Partitioning of 2 St Lawrence Street UPDATED August 17, 2012

Boardwalk land to be deeded to Rehoboth

LLC to drop appeal of partitioning denial of 2 St Lawrence Strret

Cape Gazette August 17, 2012

By Ryan Mavity

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Land fronting the Boardwalk at St. Lawrence Street is set to become city property.

After eight months of negotia­tions, Rehoboth Beach officials agreed to recognize two build­able lots at 2 St. Lawrence St. The city commissioners will vote on the measure at their 7 p.m., Fri­day, Aug. 17 meeting.

City Solicitor Glenn Mandalas said the owners, 2 St. Lawrence St. LLC, would drop their appeal of the planning commission’s denial of a partitioning for the property.

In exchange, the city will adopt an ordinance recognizing the two lots 2 St. Lawrence, basically partitioning the lots by ordi­nance.

The company agreed file a quick claim deed on the 150 feet of land beyond the eastern prop­erty line – property that extends to the Boardwalk and beach – that it previously has claimed to own. That land will then be  deeded back to the city. Man­dalas said the quick claim deed gives the land to the city.

Mandalas said once the appeal is dropped, the partitioning would not go back to the plan­ning commission, because noth­ing is being appealed.

In October, planners denied a request for a partitioning be­cause of the uncertainty over the ownership of the 150 feet east of the property line. The owners of 2 St. Lawrence St. claimed own­ership of the land, but surveys and deeds of the property over the years proved inconclusive.

Mayor Sam Cooper said, “I think it’s a very good thing. It re­solves the ownership issue of the 150 feet east of the numbered lots. It allows their partitioning to go forward, and I think it sets the tone to hopefully resolve any other issues that come up with ownership where the Boardwalk is.”

Appeals of planning commis­sion decisions are typically han­dled in three ways: the city com­missioners can uphold the plan­ners’ decision, reverse the deci­sion or remand it back to the planners. Within the city’s subdi­vision code, there is also a fourth option in which the city commis­sioners can modify the planning commission’s final action.

Cooper said while he does not think the commissioners should impose themselves on planning commission matters, because the matter is being resolved by ordi­nance, it is matter for city com­missioners.

Planning Commission Chair­man Preston Littleton said he did not want to comment on the case until the appeal is formally re­solved. Chase Brockstedt, attor­ney for 2 St. Lawrence St. LLC, said he had no comment on the settlement at this time.

NOTICE OF SPECIAL MEETING
THE COMMISSIONERS OF REHOBOTH BEACH
Special Meeting  Monday, August 6, 2012
Please be advised that a Special Meeting has been scheduled for Monday, August 6, 2012 at 10:00 a.m. or immediately following the Workshop Meeting, whichever is later, by the Rehoboth Beach Commissioners in the Commissioners Room at 229 Rehoboth Avenue, Rehoboth Beach,

AGENDA
1. Call to Order
2. Invocation, Pledge of Allegiance to the Flag and Roll Call
3. The purpose of this Special Meeting is to

  • Discuss the possible resolution of ownership issues involved with the land east of the numbered lots on the south side of the ocean block of St. Lawrence Street.

The discussion will include the terms of a draft agreement that has been
negotiated by the City Solicitor and Mayor with the owners of the property
known as 2 St. Lawrence Street and their attorney. The question of ownership of
the subject land is the basis of denial, by the Planning Commission, of a
partitioning requested by the owners of 2 St. Lawrence Street, which denial is on
appeal to the Commissioners. The draft agreement and discussion is expected to include ways of addressing this appeal.
****This item is likely to include an executive session as permitted by Delaware
Code, Title 29, Section 10004(B)(4), so that the Commissioners may have a
strategy session to receive legal advice and opinion from the City Solicitor on
this matter which involves potential litigation.

  • Consider giving direction to the City Solicitor regarding resolution of the landownership issues and partitioning appeal process in regard to 2 St. Lawrence Street.

Special meeting set for 2 St. Lawrence property

Commissioners to discuss draft agreement on contested land

By Ryan Mavity | Aug 02, 2012

Cape Gazette August 2, 2012

Rehoboth Beach — A long-negotiated settlement in an ownership dispute between Rehoboth Beach officials and a beachfront property owner could be coming to an end.

The city commissioners will hold a special meeting, 10 a.m., Monday, Aug. 6, in the city commissioners’ room, to discuss the possible resolution of property ownership issues at 2 St. Lawrence St.

The discussion will include the terms of a draft agreement, negotiated by City Solicitor Glenn Mandalas and Chase Brockstedt, attorney for property owners 2 St. Lawrence LLC.

The two attorneys have been negotiating since January on how to resolve 2 St. Lawrence St.’s claim of land east of the ocean front property line. In October, the Planning Commission denied a request for a partitioning, citing uncertainty over what exactly the LLC owns.

While the property is large enough to be partitioned as is, 2 St. Lawrence has remained steadfast in its claims of ownership of 150 feet of land east of the property line. When its partitioning request was denied, Brockstedt filed an appeal with the city commissioners.

The commissioners could convene into executive session to receive legal advice but will eventually consider giving Mandalas direction on how to resolve the land ownership and how the partitioning appeal process will take place moving forward.

Brockstedt said 2 St. Lawrence had no comment at this time.

Mandalas did not respond to a request for comment.