Volume I posted by Chris Mallios on the old LC blog in March 2007
On Monday, May 5th, planning and zoning will vote to approve the subdivision plat of Nick Scotto’s Cypress Bay Section 3 (CB3).
With this plat Scotto claims ownership of a property located within the boundary of Glen Cove subdivision. From December 6, 2006 and until the last council meeting Scotto has claimed ownership of the property Seminole Bridge property.
Problem: At Tuesday night’s council meeting (4/28/09) the Glen Cove HOA President and two residents spoke to oppose P & Z plans to approve CB 3. In February 2009 a letter was given to council by the Glen Cove HOA President and the letter quoted City Attorneys Bill Helfand and Dick Gregg as stating the bridge deed from the City to Scotto was unauthorized and void. Undeniable proof of comments was given to council.
On Tuesday night after Jeff Hagen’s closing statements to council there was applause by citizens in the crowded council chambers. Several council members were wide-eyed and had a look of disbelief. Neil Baron, a proponent of the Scotto/Cones Glen Cove plan gave his famous eye-roll and (I smell) cat-poo face.
A priceless moment came after the mayor demanded no applause. A woman yells out “Well then tell Neil Baron to stop making faces!”
The message was clear – How could P & Z approve the Cypress Bay plat that included Glen Cove land Scotto did not own?
____________________
Never Fear Scotto/Cones Fans – The crafty and wise ones always have a back-up plan to deal with pesky Glen Cove folks.
The next day Scotto files a new subdivision plat dated 4/29/09 and provides a new deed to prove his ownership of the Glen Cove property. Planning Department La Shondra Holmes (surely with the help to Tony Allender - Director of Land Management) worked diligently not to delay the P & Z plat approval. After all, time is of the essence, Scotto will not accept any delay.
Problem: The new deed presented by Scotto is WORTHLESS. Ms. Holmes and Mr. Allender are clueless and no due diligence is done to verify the meaning or validity of this Mystery Deed II. Where did this duo go to get legal and real estate advice?
Deed Facts:
Type Deed: Deed WITHOUT Warranty (like a quit claim deed)
Property Conveyed: Defined as “Exhibit A”; Tract 7 a 2.274 acre EASEMENT and Tract 7 II, a .2554 acre property common called the bridge property.
Effective Date: September 15, 2006
Date Signed: April 6, 2009
Grantor: Kevin T. Howell, President NRG Texas Power, LLC
Agreed and Accepted by Nick Scotto, MB Harbour, LTD
Let’s consider the nature of this deed.
1. It is odd to have a signed date of 2 ½ years after effective date.
2. The metes and bounds legal description of the bridge tract is dated November 3, 2006, about six weeks after the “effective??” date of purchase.
3. In September 2006 Scotto purchased three tracts from NRG. This bridge tract was not included as part of the sale.
4. NRG NEVER owned the bridge property. This fact was known by NRG, Nick Scotto, Dick Gregg, and Scotto’s surveyor Steve Williams.
5. Why would Scotto acquire the Chris Reed-signed city deed if he had purchased the property from NRG in September 2006? Are two deeds better than one?
Question: After presented with these facts will P & Z approval of Scotto’s CB3 plat be postponed. Or will the final plat for Tommy Cones pet project be approved in haste and create yet another legal problem for the city. I have heard the cost of litigation of the Cones involved Glen Cove litigation exceeds over $100,000.
Please contact responsible parties and ask them to delay approval of this plat until proper due diligence is preformed by a qualified title attorney.
Nick Scotto – MB Harbour
La Shondra Holmes – Planning Manager 281-554-1079
Tony Allender – Director of Land Management
Chris Hullman – Chairman Planning and Zoning Commission
Members of Planning and Zoning Commission - (info to follow)
Please ask all parties to do what is right. We all should be accountable for our actions.
We rely on P & Z Commision to make well-informed decisions to protect the interests of the City and the citizens. A hasty ill-informed decision does neither. The information presented to P & Z lacks due diligence.
Any help posting contact numbers and email addresses would be appreciated.
Paul Smith
