Commission defers FDOT Pembroke Road memorandum of agreement after Cinnamon Place HOA raises title issues

The City Commission on Sept. 17 granted a time‑certain deferral, 4–1, on a memorandum of agreement (MOA) with the Florida Department of Transportation (FDOT) for the Pembroke Road widening project after representatives of the Cinnamon Place homeowners association (HOA) raised a dispute over ownership and maintenance obligations for property adjacent to Cinnamon Place Park.

Deputy right‑of‑way manager Christina Brown of FDOT explained the MOA covers FDOT’s ability to acquire property on the city’s behalf and the vacation of an existing platted easement near Cinnamon Place Park. She told commissioners the project is currently funded for land acquisition and warned that further deferrals could jeopardize the schedule because the department is reallocating funds to projects able to move forward.

City Engineer Carl Kennedy’s email — read into the record by Commissioner Goode — summarized a Sept. 3 meeting with the HOA, FDOT and city staff. Kennedy reported that FDOT’s legal department had taken the position that the HOA did not hold fee‑simple title to the disputed land, and that the HOA had not delivered evidence of fee title. Kennedy said the revised MOA added an approximately 10‑foot perpetual maintenance easement behind the proposed sound wall; FDOT said the easement was needed because the HOA had stated it would not maintain the backside of the wall and because no city ordinance requires a private group to maintain a city‑owned sound wall.

Stephen Straley, representing Honeywoods/Honeywood’s HOA, told the commission the HOA’s title company (First American) had reported the HOA does own the property and that the HOA intends to file a quiet‑title action; he said the HOA also is seeking a deed from successor entities in the developer chain. Straley said the HOA will pursue both a quiet‑title filing and outreach to FDOT and asked the city to remain engaged.

Commissioner Goode, the district commissioner, asked for a time extension so the HOA could pursue filings. Commissioners discussed the timing and the city confirmed the next feasible meeting for action would be Dec. 17. Commissioner Goode proposed — the commission accepted as a condition of the deferral — that HOA counsel provide copies of any legal filings to city staff so the city and public can monitor progress while the matter is deferred.

The commission approved a motion to defer the MOA to Dec. 17 with the condition that the HOA provide filings to the city; the vote was 4–1. Mayor Castillo said the city would allow this final deferral but that further delays would risk the project. FDOT said it would continue design and right‑of‑way work where possible but reiterated that additional delay risks funding and schedule.