R-02-1250•
CITY OF CLERMONT
RESOLUTION
• No. 1250
A RESOLUTION OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, CORRECTING AN ERROR IN THE RECORDING OF
THE PLAT OF COLLEGE PARK, A SUBDIVISION WITHIN THE
CITY, AND RELINQUISHING ANY CLAIM TO ITS PRIVATE
STREETS.
Whereas, the City of Clermont did, on the 22°d of June 1999, approve a variance
for College Park, a subdivision within the City of Clermont, wherein that subdivision was
permitted to have private streets and a private, gated community, and
Whereas, the City of Clermont approved a final plat of College Park, which
erroneously depicted a dedication of the subdivision's streets to the public, and
Whereas, the surveyor, Rhoden Land Surveying, Inc., has filed an affidavit
stating this error in presentation of the dedication language on the plat and correcting the
same, and
Whereas, the filing of the original plat might have cast some cloud on the title to
said streets.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Florida, that it acknowledges the City's June 22, 1999 motion allowing private
streets in the College Park subdivision; and recognizes the error in the original plat of
College Park, a subdivision within the City of Clermont, which plat dedicated the streets
to the public; and agrees that said streets are to be private and releases any interest in said
streets that may have evolved from the recording of the original plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Florida, that this Resolution is effective May 14, 2002.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, THIS 14th day of May, 2002.
~~
arol S. Turville, Jr., Mayor
Attest: i`'
Jo eph E. Van Zil , ity Clerk
• •
Robert D. Guthrie
City Attorney
• 407-310-?712
To: Mayor & City Council
From: RDG
Subject: Private Streets -College Park Subdivision
Date: May 8, 2002
On June 22, 1999, at a public hearing, the City Council granted a
variance from City Code standards to allow private streets in the College
Park subdivision. (Applicant was Park Square Enterprises, Inc. and the
minutes reflecting this action of June 22, 1999 are attached.)
When the surveyor for the property owner prepared the plat for
City approval he erroneously included the signature block dedicating the
roads in the subdivision to the public. This issue was not caught prior to
recording of the plat.
The surveyor did an affidavit noting the erroneous dedication
language. This affidavit is a permissible way to correct an error on the
plat under State law (Section 177.141, Florida Statutes) . The property
owner's title company requests a resolution from the City acknowledging
the error on the recorded plat and the action allowing private streets in
the subdivision.
Recommended Action; Consider and adopt Resolution No. 1250
to reflect the action taken by City Council on June 22, 1999 relating to
private streets in the College Park subdivision.
L J
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JUNE 22, 1999
Page 10
Park Square Enterprises, Inc.
Mayor Turville stated that this issue requires aQuasi-Judicial Hearing be held and that
anyone wishing to speak in favor of or in opposition to the request should be sworn in.
City Manager Saunders stated the applicant is requesting a variance from our land
development regulations in order to allow private streets within a private gated
community for their project located on the future extension of North Hancock Road.
•
Attorney George Hovis represented the applicants and stated the private streets would be
maintained by the homeowners of the gated community.
City Manager Saunders stated that the staff recommends approval and added that the
private streets are required to be built to the City's standards with appropriate right-of-
ways and applicants are doing that.
Mayor Turville stated he had concerns that if the residents decide in the future not to take
care of the private streets, the City will have to maintain them. Mr. Turville stated that he
was concerned that if the homeowners did not maintain the streets, it would be difficult
for the City to take the voters to task.
City Manager Saunders explained that there is no requirement for the City to accept
private streets, and if the City decided to take them over and if the private streets were in
bad shape, the City could take them over with a requirement to bring them up to code or
with a special assessment. Mr. Saunders stated that it will save the City money as the
City will not have to maintain the streets for several years or provide and maintain
streetlights-
Council Member Wolfe stated gated communities were typically more expensive real
estate with a high tax base.
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CITY OF CLERMONT
NIINUTES
REGULAR COUNCIL MEETING
JiJNE 22, 1999
Page 11
Mr. Hovis stated that the subdivisions now have very detailed declarations of covenants
and restrictions that outline the responsibility of each property owner. Mr. Hovis stated if
a homeowners does not pay his share of the maintenance, the Association sues and a lien
is put on the property. Mr. Hovis further stated that the City is never under an obligation
to take the private streets into their street system.
A motion was made by Council Member Biddle and se_conde_d
by Council Member Brown. and carried zlnanimot!sl~,1Z,y roll ~~~~~
call vote to grant a variance to Park.Square E.nternriser to
. allownrivate _rtreets within aPrivat~gated commt!ni~
Levitt Homes, Inc.
Levitt Homes, Inc. variance request tabled.
A motion was made by Council Member Biddle and seconded ~~/~~
by Council Memher Brown. and carrip vnanimnus~i n rnhle
_the variance re_gz!e_st.
Cecil Schrader
Cecil Schrader variance request tabled.
A motion was made by Council Member Biddle and ce~~1td~ Gp ~j/
by Council Member Wo(f~ and carried rn~~nimn~~sly_(a table / ~~~/lJ
the. variance regi,est.
Skyridge Valley
City Manager stated this is a final plat approval for the Centex Homes single family
project that is under construction and located south of the easterly extension of
Northridge Boulevard and east of Citrus Tower Boulevard. Mr. Saunders stated that Staff
recommends approval of the final plat, subject to some additional right-ot=way required