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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 • • 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. • • ~. 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