AGENDA MEMORANDUM

 

Meeting Date:           October 12, 2009

 

From:                          Fred A. Morrison, City Attorney

 

Subject:                      Resolution approving the Plat amendment of Southwinds Cove

 

 

Staff Recommendation:

Approve the attached Resolution amending the surveyor’s notes shown on the Plat of Southwinds Cove as recorded in according to the plat thereof recorded in Plat Book 63, Page 86, Public Records of Lake County, Florida.

 

Analysis:

Recently the City Commission approved the Plat of Southwinds Cove. Prior to approval of the plat, the developers (Southwinds Partners, L.L.L.P. and Southwinds Cove III, L.L.L.P.) negotiated with staff and the City Attorney a set of surveyor’s notes for the plat which differed from those shown on the mylar initially submitted for approval. Due to an oversight on someone’s part, the City Commission was presented with and approved the original mylar which was then recorded, instead of the revised plat with the negotiated set of surveyor’s notes. The Resolution now proposed is intended to revoke and annul the notes on the plat and substitute the notes which should have been depicted on the plat in the first instance.

 

Options:        

1.      Approve the Resolution as submitted, or;

2.      Such other action as the City Commission determines to be appropriate under the circumstances.

 

Fiscal Impact

The fiscal impact on the City will be minimal, consisting of the per page cost to record a certified copy of the Resolution in the public records, most likely $27.00.

 

Submission Date and Time:    10/9/09 11:35 AM____

Department:    City Attorney

Prepared by:  Fred A. Morrison

Attachments:  Yes_X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Newspapers:

_________________________________                                                    

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 


           RESOLUTION NO._             

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, RECOGNIZING AN ERROR IN THE NOTES CONTAINED ON THE PLAT OF SOUTHWINDS COVE AS RECORDED IN PLAT BOOK 63, PAGE 86, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; SETTING FORTH THE NOTES WHICH SHOULD HAVE APPEARED ON THE PLAT; REVOKING AND ANNULLING THE ERRONEOUS NOTES ON THE PLAT AND RESOLVING THAT THE CORRECT NOTES AS SET FORTH IN THIS RESOLUTION SHALL APPLY TO THE PLAT; PROVIDING FOR RECORDATION OF THIS RESOLUTION IN THE PUBLIC RECORDS; AND PROVIDING AN EFFECTIVE DATE.

 

            WHEREAS, the City Commission of the City of Leesburg, Florida, previously approved the plat of Southwinds Cove, which was subsequently recorded in Plat Book 63, Page 86, Public Records of Lake County, Florida; and

 

            WHEREAS, the plat as recorded contained incorrect notations on the first page; and

 

            WHEREAS, the developers, Southwinds Partners, L.L.L.P. and Southwinds Cove III, L.L.L.P., have requested that the erroneous plat notes be corrected, and

 

            WHEREAS, the City Commission desires to correct the notations to read as the developer and the City of Leesburg intended at the time the plat was approved and submitted for recording;

 

            NOW THEREFORE, be it resolved by the City Commission of the City of Leesburg, Florida, that:

 

SECTION I.

 

The surveyor’s notes contained on Page 1 of the plat of Southwinds Cove, as recorded in Plat Book 63, Page 86, Public Records of Lake County, Florida, are hereby revoked and annulled and shall no longer apply to the plat nor be of any other or further force or effect whatsoever, for any purpose.

 

SECTION II.

 

The previous Resolution of the City Commission, approving the plat which was actually placed of record, is hereby amended such that the following shall henceforth constitute the notations pertinent to the aforedescribed plat of Southwinds Cove, as if the same had appeared on the plat at the time of its approval and recordation:

 

1.         Bearings shown hereon are based on an assumed datum, the West line of the       Northwest 1/4  of Section 28, Township 19 South, Range 24 East as being South   00°06'03" West for  angular designation only. 

 

2.         All lot lines are radial, unless otherwise noted non-radial (N.R.). 

 

3.         Coordinates as shown hereon are in U.S. feet, based on City of Leesburg horizontal  information, with datum based on National Adjusted Datum of 1983, 1990 adjustment.

 

4.         All numbered lots depicted hereon shall be used for townhouse dwellings.

 

5.         Tract A (Future Development) shall be used for the future development of additional townhouse dwellings.

 

6.         Tract B (Private Right of Way) shall be used as a private roadway system for pedestrian and vehicular ingress and egress to and from Lots 1 through 112 and Tract A (Future Development) and publicly dedicated right of way and shall be maintained by the Southwinds Cove Homeowners Association, Inc. a Florida not-for-profit corporation.

 

7.         Tract C (Open Space/Detention) shall be used for stormwater management purposes and open space serving Lots 1 through 112 and Tract A and shall be maintained by the Southwinds Cove Homeowners Association, Inc, a Florida not-for-profit corporation.

 

8.         Tract D (Lift Station) shall be used for a lift station and is hereby dedicated to and shall be owned and maintained by the City of Leesburg.

 

9.         Tract E (Clubhouse, Common Area & Open Space) shall be used for the purposes of a clubhouse, pool, maintenance building and car care area, common area and open space serving Lots 1 through 112.

 

10.       Tract F (Open Space) & Tract G (Open Space) shall be used as open space serving Lots 1 through 112.

 

11.       Tract H (Open Space/Detention) shall be used for stormwater management purposes and open space serving Lots 1 through 112 and shall be maintained by the Southwinds Cove Homeowners Association, Inc. a Florida not-for-profit corporation.

 

12.       A Utility Easement under Tract B (Private Right of Way), Tract H (Open Space/Detention) and Tract F (Open Space) is hereby dedicated to the City of Leesburg, in its capacity as a provider of water, sewer, electric and gas utilities for the sole purpose of providing water, sewer, electric and gas utilities and is not dedicated to the public.

 

13.       All easements reserved on this plat are in favor of the Southwinds Cove Homeowners Association, Inc., a not-for-profit corporation, unless otherwise noted.

 

14.       All platted Utility Easements are hereby dedicated to the City of Leesburg, in its capacity as a provider of water, sewer, electric and gas utilities for the sole purpose of providing water, sewer, electric and gas utilities and are not dedicated to the public.

 


15.       The Access Easement over a portion of Tract A (Future Development) is hereby dedicated to the City of Leesburg, in its capacity as a provider of water, sewer, electric and gas utilities, for the purpose of providing ingress, egress and regress for pedestrian and vehicular traffic and access to and from the utility facilities constructed in the adjacent Utility Easement and Tract B (Private Right of Way), in order to install, operate and maintain such utility facilities.

 

SECTION III.

 

All persons examining or in any manner relying on the plat of Southwinds Cove are placed on notice of the change in the notations contained on Page 1 thereof and anyone hereafter acquiring any right, title or interest in any lands depicted on the plat shall accept such interest subject to the notations set forth in this Resolution.

 

SECTION IV.

 

The City Clerk is directed to place a certified copy of this Resolution in the Official Records of Lake County, Florida, to alert purchasers of lots and tracts depicted on the plat of the action taken hereby.

 

SECTION V.

 

This Resolution shall take effect immediately upon its passage and adoption according to law.

 

            PASSED AND ADOPTED at the regular meeting of the Leesburg City Commission held on the                          day of                                      , 2009.

 

                                                                                    THE CITY OF LEESBURG, FLORIDA

 

 

 

                                                                                    BY:                                                                 

                                                                                                LEWIS PUCKETT, Mayor

 

 

ATTEST:                                                                   

                   BETTY M. RICHARDSON, City Clerk