Planning and Zoning Meeting Agenda Item
Resolution 2019-115 (First and Final Reading) — A Resolution Vacating the Green Key Village Phase 3 Subdivision, As Per the Plat thereof Recorded in Plat Book 70, Pages 48 And 49, Public Records of Lake County, Florida; Being within the Town Limits of the Town of Lady Lake, Florida.
Staff Recommended Motion
Staff recommends approval of Resolution 2019-115 as presented.
On Thursday, October 24, 2019, applicant and owner Greg Thomas of Green Key Village, LLC, applied to vacate the plat of Green Key Village Phase 3. The property includes approximately 7.29 acres. A replat of the subdivision has already occurred, and was approved on Monday, October 21, 2019 by the Town Commission. The development will remain a 27-lot subdivision according to the replat that has been approved.
Originally the Green Key Village Phase 3 Subdivision final plat was approved on October 1, 2018. Upon completion of construction of the model homes, and through the closing process of the sale of a home in Phase 3, it was realized that the utility easement along the front property line was shown as ten feet on the plat. Again, the replat that was recently approved corrected the issue; however, the title attorney representing Green Key Village, LLC advised that the vacation of the Green Key Village Phase 3 plat should still take place to ensure there are no issues tied to the properties or subdivision related to that plat going forward.
The applicant has furnished a Joinder and Consent for fee simple owner Kathryn Paul for Lot 49, and John Swanson as holder of a Mortgage and Security Agreements from Green Key Village, LLC to John A. Swanson. No other parties at this time have interest in the properties; therefore, no other consent is requisite for vacating the plat.
Staff mailed notices to inform the surrounding nine property owners within 150 feet of the property proposed by the plat vacation request Monday, October 28, 2019. The property was also posted Monday, October 28, 2019.
Source of Funding
The Technical Review Committee (TRC) members individually reviewed the application on Monday, November 4, 2019, and found the application complete ready to move forward to the Planning and Zoning Board.
At the November 12, 2019 meeting the Planning and Zoning Board voted 3 to 0 to forward Resolution 2019-115 to the Town Commission with the recommendation of approval.
Draft Resolution 2019-115
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LADY LAKE, FLORIDA; VACATING THE GREEN KEY VILLAGE PHASE 3 SUBDIVISON, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 70, PAGES 48 AND 49, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; BEING WITHIN THE TOWN LIMITS OF THE TOWN OF LADY LAKE, FLORIDA.
WHEREAS, Green Key Village, LLC, a Florida limited liability company, has petitioned the Town of Lady Lake to vacate the Green Key Village Phase 3 Subdivision as per the plat thereof recorded in Plat Book 70, Pages 48 and 49, Public Records of Lake County, Florida: and
WHEREAS, the applicant has furnished a Joinder and Consent for fee simple owner Kathryn Paul for Lot 49, and John Swanson as holder of a Mortgage and Security Agreements from Green Key Village, LLC to John A. Swanson; and
WHEREAS, easements set forth in the subject plat have been recorded with the wrong dimensions, thus requiring the plat to be vacated; and
WHEREAS, a notice of consideration of said petition to vacate the plat has been published in the Daily Sun, a newspaper of general circulation; and
WHEREAS, a replat of the subdivision entitled Green Key Village Phase 3 Replat was approved by the Town Commission of the Town of Lady Lake on October 21, 2019, and has been recorded in Plat Book 72, Pages 12 and 13, Public Records of Lake County, Florida.
NOW, THEREFORE, BE IT RESOLVED that the Town Commission of the Town of Lady Lake, Florida, hereby vacates, disclaims, and quit-claims any and all interest in the Green Key Village Phase 3 Subdivision, and releases itself of any and all maintenance obligations for the purpose of vacating said plat, within the town limits of the Town of Lady Lake, Florida.
This Resolution shall take effect immediately upon its adoption by the Town Commission of the Town of Lady Lake.
RESOLVED this 16th day of December, 2019, in Lady Lake, Florida, by the Lady Lake Town Commission.
Town of Lady Lake, Florida
Jim Richards, Mayor
Kristen Kollgaard, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
Exhibit A: Legal Description and Map
GREEN KEY VILLAGE PHASE 3, AS RECORDED IN PLAT BOOK 70, PAGES 48 AND 49, OF THE PUBLIC RECORDS OF LAKE COUNTY FLORIDA, LYING IN THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 18 SOUTH, RANGE 24 EAST, TOWN OF LADY LAKE, LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWESTERN MOST CORNER OF SAID GREEN KEY VILLAGE PHASE 3; THENCE ALONG THE BOUNDARY LINE OF SAID GREEN KEY VILLAGE PHASE 3 THE FOLLOWING COURSES: N44'59'54"W FOR 35.52 FEET; THENCE N00"21'02"E FOR 131.79 FEET; THENCE N89"38'58"W FOR 51.35 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60'21'25" FOR A DISTANCE OF 26.34 FEET TO THE POINT OF TANGENCY; THENCE N29"17'33"W FOR 19.85 FEET; THENCE N60"42'27"E FOR 1022.16 FEET; THENCE S00"03'52"W FOR 215.44 FEET; THENCE N89"38'59"W FOR 85.51 FEET; THENCE S00"06'36"W FOR 199.93 FEET; THENCE N89"39'10"W FOR 89.19 FEET; THENCE S00"05'24"W FOR 290.07 FEET; THENCE N89"38'58"W FOR 387.02 FEET; THENCE N00"21'02"E FOR 13.25 FEET; THENCE N89"38'58"W FOR 221. 73 FEET TO POINT OF BEGINNING.
CONTAINING 7.29 ACRES, MORE OR LESS.