§ 126-6. Procedure and requirements for recording the final plat.

Latest version.

The approved final plat is the official record of the subdivision to be filed with the city manager or designee, and it is verification that the subdivided land has been developed substantially in accordance with the improvement plans. The final plat must be approved by the city council and recorded in the county public records prior to the developer selling any lot or parcel.

(1)

Procedure. No final plat application shall be submitted for approval prior to the issuance of improvement plan approval. The plat shall be accompanied by:

The appropriate filing fee.

A reservation of capacity for the area to be platted pursuant to chapter 90 of this land development code, pertaining to concurrency management.

Ten copies of the final plat drawing, and the original Mylar.

A copy of the responsible party's documents which accept the responsibility for maintenance of all private streets, rights-of-way, easements, recreation areas, stormwater management facilities or other improvements.

A copy of the final protective covenants and deed restrictions, where such covenants and restrictions are required or established by the applicant.

All applicable informational requirements of this land development code.

Title opinion, and any other legal documents deemed necessary by the city attorney.

Certificate of approval by the city council. The plat shall contain the approval and signature block for the mayor and the acknowledgment and signature block of the clerk of circuit court and the city attorney. If the plat contains dedications to the city, this certificate shall also indicate whether the city accepts in whole or in part the dedications made. The following form is acceptable:

(2)

Format of drawings. The final plat shall be:

Prepared in accordance with F.S. ch. 177, part I, as amended, by a land surveyor registered and licensed in the state.

On sheets a maximum of 22½ inches by 27 inches with a three-quarter-inch margin on three sides and a three-inch margin on the left side for binding.

To a scale no smaller than one inch represents 100 feet. In the case of unusually large or small parcels, this may be modified upon review of the city mayor or designee.

Clearly drawn or printed with permanent black drawing ink, or as permitted under F.S. § 177.091, or as amended.

(3)

Information required. All information as required in F.S. §§ 177.031, 177.041, 177.051, 177.061, 177.081, and 177.091, as amended. In addition, the final plat shall contain:

The date of preparation of the final plat.

County and city limit lines within or abutting the tract.

The location and width of all existing or recorded rights-of-way intersecting or contiguous to the boundary of the plat.

The following statement shall be noted on the plat in a prominent place:

"Notice: There may be additional restrictions that are not recorded on this plat that may be found in the public records of Lake County."

A one-inch by five-inch space in the upper right-hand corner of each sheet to be used by the clerk of the circuit court for recording information. The following shall be depicted:

PLAT BOOK:_______

PAGE:_______

No strip or parcel of land reserved by the owner unless it is of sufficient size to be of some particular use or service or is environmentally sensitive land.

The boundary of the final plat shall not have a mathematical error of closure greater than 0.01 foot.

All covenants, restrictions or reservations placed by the developer or required by the city shall appear on the final plat or be established by separate recorded document.

When deemed necessary by a member of the DRC to ensure the proper future expansion of utilities services, a covenant document shall be filed with the plat that indicates the following statement: "In the future, when a potable water distribution and/or wastewater collection system becomes available to service the subdivision, service improvements and connection shall be made by the homeowners' association or by the property owners." All deeds conveying properties within the subdivision shall reference the covenant document.

(4)

Certifications, dedications and approvals. The final plat shall contain on the face or first page the following certifications, dedications and approvals, all executed and acknowledged as required by law, in the forms set forth as follows:

Dedications. All areas reserved for use by the residents of the subdivision, and all areas or facilities intended for public use, shall be specifically dedicated by the owner of the land at the time the plat is recorded. All streets, rights-of-way, easements, recreation facilities, or other areas designed to serve more than one property owner shall be dedicated to the city or to the private property owners' association in a manner that will ensure access to, and use by, present and future owners of the properties to be served. Where private dedications are involved, ownership and maintenance association documents shall be submitted with the final plat. The dedication shall clearly dedicate the private facilities to the association without recourse to the city or any other public agency. All dedicated areas shall be identified as tracts unless such areas are dedicated to one entity and clearly identifiable. All dedications shall be in the following forms or as approved by the city attorney:

Corporate.

	CERTIFICATE OF DEDICATION
	(Corporate)
	STATE OF _____
	COUNTY OF _____

KNOW ALL MEN BY THESE PRESENTS, that (exact corporate name), a (state) corporation, fee simple owner of the land described and platted herein, as (exact name of subdivision), being in the City of Minneola, Lake County, Florida, have caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows:

(Select as appropriate from subsections (4)a.3 and (4)a.4 of this section)

Individual.

	CERTIFICATE OF DEDICATION
	(Individual)
	STATE OF _____
	COUNTY OF _____

KNOW ALL MEN BY THESE PRESENTS, that (exact owner's name), fee simple owner of the land described and platted herein, as (exact name of subdivision), being in the City of Minneola, Lake County, Florida, has caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows:

(Select as appropriate from subsections (4)a.3 and (4)a.4 of this section)

Select as appropriate to be added to the certificate of dedication:

Streets and rights-of-way (for public streets). All streets and rights-of-way shown on this plat (name specifically if less than all) are hereby dedicated in perpetuity to the city for the use and benefit of the public for proper purposes.

ii.

Utility easements. The utility easements shown are dedicated in perpetuity to the utility provider for the construction, installation, maintenance and operation of utilities by any utility provider, including cable television services, in compliance with such ordinances and regulations as may be adopted from time to time by the city council.

iii.

Drainage and stormwater management easements. The drainage easements and stormwater management tracts or easements as shown are dedicated in perpetuity for construction and maintenance of drainage facilities and shall be the perpetual maintenance obligation of the (give exact name of maintenance entity). Front yard drainage easements are subject to the right of each lot to have a driveway for ingress/egress as approved by the city.

iv.

Park and recreation areas. The park and recreation areas as shown are dedicated in perpetuity for the (exclusive use and enjoyment of owners of lots in this subdivision) (use and enjoyment of the public) and shall be the perpetual maintenance obligation of (give each name of maintenance entity, if private) (city).

Limited access easements. The limited access easements as shown are dedicated in perpetuity to the city for the purposes of control and jurisdiction over access rights.

vi.

Conservation easements. Conservation easements as shown are dedicated in perpetuity to the city (and name any other specific agencies requiring preservation dedication) for the purpose of preservation of environmentally sensitive areas.

Add appropriate conclusion to certificate of dedication. The dedication must be executed in the same manner in which deeds are required to be executed as required by F.S. § 177.081, as amended.

Joinder and consent to dedication by mortgage or other party in interest. The joinder and consent to dedication by mortgagee or other party in interest must be executed in the same manner in which deeds are required to be executed as required by F.S. § 177.081, as amended.

Certificate of title.

Every plat submitted must be accompanied by a title opinion of an attorney at law licensed in the state or a certification by an abstractor or title company showing that record title to the land as described and shown on the plat is in the name of the person, persons, corporation, or entity executing the dedication, if any, as it is shown on the plat and, if the plat does not contain a dedication, that the developer has record title to the land. The title opinion or certification shall also show all mortgages not satisfied or released of record or otherwise terminated by law. The opinion must also show other easement and encumbrances of record. The requirements of F.S. § 177.041, as amended, must be met in this regard.

The opinion of title shall also state that:

The lands as described and shown on the plat are in the name of, and apparent record title is held by, the persons or organizations executing the dedication;

ii.

All taxes have been paid on such property as required by F.S. § 197.192, or as amended; and

iii.

The official record book and page number of all mortgages, liens, or other encumbrances against the land, and the names of all persons holding an interest in such mortgage, lien or encumbrance.

The title certification shall be an opinion of a state attorney-at-law or the certification of an abstract or title insurance company licensed to do business in the state. The city reserves the right to require that the title certification date be brought within 30 days of the time of final plat approval.

Certification of surveyor. The plat shall contain the signature, registration number and official seal of the land surveyor certifying that the survey data compiled and shown on the plat complies with all of the requirements of F.S. ch. 177, latest published edition, in the following forms:

CERTIFICATE OF SURVEYOR

KNOW ALL MEN BY THESE PRESENTS, That the undersigned, being a licensed and registered professional surveyor & mapper, pursuant to F.S. ch. 472, does hereby certify that on ________ he completed the survey of the lands as shown in the foregoing plat; that said plat is a correct presentation of the lands therein described and platted or subdivided; that permanent reference monuments have been placed and each P.C.P. will be set as shown thereon as required by Florida Statutes, and that said land is located in Minneola, Florida. Further, the undersigned certifies that the foregoing plat was prepared under his or her direction and that the plat complies with all requirements of Chapter 177, Florida Statutes.

Signature _____

Dated _____	Registration
No. _____

CERTIFICATE OF APPROVAL
BY THE CITY COUNCIL

THIS IS TO CERTIFY that on ________ the foregoing plat was approved by the City Council of the City of Minneola, Florida. (Address acceptance of dedications in whole or in part, as appropriate).

___________
Mayor

Attest:

___________
City Clerk

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

___________
City Attorney

Clerk's certification.

State of Florida
County of Lake

I, Clerk of Circuit Court of Lake County, Florida, do hereby certify that I have examined this plat of ___________ subdivision and that it complies with all the requirements of Laws of Fla. ch. 177. This plat filed for record this _____ day of _______, 20___, and recorded on Page _____ of Plat Book _______ in the office of the Clerk of Circuit Court of Lake County, Florida.

By: _____
Clerk of Circuit Court, Lake County, Florida.

Instrument prepared by. The name and address of the natural person who prepared the plat shall be contained on the plat. The name and address shall be in statement form consisting of the words "This instrument was prepared by (name), (address)."

Signatures. All signatures required shall be originals on the final plat and shall be made in permanent dark ink.

(5)

Review and approval of final plat documents.

The appropriate DRP reviewers will review and evaluate the plat for consistency with the preliminary plat and improvement plan and all applicable ordinances, regulations, and policies of the city. If any DRP reviewer recommends denial of the final plat, specific reasons for the member's recommendation shall be provided to the applicant, and the applicant may then revise the plat to conform to the specific findings of the DRP reviewers or proceed to allow the city council to consider the proposed plat notwithstanding the objection of the DRC member.

Upon review of a final plat by the appropriate DRP reviewers, the plat shall be forwarded to the city council to be placed on the council's agenda for the next regularly scheduled council meeting. The city attorney must review mylars prior to scheduling the final plat for the city council agenda. The city council shall determine whether the final plat is in substantial conformity with the improvement plans and meets all the requirements of the laws, rules and regulations of the city and after consideration shall approve, postpone for future consideration, approve subject to specified conditions or disapprove for stated reasons. Upon review of a decision by a DRP reviewer to recommend denial of a final plat, the city council shall consider the reasons of such DRP reviewer(s) to recommend denial and determine if the plat fails to satisfy the requirements of the city's ordinances, regulations and policies or is inconsistent with the preliminary plat or improvement plan. If the council finds that the DRP reviewer's specific findings for his or her recommendation of denial of the plat are not sufficient and that the plat meets all applicable city ordinances, regulations and policies as well as the requirements of F.S. ch. 177, the council may vote to approve the plat.

In rejecting any final plat, the city council shall provide reasons for such action and recommendation making reference to specific sections in this land development code and F.S. ch. 177, or applicable city policy established by the council. The city manager or designee shall send a copy of such reasons to the developer. The subdivider may comply with the recommendations made by the city council and thus be qualified to resubmit the final plat to the city manager or designee for processing as prescribed in this section.

The city council shall indicate approval on the final plat by signature of the mayor.

(6)

Recording. The final plat shall be recorded by the city engineer, with fees paid by the developer, in the circuit court of the county. After recording, the developer may sell lots.

(7)

Acceptance of public improvements. Approval of such final plat shall constitute acceptance by the city of all public areas or improvements dedicated to the city according to the terms set out in the acceptance block. In addition to the following, all provisions specified in section 98-11 shall be adhered to.

The owner shall be required to maintain the accepted improvements in good condition and post a maintenance bond for one year from the date that a certificate of completion is issued by the city mayor or designee, whichever is later. At the end of such period, the improvements shall be in such condition that they meet the requirements of this land development code as it existed at the time of approval of the final plat.

The city accepts no obligation to perform any act of construction or maintenance except when the obligation is voluntarily and expressly assumed by the city.

The city shall withhold all public improvements, including the maintenance of streets, from all subdivisions which have not been accepted in the manner provided in this section.

No changes, erasures, modifications or revisions shall be made on any final plat after approval unless the plat is first resubmitted for approval.

The developer shall pay all costs of public improvements. The city will not be responsible for any construction costs not paid at the time of acceptance.

All mortgages or others having a lien on the land shall join in or ratify the plat and all dedications thereon executed and shall certify that all dedicated lands are free from such mortgages or liens.

The city will accept no obligation to repair or maintain navigable canals, waterways or bulkheads. Waterways and canals must be dedicated to and accepted by a property owners' association. Bulkheads that abut private or public streets must also be accepted for maintenance and repair by the property owners' association.

(8)

Plat vacation request.

Review process. Plat vacation requests shall be made through the city manager or designee on applications furnished by the city to be scheduled for a DRP meeting. A filing fee shall accompany any request. If there are any existing utilities on the site, the city will require an easement. The request will be reviewed by the appropriate DRP reviewers as scheduled by the city manager or designee. The request will be scheduled for consideration by the city council in accordance with F.S. § 177.101, or as amended, which governs plat vacations.

Public notice. The city shall advertise that a public hearing will be held to consider the request. Advertisement in a newspaper of general circulation in the area shall be done once a week for two consecutive weeks, with the first advertisement at least two weeks prior to the date stated therein for the hearing. Additionally, the city shall notify the adjacent property owners by mail two weeks prior to the hearing. Notice shall also be posted in a conspicuous place at the city hall.

(9)

Rights-of-way vacation requests.

Application. Right-of-way vacation requests are made through the city manager or designee's office on applications furnished by the city for consideration by the appropriate DRP reviewers. Each property owner adjoining the portion of the right-of-way to be vacated must submit a petition and the required fee. Should any of the adjoining property owners not agree to the vacation request, the other petitioners may still request it from the city council, which has sole authority to decide on a vacation. If there are any existing utilities in the right-of-way, the city will require easements.

Review process. The appropriate DRP reviewers shall review the request as scheduled by the city manager or designee. Once the applicant has adequately addressed all comments of the DRP reviewers, the vacation request will be scheduled for consideration by the city council in accordance with F.S. ch. 336, or as amended, which governs right-of-way vacations.

Public notice. The city shall advertise that a public hearing will be held to consider the petition. Advertisement in a newspaper of general circulation in the area shall be done once a week for two consecutive weeks, with the first advertisement at least two weeks prior to the date stated therein for the hearing. Additionally, the city shall notify adjacent property owners by mail two weeks prior to the hearing. Notice shall also be posted in a conspicuous place at the city hall.

(LDC 1997, ch. 5, § 1.08; Ord. No. 2003-07, § 1, 10-14-2003; Ord. No. 2004-03, § 3, 1-27-2004; Ord. No. 2006-17, § 11—14, 4-25-2006; Ord. No. 2008-35, § 10, 11-7-2008)

                    
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