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Longboat Key Thu Dec 3, 2009 5 years ago

Arvida claims Islandside density rights

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by: Kurt Schultheis Managing Editor

An attorney for Arvida/JMB Partners, the original owner of The Longboat Key Club and Resort’s property, sent a letter to Planning, Zoning and Building Director Monica Simpson that contends Arvida still retains the rights to the remaining density within the Islandside gulf-planned development.

In a letter dated Wednesday, Dec. 3, Morgan Bentley of Sarasota-based Williams, Parker, Harrison, Dietz & Getzen, states the club is free to seek an amendment to the gulf-planned development to place dwelling units on the property for its project — but only with Arvida’s consent.

Arvida said it’s still investigating the issue and wanted to alert town staff of the ownership issue “and potential cloud on the property in advance of the hearing.”

Club officials responded late Thursday evening by denying Arvida’s claim.

In a prepared statement, Key Club Public Relations Manager Katherine Songster wrote:

“Longboat Key Club & Resort just learned that Arvida/JMB Partners has sent a letter that contends that Arvida/JMB Partners still retains rights to the remaining density available in the gulf-planned development. This issue was raised by the Islandside Property Owners Coalition in the recent hearings before the town’s Planning & Zoning Board. The town’s special counsel, Nancy Stroud, found the claims to be without merit, and that the remaining available density belongs to the town to assign, not Arvida/JMB. The club agrees with the Town’s position on the matter.”

Songster’s press release notes the deed the club received from Arvida/JMB had restrictions against further development of the property, but those restrictions expired, at the very latest, on Dec. 31, 1995.

The club’s release states the club will take “appropriate measures to defend its title to the club property against the claims of Arvida/JMB.”

For more information about Arvida’s claim and the Planning and Zoning Board’s Islandside hearing Friday, Dec. 4, check www.yourobserver.com for live updates and pick up a copy of the Dec. 10 edition of The Longboat Observer.

Contact Kurt Schultheis at kschultheis@yourobserver.com.

 

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