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 firstname.lastname@example.org.
Currently 2 Responses
- To Kurt -- re your story about Arvida.
I don't know who Katherine Sangster is -- or what moves Nancy Stroud -- but the deed is very specific. OR 002207 Pages 001323-001337. The non-granting of dwelling units appears on Page 001323 -- and "grantee" "understands.".
Attached to the deed itself is a declaration containing a set of things titled RESTRICTIONS" It has fifteen pages -- 001338-001352. It contains twenty-nine numbered paragraphs. The paragraph numbered 29, on Pages 001351 and 001352 is titled TERMINATION DATE
It reads as follows:
TERMINATION DATE. The covenants and restrictions of this Declaration shall run with the title to the Property, and shall inure to the benefit of and be enforceable in accordance with its terms by Arvida, or its assigns, until December 31, 1995.
These restrictions have no relation to numbers of units that can be built. The number of units that can be built are on the first page of the deed -- and in this case it is NONE.And there is no termination date to the deed!!!!
The operative wording is this :
Grantor is not hereby transferring to Grantee the right to construct any dwelling units upon the above property.
I think this is what the lawyers say: Res ipse loquitur. The thing speaks for itself
- The saddest day for every Longboater was the day Arvida left the island. You could trust their promises, count on their quality and know that every decision they made was for the mutual benefit of their firm and the residents. If they were developing what the Loeb crowd is now pushing it would be an honest straight-forward offering people could trust and probably would have been approved by now. The 500 pound gorilla in the council chambers is very simply that residents rightly don't trust Welley and his cohorts. Sad, but true.
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