Laserfiche WebLink
19T9179 <br />pp THIS DOCUMENT HAS BEEN <br />RECRESOLUTION NO. 2000' 043 OF INDIAN RIVRDED IN RHCOU14-TY FLErjORDS <br />BK: 2260 PG:2393, Pagel of 2 <br />04/28/2008 at 08:16 AM, <br />JEFFREY K BARTON, CLERK OF COURT <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA, FORMALLY ACCEPTING THE IMPLIED <br />DEDICATION OF A 60 -FOOT STRIP OF LAND IN <br />SECTION 30 SHOWN ON THE FLEMING GRANT <br />PLAT OF 1888 WHICH PREDATES STATUTORY <br />LAWS OF PLATTING SET OUT IN CHAPTER 177, <br />PART 1, FLORIDA STATUTES. <br />WHEREAS, laws relating to the platting of land were not enacted by the <br />Florida Legislature until 1971; and <br />WHEREAS, plats filed of record prior to that date sometimes had no <br />language of express dedication of rights-of-way, streets, alleys and easements to <br />public use; and <br />WHEREAS, by making a sale of platted lots, the owner of a tract <br />manifests an intent to dedicate streets and rights-of-way necessary to access <br />those lots; and <br />WHEREAS, common law dedication requires (1) an intention by the owner <br />to dedicate the property for public use; and (2) an acceptance by the public; and <br />WHEREAS, Judge Scott Kenney rendered a Final Judgment in the case <br />Driver v. Indian River County, in the Nineteenth Judicial Circuit, in and for Indian <br />River County, Florida (Case No. 00-0343 CA19) ruling that there must be clear, <br />satisfactory and unequivocal evidence that the public has accepted such <br />dedications, either formally, or by the improvement, maintenance or use of said <br />streets and rights-of-way, <br />iii <br />