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2014-062
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Last modified
3/16/2018 4:20:40 PM
Creation date
9/30/2015 6:14:14 PM
Metadata
Fields
Template:
Resolutions
Resolution Number
2014-062
Approved Date
07/08/2014
Agenda Item Number
13.A.
Resolution Type
Roadways
Entity Name
Mitchell vs Brady and Indian River County
Surf Colony
Subject
Lawsuit Sea Turtle Lane Platted as Tamrich Road now Sea Turtle Lane
Area
Plat of Surf Colony
Supplemental fields
SmeadsoftID
13433
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3120140040367 <br />RECORDED IN THE PUBLIC RECORDS OF <br />JEFFREY R SMITH, CLERK OF COURT <br />INDIAN RIVER COUNTY FL <br />BK: 2772 PG: 1821 Page 1 of 3 7/11/2014 11:18 AM <br />RESOLUTION NO. 2014- 062 <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA, FORMALLY DENOUNCING ANY <br />INTEREST IT PRESUMES TO HAVE IN (1) A <br />CERTAIN ROADWAY PLATTED IN 1953 AS <br />TAMRICH ROAD, NOW KNOWN AS SEA TURTLE <br />LANE, AND (2) A CERTAIN 4 -FOOT WALKWAY, <br />BOTH WITHIN THE PLAT OF SURF COLONY AS <br />RECORDED IN PLAT BOOK 3, PAGE 37 OF THE <br />PUBLIC RECORDS OF INDIAN RIVER COUNTY, <br />FLORIDA. <br />WHEREAS, in 1953 a tract of land located within Government Lot 4, lying <br />between Highway A -1-A and the Atlantic Ocean, in Section 27, Township 33 <br />South, Range 40 East in Indian River County was platted as Surf Colony and <br />recorded on February 24, 1953 in Plat Book 3, Page 37 of the Public Records of <br />Indian River County, Florida; and <br />WHEREAS, within that platted subdivision a roadway was depicted and <br />named "Tamrich Road" (now known as Sea Turtle Lane), along with a 44 <br />00t <br />walkway along the northern portion of the subdivision; and <br />WHEREAS, the owners dedicated "said plat and streets thereon as <br />described therein" but there was no express dedication nor acceptance, nor was <br />there any express dedication with regard to the 4400t walkway, despite a plat <br />note referencing a public utility easement; and <br />WHEREAS, part <br />or all of the road consists of shell and marl, and neither <br />the road nor the walkway has ever been maintained or improved by Indian River <br />County; and <br />WHEREAS, laws relating to the platting of land were not enacted by the <br />Florida Legislature until 1971; Cl" <br />WHEREAS, a boundary dispute arose between the lot owners of the Surf <br />Colony Subdivision and their neighbor to the north resulting in a lawsuit being <br />1 <br />
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