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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 />