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y <br />RESOLUTION NO. 2014-062 <br />filed, to wit: Mitchell, et al. v. Bradv, et al., Case No. 2006-0759 CA -13, <br />Nineteenth Judicial Circuit, in and for Indian River County, Florida; and <br />WHEREAS, Indian River County was joined as a defendant in the lawsuit <br />by the Plaintiff as the Plaintiff claimed the County may have some remote interest <br />in the road by virtue of the vague dedication language on the Surf Colony Plat; <br />and <br />WHEREAS, in order to resolve this issue, the parties entered into a <br />mediation agreement which, among other things, County agreed to renounce any <br />interest the County may have had with regard to the road and 4400t walkway; <br />and <br />WHEREAS, in the Abandonment Reversion Agreement found in Book <br />2745, Page 1631; Grant of Easements recorded in Book 2745, Page 1650; <br />Roadway Maintenance and Construction Agreement recorded in Book 2745, <br />Page 1677; and the Walkway Maintenance Agreement recorded in Book 2745, <br />Page 1708, Public Records of Indian River County, the County agreed to <br />denounce any interest it may have in the road and walkway in order to be <br />dismissed from the suit and comply with the mediation agreement, <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: <br />1. The above "WHEREAS" clauses are true and correct, and are <br />hereby adopted as findings of the Board. <br />2. The Board hereby formally denounces any interest it has presumed <br />to have held in (1) that certain roadway depicted on the plat of Surf <br />Colony <br />subdivision as Tamrich Road (now known as Sea Turtle Lane), and (2) that <br />certain 4400t walkway depicted along the northern portion of Surf Colony <br />subdivision, as there were no express dedications contained in said plat for these <br />areas, nor has Indian River County ever maintained or improved either said <br />roadway or walkway. <br />3. This resolution shall be recorded in the Public Records of Indian <br />River County, Florida as an inducement to be dropped as a defendant from <br />Mitchell, et al. v. Bradv, et al., Case No. 2006-0759 CA -13, Nineteenth Judicial <br />Circuit, in and for Indian River County, Florida and to comply with that <br />2 <br />