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ATTORNEY STEVE HENDERSON CAME BEFORE THE BOARD REPRESENTING <br />MR. & MRS. DALES, WHO OWN AN OCEANFRONT ACRE OF LAND IN A SUBDIVIDED <br />PARCEL CALLED ENOS, WHICH WAS FILED IN BREVARD COUNTY IN THE 1850'S. <br />HE NOTED THAT THE BOARD HAD REQUESTED THAT HE GO BACK AND GET SURVEYS <br />OF THE PROPERTY OVERLAID WITH THE PLAT LINES TO SEE HOW THE PLAT WAS <br />AFFECTING CURRENT PROPERTY, AND THAT HAS BEEN DONE. ATTORNEY HENDERSON <br />FELT IT MIGHT BEAR REPEATING THAT HE CAN FIND NOTHING OF PUBLIC RECORD <br />TO INDICATE THAT THIS PLAT AND DEDICATIONS HAVE EVER.BEEN ACCEPTED BY <br />ANY GOVERNMENTAL AUTHORITY. HE CONTINUED THAT THE -SURVEYOR LINES ARE <br />NECESSARILY AN ESTIMATE BECAUSE THEY MUST ESTIMATE EROSION FROM 1889, <br />THEY BELIEVE THAT THE 100' RIGHT-OF-WAY IS NOW LOCATED JUST A FEW FEET <br />FROM THE HIGH WATER LINE OR WITHIN 100' OF THE COASTAL CONSTRUCTION SET- <br />BACK LINE, WHICH WOULD MAKE IT UNUSABLE FOR ROAD PURPOSES. THIS IS THE <br />RIGHT-OF-WAY RUNNING ALONG THE OCEAN, AND THE ONLY OTHER RIGHT-OF-WAY <br />AFFECTED IS NORTH AVENUE WHICH IS SHOWN ON THE PLAT AS PART FOLIAGE <br />AND PART PAVED. THE DALES' PROPERTY IS LOCATED IN THE UPPER NORTHWEST <br />CORNER, AND THEY HAVE JOINED DEERFIELD GROVES, WHO OWNS THE LAND LYING <br />EAST OF THE BLUFF j.INE, AS A CO -PETITIONER. ATTORNEY HENDERSON STATED <br />THAT THE PETITIONER ALSO OWNS A 15' STRIP OF LAND RUNNING OCEAN TO <br />RIVER ALONG THE NORTH BOUNDARY OF GOVERNMENT LOTS 1 AND 2, AND THEY ARE <br />ALSO SEEKING AN ABANDONMENT OF THAT STRIP. <br />ATTORNEY COLLINS INFORMED THE BOARD THAT HIS FIRM HAS DONE <br />SOME RESEARCH, AND HE CANNOT FIND, AT THIS POINT, WHERE ANY GOVERNMENTAL <br />BODY FORMALLY TOOK ACTION ON THIS PLAT; IT DOES NOT APPEAR OF RECORD. <br />HE CONTINUED THAT TWO THINGS THE COURTS HAVE INTERPRETED AS ACCEPTANCE <br />IS THE SALE OF LOTS IN AN ACTUAL DEVELOPMENT IN A PLAT AND USE OF ROADS <br />WOULD BE ANOTHER. THE MOST IMPORTANT -THING, IN HIS OPINION, IS THAT <br />THE COURTS HAVE ESTOPPED GOVERNMENTAL BODIES FROM CLAIMING ACCEPTANCE <br />WHEN THE GOVERNMENTAL BODIES HAVE BEEN TAXING THE PROPERTY AS A WHOLE <br />AND HAVE NOT SUBTRACTED FROM TAXABLE LAND, THE ROADS, PARKS OR OTHER <br />DEDICATED LANDS. ATTORNEY COLLINS INFORMED THE BOARD THAT FOR MANY <br />YEARS THESE TRACTS HAVE ALL BEEN TAXED ON THE ASSESSOR'S'MAPS AS A <br />WHOLE TRACT. ATTORNEY COLLINS FELT THIS POINT IS CRITICAL SINCE IT <br />39 <br />JUN. 61979 BOOK 40 PAGE 414 <br />