7/5/1979 - Laserfiche WebLink

Home Browse Search

June 22, 1979 MEMO TO: BOARD OF COUNTY COMMISSIONERS FROM: GEORGE G. COLLINS, JR. RE:' ENOS SUBDIVISION Dear Commissioners: My research into the Platting Law indicates that a dedication can be withdrawn if such a withdrawal is prior to the acceptance by Indian River County. As you are aware, Mr. Henderson, on behalf of property owners that own part of the land encumbered by the old Enos Subivision has filed a Withdrawal. It would seem to me that if we are to - protect the County's interest or claim to interest in the -Sub- division, the following two things should be done: 1. The County should pass a Resolution accepting the Dedication, and - 2. The Commissioners should instruct the Property Appraiser to delete the streets as shown on the Plat from taxation, taxing on a lot basis rather than a bare acreage basis. If the above two things are done, then at the time a future developer comes in to vacate the Plat the County should have some leverage to negotiate rights-of-way to the Ocean. Sincer y, GEORGE G. COLLINS, JR.- GGC,Jr/ph HE INFORMED THE BOARD THAT THEY HAD VACATED ONLY THE ONE ACRE IN THE NORTHEAST CORNER OF THE PLAT, AND SUBSTANTIAL PROPERTY IS LEFT. COMMISSIONER LYONS ASKED IF THE PLAT WAS.EVER FILED, AND ATTORNEY COLLINS STATED THAT IT WAS FILED OF RECORD IN BREVARD COUNTY AT THE TIME WHEN INDIAN RIVER COUNTY WAS A PART OF BREVARD. COMMISSIONER LYONS ASKED WHY ITEM 2 ISN'T IN EXISTENCE NOW, AND THE ATTORNEY STATED THAT HE COULD NOT ANSWER THAT, BUT IT ISN'T. COMMISSIONER LYONS FELT THERE EITHER HAS BEEN AN ERROR OR AN OVERSIGHT FOR'A NUMBER OF YEARS. DISCUSSION FOLLOWED AS TO LOSS OF REVENUES,•BUT IT WAS FELT IT WOULD NOT BE TOO GREAT. THE ATTORNEY NOTED THAT ACCEPTANCE OF THE DEDICATION COULD INVOLVE A POTENTIAL LITIGATION. 16 JUL 519 BOOK 41 ?AGE 83