Laserfiche WebLink
<br />TH <br />11.I.1. 84 AVENUE SOUTH (AKA DAVIS ROAD) – COUNTY <br />MAINTENANCE – GRAVES (INDIAN RIVER FRUIT <br />GROWERS) RIGHT-OF-WAY <br />(CLERK’S NOTE: THIS ITEM WAS ON THE AGENDA FOR THE MARCH 16, 2004 <br />MEETING UNDER ITEM 11.I.1. AND WAS TABLED AT THAT TIME) <br /> Public Works Director Jim Davis reminded the Board that this item was deferred to <br />allow the County Attorney time to examine an old deed recorded on January 29, 1930. The County <br />Attorney has advised that he has examined that deed and it is valid. Jeff Bass of Graves Brothers <br />has advised that he also is in possession of deeds to property overlaying the right-of-way and <br />showing a different description of the existing road and he would like to meet with the County <br />Attorney regarding this matter. Staff is recommending that this issue be considered with the road <br />maintenance study which is being prepared by Carter & Associates. That study will be ready <br />sometime this summer. <br /> Upon questioning by Commissioner Neuberger, County Attorney Will Collins <br />advised that, if there are adverse claims, the County could be in a position to ask the court for a <br />declaratory judgment. <br /> Commissioner Neuberger noted that there is a title policy in the backup material, and <br />County Attorney Collins stated that is only an Ownership and Encumbrance report which is not the <br />same thing as a title policy which guarantees ownership. <br /> County Administrator Baird stated that Mr. Bass needs more time and he was not <br />notified to be at this meeting. <br /> County Attorney Collins noted that there may well be other instruments of record <br />which would need to be examined. <br /> Commissioner Lowther suggested that the County Attorney be given time to meet <br />with Mr. Bass and to examine the public records. <br /> <br />20 <br />APRIL 13, 2004 <br /> <br />