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JAN 141981 <br />64604 <br />-45 <br />BEFORE THE BOARD OF COUNTY COMMISSIONERS <br />IN AND FOR INDIAN RIVER COUNTY <br />TO: The Board of County Commissioners <br />P E T I T I O N <br />PETITION FOR THE AMENDMENT AND COP,RECTION OF THAT CERTAIN "MAINTENANCE <br />IIAP" RECORDED IN PLAT BOOK 9, PAGE 12, OF THE PUBLIC RECORDS OF INDIAN <br />i I"JER COUN'T'Y <br />CONIES NOW the r,etitiorers, DOROTHY B. BROG^IN, LEROY T. <br />TELKX,iP, Jk.',IES T. HOLMES through his undersigned attorney and W. E. <br />RODDENBERRY who allege: <br />1. That they are all of the owners of certain real property <br />which abutts or utilizes a private driveway which is an extension of <br />a curtain road known as 67th Street or Quay Dock Road, located in <br />Government Lot 3, Section 11, Township 32 South, Range 39 East. <br />2. That on or about April 24, 1975 a certain survey of the <br />road was made for the County which appears to be erroneous. The <br />pertinent portion of the survey attached hereto as Exhibit "A" is <br />erroneous and inconsistent in that the survey shows the driveway as <br />a 50 foot right of way extending to the shore of the Indian River <br />when in fact no right of way has ever been deeded or otherwise <br />dedicated to the Courity in Government Lot 3. <br />3. That on or about June 5, 1975 the County recorded a <br />"maintenance map" at Plat Book 9, page 12 of the Public Records of <br />Indian River County, which, incidently, was the first "maintenance <br />map" ever recorded in the County, the pertinent portion of which is <br />attached hereto as Exhibit "B" wherein the error was perpetuated <br />and further compounded in that: <br />(a) The County incorrectly claimed ownership <br />of the "right of way" because it claimed to <br />have constructed and maintained a 50 foot wide <br />road extending from the Western line of <br />Government Lot 3 to the shore of the river. <br />(b) The County had neither constructed a road <br />nor continuously and uniterruptedly maintained <br />a road for four years prior to the recording of <br />