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9/1/1982
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9/1/1982
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7/23/2015 11:49:39 AM
Creation date
6/11/2015 2:26:48 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
09/01/1982
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PARK PARCELS DEDICATED ON THE PLATS OF ORCHID ISLAND <br />The Board next reviewed the following memorandum <br />dated August 10, 1982: <br />TO: DATE: FILE: <br />Board of County August 10, 1982 <br />Commissioners of <br />Indian River County <br />SUBJECT: Park Parcels Dedicated on the <br />Plats of Orchid Island. <br />FROM: Gary M. Branden� REFERENCES: <br />County Attorney <br />This office has been requested to review the plats of Orchid Island <br />Units 1 and 2 to determine whether the parcels indicated on the <br />plats as parks are public property. Orchid Island Unit l has one <br />park parcel denoted, and Unit 2 contains two parcels. The language <br />on the plat clearly dedicates the parcels to the public and reads <br />as follows; <br />"CERTIFICATE OF DEDICATION" <br />This is to certify that the lands as shown on this plat <br />are the property of Orchid Island Development Company, a <br />corporation of the State of Florida and it hereby dedicates to <br />the public forever all streets, alleys and parks as shown <br />thereon." <br />There seems to be some confusion as to whether the County ever <br />formally accepted the parcels by adoption of a written resolution. <br />It can be argued that this confusion coupled with an Attorney <br />General Opinion which indicates dedications of property to the <br />public by a developer may be withdrawn at any time prior to <br />acceptance by the County, raises a question of ownership of the <br />parcels. The adoption of the attached resolution will remove this <br />- -question and s-ettle the title in the County. The County will then <br />be in a position to use, leave as is or dispose of the property <br />according to law. <br />RECOMMENDATION <br />1. Adopt the attached resolution settling title of the park <br />parcels in the County and authorize the County Attorney to <br />record a copy of the resolution in the Official Records of <br />Indian River County and <br />2. Request the Planning & Zoning Department to review all known <br />recorded plats in Indian River County to determine if any other <br />park parcels such as the ones in question in this memorandum <br />exist. <br />,r <br />1'.f7i7 <br />0 <br />
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