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Last modified
8/23/2017 10:57:47 AM
Creation date
10/5/2015 1:21:55 PM
Metadata
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Template:
Resolutions
Resolution Number
2000-150
Approved Date
12/12/2000
Resolution Type
Easement
Entity Name
Common Law Dedication
Subject
Dedication Streets, Alleys Easements
Area
Townsite of Roseland, Wauregan, S/D 1&2 , Ambersand Beach, A.A. Berry
Supplemental fields
SmeadsoftID
14129
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RESOLUTION NO. 2000- 5o <br />IN THE RECORDS OF <br />JEFFREY K. BARTON <br />CLERK CIRCUIT COURT <br />INDIAN RIVER CO., FLA. <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA, FORMALLY ACCEPTING THE <br />DEDICATION OF STREETS, ALLEYS AND <br />EASEMENTS SHOWN ON CERTAIN PLATS <br />WHICH PREDATE STATUTORY LAWS OF <br />PLATTING SET OUT IN CHAPTER 177, PART 1, <br />FLORIDA STATUTES. <br />WHEREAS, laws relating to the platting of land were not enacted by the <br />Florida Legislature until 1971; and <br />WHEREAS, plats filed of record prior to that date sometimes had no <br />language of express dedication of rights-of-way, streets, alleys and easements to <br />public use; and <br />WHEREAS, by making a sale of platted Tots, the owner of a tract <br />manifests an intent to dedicate streets and rights-of-way necessary to access <br />those lots; and <br />WHEREAS, common law dedication requires (1) an intention by the <br />owner to dedicate the property for public use; and (2) an acceptance by the <br />public; and <br />WHEREAS, Judge Scott Kenney rendered a Final Judgment in the case <br />Driver v. Indian River County, in the Nineteenth Judicial Circuit, in and for Indian <br />River County, Florida (Case No. 00-0343 CA19) ruling that there must be clear, <br />satisfactory and unequivocal evidence that the public has accepted such <br />dedications, either formally, or by the improvement, maintenance or use of said <br />streets and rights-of-way, <br />1 <br />
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