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MAY 11990 600K �� Pr1UF owner of a lot in Sun Acres Subdivision, in an attempt to clear up questions of title and the buildability of Mr. Hudgins' lot. (See attached letter from David Albrecht, Esq., dated April 2, 1990.) There is currently a cloud on Mr. Hudgins' title because property which is being used as his driveway and for access to 11th Place is shown in various public records as a public road. This has come about because the original developer of the Sun Acres Subdivision, Frank Zorc, quit -claimed the road to "the public" in 1965. A deed to "the public" is ineffective to pass title because there is no person capable of accepting the grant. (For example, a quit -claim to the Board of County Commissioners of Indian River County would have been adequate.) The situation was further clouded when a replat of the Sun Acres Subdivision attempted to dedicate the same property as a private road. The problem is the road was not within the boundaries of the plat and dedication of property outside the boundaries of the plat cannot be accomplished by means of a plat. The County has never accepted the "road" in question. .The end result of these prior actions is that it has been very difficult for Mr. Hudgins to establish his rights to use the "road" for access to his lot as a driveway. It is desirable for Mr. Hudgins to use this land as his driveway as his only alternative access would be to culvert over a large ditch and access onto 12th Street, a road of higher functional classification than 11th Place. The County Commissioners are authorized to, by -motion, adopt a resolution after a public hearing, renouncing and disclaiming any right of the County and the public in and to any land shown as an existing public or private street, alleyway, road or highway or other place used for travel. The Board authorized advertisement for public hearing on May 1, 1990 to consider this matter by Resolution No. 90-43 dated April 3, 1990. We have proof of publication. RECOMMENDATION 1. Hold the public hearing as advertised. 2. Renounce and disclaim any right of the County and the public in and to the land described in Resolution No. 90-43 which is also shown adjacent to the plat of Sun Acres Addition No. 1 at Plat Book 6, Page 57, Public Records of Indian River County; and as shown on amended plat of Lot 14, Sun Acres Addition as recorded at Plat Book 6, Page 661, Public Records of Indian River County; and as described as quit claimed to the public by deed recorded at 0. R. Book 219, Page 162, Public Records of Indian River County. 3. Authorize the Chairman to execute the attached resolution disclaiming the interest of the County and the public in the described land. 4. Authorize the resolution to be adopted and entered on the minutes of the Commission. 5. Authorize the publication of the resolution one time within 30 days following its adoption in a newspaper of general circulation published in the County. 6. Authorize recording in the deed records of the County of the proof of publication of the notice of public hearing, the resolution as adopted, and the proof of publication of the Notice of the adoption of such resolution. 32