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5/1/1990
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5/1/1990
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
05/01/1990
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MAY 11990 <br />600K �� Pr1UF <br />owner of a lot in Sun Acres Subdivision, in an attempt to <br />clear up questions of title and the buildability of Mr. <br />Hudgins' lot. (See attached letter from David Albrecht, <br />Esq., dated April 2, 1990.) <br />There is currently a cloud on Mr. Hudgins' title because <br />property which is being used as his driveway and for access <br />to 11th Place is shown in various public records as a public <br />road. This has come about because the original developer of <br />the Sun Acres Subdivision, Frank Zorc, quit -claimed the road <br />to "the public" in 1965. A deed to "the public" is <br />ineffective to pass title because there is no person capable <br />of accepting the grant. (For example, a quit -claim to the <br />Board of County Commissioners of Indian River County would <br />have been adequate.) The situation was further clouded when <br />a replat of the Sun Acres Subdivision attempted to dedicate <br />the same property as a private road. The problem is the <br />road was not within the boundaries of the plat and <br />dedication of property outside the boundaries of the plat <br />cannot be accomplished by means of a plat. <br />The County has never accepted the "road" in question. .The <br />end result of these prior actions is that it has been very <br />difficult for Mr. Hudgins to establish his rights to use the <br />"road" for access to his lot as a driveway. It is desirable <br />for Mr. Hudgins to use this land as his driveway as his only <br />alternative access would be to culvert over a large ditch <br />and access onto 12th Street, a road of higher functional <br />classification than 11th Place. <br />The County Commissioners are authorized to, by -motion, adopt <br />a resolution after a public hearing, renouncing and <br />disclaiming any right of the County and the public in and to <br />any land shown as an existing public or private street, <br />alleyway, road or highway or other place used for travel. <br />The Board authorized advertisement for public hearing on May <br />1, 1990 to consider this matter by Resolution No. 90-43 <br />dated April 3, 1990. We have proof of publication. <br />RECOMMENDATION <br />1. Hold the public hearing as advertised. <br />2. Renounce and disclaim any right of the County and the <br />public in and to the land described in Resolution No. <br />90-43 which is also shown adjacent to the plat of Sun <br />Acres Addition No. 1 at Plat Book 6, Page 57, Public <br />Records of Indian River County; and as shown on amended <br />plat of Lot 14, Sun Acres Addition as recorded at Plat <br />Book 6, Page 661, Public Records of Indian River <br />County; and as described as quit claimed to the public <br />by deed recorded at 0. R. Book 219, Page 162, Public <br />Records of Indian River County. <br />3. Authorize the Chairman to execute the attached <br />resolution disclaiming the interest of the County and <br />the public in the described land. <br />4. Authorize the resolution to be adopted and entered on <br />the minutes of the Commission. <br />5. Authorize the publication of the resolution one time <br />within 30 days following its adoption in a newspaper of <br />general circulation published in the County. <br />6. Authorize recording in the deed records of the County <br />of the proof of publication of the notice of public <br />hearing, the resolution as adopted, and the proof of <br />publication of the Notice of the adoption of such <br />resolution. <br />32 <br />
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