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6. <br />RESOLUTION NO. 2000.150 <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, N <br />FLORIDA, FORMALLY ACCEPTING THE X' <br />w <br />DEDICATION OF STREETS, ALLEYS AND <br />r <br />EASEMENTS SHOWN ON CERTAIN PLATS rn <br />WHICH PREDATE STATUTORY LAWS OF cii <br />PLATTING SET OUT IN CHAPTER 177, PART 1, <br />FLORIDA STATUTES. <br />IN THE RECORDS OF <br />JEFFREY K. BARTON <br />CLERK CIRCUIT COURT <br />INDIAN RIVER CO., FLA. <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 lots, 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 />j)river 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 dear, <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 />0 <br />0 <br />0 <br />ni <br />h <br />v <br />73 <br />CO <br />J <br />N <br />c7 <br />0 <br />X' <br />N <br />0 <br />ATTACHMENT 9 <br />150 <br />