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3120200049298 <br />RECORDED IN THE PUBLIC RECORDS OF <br />Prepared by: JEFFREY R SMITH, CLERK OF COURT <br />Office of County Attorney INDIAN RIVER COUNTY FL <br />Indian River County BK: 3331 PG: 855 Page 1 of 2 8/24/2020 10:34 AM <br />1801 271h Street <br />Vero Beach, FL 32960 A TRUE COPY <br />772-226-1425 CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />RELEASE OF EMERGENCY ACCESS RIGHT <br />WHEREAS, on June 8, 2004 a Developer's Agreement was <br />entered into between Indian River County and Newport North Holdings, LLC for <br />North Lakes Subdivision (now known as the VeroLago development) with regard <br />to site access and stormwater management improvements; and <br />WHEREAS, within that Developer's Agreement, paragraph <br />numbered 4 required that the development would include an emergency access <br />off of 58th Avenue, to be located near the southern corner of the site, and that <br />access, together with the 57th Street access was sufficient to allow the <br />development to proceed to full use and occupancy; and it further stated that in <br />the event the bridge over the North Relief Canal is constructed, and the segment <br />of 53rd Street between the southern entrance and 58th Avenue is in service, that <br />the emergency access may be abandoned; and <br />WHEREAS, on October 20, 2005, the plat of VeroLago Phase 1 <br />was recorded in Plat Book 20, Page 17 of the Public Records of Indian River <br />County, Florida wherein Tract C (located between Lots 19 and 20 and abutting <br />the east right-of-way of 58th Avenue) was earmarked as an Access Tract and <br />dedicated in perpetuity to VeroLago Homeowners Association, Inc. for ingress <br />and egress to and from Phase 1 through Phase 5 of the VeroLago development <br />during construction, and was also dedicated for emergency ingress and egress <br />purposes by all public authorities, including but not limited to police, fire, <br />ambulance, Indian River County Mosquito Control District and utility providers, <br />with the perpetual maintenance obligation lying with VeroLago Homeowners <br />Association, Inc.; and <br />WHEREAS, the bridge over the North Relief Canal has been <br />constructed, and the segment of 53rd Street between the southern entrance and <br />58th Avenue is in service, thus affording a second access point into the <br />development, and meeting the requirements for the release and abandonment of <br />the emergency ingress and egress right within Tract C, <br />NOW, THEREFORE, THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA hereby determines <br />that: <br />1. The above "Whereas" clauses are true and correct, and hereby <br />incorporates such clauses as findings of the Board; and <br />2. The dedication of the emergency ingress and egress within Tract C of the <br />plat of VeroLago Phase 1, as recorded in Plat Book 20, Page 16, is no <br />