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Z G. RESOLUTION 2000-087DESIGNATING A PORTION OF 128TH COURT <br />RIGHT-OF-WAYBETWEENBAYSTREET AND THE ST. SEBASTIANRIVER <br />AS "LIMITED USE RIGHT-OF-WAY" - JosEPHAND BEVERLYDRIVER <br />The Board reviewed a Memorandum of August 15, 2000: <br />"Board Certified, City, Courcy& LaW Govw== Law Paul G. Baagel, Co=yA=rnL7- <br />William G. Corns II, Delnuy County Attorney - <br />MEMORANDUM <br />TO: The Board of County Commissioners <br />FROM:i William G. Collins II —Deputy County Attorney <br />DATE: August 15, 2000 <br />SUBJECT: Resolution Designating a Portion of 128th Court Right -Of - <br />Way Between Bay Street and the St. Sebastian River as <br />"Limited Use Right -Of -Way" <br />On August 1, 2000 the Board of County Commissioners held a duly noticed <br />public hearing to consider abandoning that portion of 128th Court lying between <br />Bay Street and the St. Sebastian River on the application of Joseph and Beverly <br />Driver. At that meeting the Board determined that it would be in the best interest <br />of the public to retain the right-of-way for the limited use purposes of pedestrian <br />access, drainage and utility uses. <br />The only persons known at this time to utilize 128th Court are Joe and Beverly <br />Driver who utilize the south portion of the right-of-way as driveway access to their <br />house. Their only other potential driveway access off Bay Street is blocked by a <br />large oak tree which they do not wish to cut down. <br />Since the Drivers bought their property by reference to a plat which showed <br />128th Court as a public right-of-way, and since they in fact have used it as a <br />driveway, they have an implied easement which would be upheld in a court of <br />law to continued use of a portion of that right-of-way as their driveway. Due to <br />that fact, the resolution accompanying this agenda item has been styled to <br />AUGUST 22, 2000 BK 0 I 4 PG 646 <br />-2a <br />