12/18/1962 - Laserfiche WebLink

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U 1. 08 The Chairman read the foregoing notice and asked if anyone present wished to be heard. Attorney L.B. Vocelle, representing Mrs. Bradley' presented a sketch for plans for a new walkway, if the old walkway is abandoned. Mr. Bill Robinson read the following objections to the abandon - ment. Statement of W. B. Robinson - 12/18/62 Gentlemen: My remarks are directed to two, and only two points. FIRST POINT I respectfully submit that this Board has no jurisdiction to entertain this Petition, because this Petition seeks to confiscate an interest in real estate, vested by a recorded instrument, which the Petitioner transferred to me, my assigns and grantees, for a valid consideration. I will present documentary evidence supporting this claim at the conclusion of my re- marks. Such evidence consists of: (a) Copy of the relevant section, Bonita Beach Plat, as recorded; (b) A Deed of Easement, recorded in Indian River County Deed Book 106, p. 150 from Petitioner to Mrs. Robinson and myself, referring to said plat and granting us, our heirs, executors, administrators, grantees and assigns the right - and I quote - "to come and go at will from the North 165' or any portion or portions thereof to the Atlantic Ocean over Cavalla Road, the 25' strip at the East and of Cavalla Road and that cer- ten foot walkway running from said 25' strip to the Atlantic Ocean, all as shown on the Plat of Bonita Beach". Unquote. (c) Two letters of Tudge D. C. Smith, who represented me at the closing of my purchase of one-half of Bonita Beach, and who wrote on February 16, 1956 that he would deliver my check against delivery of (1) deed for one-half of Bonita Beach subdivision, and (2) grant from this Petitioner to me of an easement to us and our assigns and grantees over that certin 10'x, shown on 'the Plat. -These documents to gather clearly indicate: 1: That the Robinson and their grantees have a recorded vested, easement in the strip which In the subject matter of this Peition. This Is a property right in real estate. It is not, as this Petition would imply, a license arising by implication iron the tact that the Plat shows a walk- we alk- w X. it is not a right which can be taken away by the act of a governmental body, except of course in an eminent domain proceeding, and this is not an *misers domain proceeding, 2: That this v"ted easement was obtained for a legal consideration at the time the Petitioner, acting as a broker, sold us our fee property in . t ch D= Bea. Judge Snaith would not have cleared the title and closed the transaction without trier, as his letters prove. 044 b*Wq tate tants,, this Board, I respectfully submit, has no jurisdiction to 60e2tsin this Rdtift. To do so would ma lni it an accessory to -a breach by thO ROAUfter of bar ecaftat granting this easement, and would condemn P*Vlkt* Weperty (my seeorded easemak) for private purposes.