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Home My WebLink About1988-290 5/3/88(LEGAL)wgcord(s/p)WGC/jl ORDINANCE NO, 88-29 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, MAKING ADDITIONS, DELETIONS AND AMENDMENTS TO SECTION 7 OF THE SUBDIVISION AND PLATTING ORDINANCE OF INDIAN RIVER COUNTY RELATING TO LETTERING SIZE FOR FINAL PLATS; AND REQUIRED LANGUAGE FOR PLAT CERTIFICATES OF DEDICATION: PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes 177.051 requires the name of a,subdivision to be shown.in.the dedication and to coincide .exactly with a subdivision names and WHEREAS, Florida Statute 177 was amended effective October 1, 1987 to require that all platted utility easements shall provide that such easements shall also be easements for the construction, installation, maintenance and operation of cable television services; and WHEREAS, final plats when recorded serve the function of providing public notice as to the use and dedication of said platted land and WHEREAS, said public notice function is compromised when photographic reproductions are of such a scale that the lettering on said plats are unreadable, NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY: SECTION 1. Section 7(f)(4), Subdivision and Platting Ordinance of Indian River County, Florida, is amended to add the following language and shall read: Section 7(f)(4). Size [and format] of drawings. The final plat shall be. a. Prepared by a land surveyor registered and licensed in the State of Florida. b. On sheets twenty-four (24) inches by thirty-six (36) inches, with a one-half inch margin on three (3) sides and a three-inch margin on the left side for binding. CODING: Words in it��i�(�F/iLlfi OOtIfi type are deletions from N — existing laws underlined are additions. 1 C. To a scale not smaller than one inch represents one hundred (100) feet. For subdivisions exceeding one hundred (100) acres, the scale may be as small as one inch represents two hundred (200) feet or as approved by the community development director. d. Clearly drawn or printed with permanent black drawing ink. e. On linen tracing cloth or stable base film a minimum of 0.003 inches thick coated upon completion with plastic material or a. nonadhered scaled print on a stable base film made by photographic processes to assure permanency. f. Printed with lettering no smaller than 1/8", with a commensurate letter -line width. SECTION 2. Section 7(f)(7)a., Subdivision and Platting Ordinance of Indian River County, Florida, is amended to read. Section 7(f)(7)a. Dedications. The purpose of all reserved areas shown or referred to on the plat and of the improvements shall be defined in the dedication. All areas reserved for use by the residents of the subdivision and all areas or facilities intended for public use, shall be specifically dedicated by the owner of the land at the time the plat is recorded. All streets, rights-of-way, easements, recreation facilities, storm water management tracts and their related facilities designed to serve more than one property owner shall be dedicated to the public use, or to a property owners' association for private use. Where private dedications are involved, ownership and maintenance association documents shall be submitted with the final plat. The dedication shall clearly dedicate the private facilities to the association without recourse to the county or any other public agency. All dedicated areas shall be identified as tracts unless all such areas are dedicated to one entity and clearly identifiable. All CODING: Words in AfrVICk/throvign type are deletions from existing law; underlined are additions. dedications shall be in the following form or as approved by the county attorney. CERTIFICATE OF DEDICATION (Corporate) KNOW ALL MEN BY THESE. PRESENTS, that (exact corporate name), a (state) corporation, fee simple owner of the land described and platted herein as (exact name of subdivision), being in e1ndian River County, Florida, have caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows: (Individual) KNOW ALL MEN BY THESE PRESENTS, that fee simple owner of the land described and platted herein as (exact name of subdivision), being in Indian River County, has caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows: (SELECT AS APPROPRIATE): 1. Streets and right-of-ways: (for public streets) All streets and rights-of-way shown on this plat (name specifically if less than all) are hereby dedicated in perpetuity to Indian River County, Florida, for the use and benefit of the public for proper purposes. (For private Streets) All streets and rights-of-way shown on this plat (name specifically if less than all) are hereby declared to be and shall remain private. They are dedicated, for the use and benefit of the owners and residents of this subdivision, and shall be the perpetual maintenance obligation of the (state exact legal name of maintenance entity). All public authorities, including but not limited to police, fire and ambulance, shall have the right to use the streets in the course of performing their respective duties. The Board of County Commissioners of Indian River County, Florida, shall CO_DING_: Words in $irlIKIK/forowglfi type are deletions from existing law; underlined are additions. have no responsibility; duty or liability whatsoever regarding such streets. 2. Utility easements: .The utility. .easements as shown are dedicated in perpetuity for the construction, installation,d�� maintenance and operation of utilities by any utility provider, including cable—television services, in compliance ------- ------------------- with such ordinances and regulations as may be adopted from time to time by the Board of County Commissioners of Indian River County, Florida. 3. Drainage and storm water management easements: The drainage easements and storm water management tracts or easements as shown are dedicated in perpetuity for construction and maintenance of drainage facilities and shall be the perpetual maintenance obligation of the (give exact name of maintenance entity). 4. Park and recreation areas: The park and recreation areas as shown are dedicated in perpetuity for the (exclusive use and enjoyment of the owners of lots in this subdivision) (Use and enjoyment of the public) and shall be the perpetual maintenance obligation of (give exact name of maintenance entity, if private) (Indian River County, Florida.) 5. Limited access easements: The limited access easements as shown are dedicated in perpetuity to the Board of County Commissioners of Indian River County, Florida for the purposes of control and jurisdiction over access rights. (ADD APPROPRIATE CONCLUSION). (Corporate) IN WITNESS WHEREOF, the above named corporation has - caused these presents to be signed by its and attested by its -------------------- and its corporate seal to be affixed hereto by and •with the authority of its board of directors CODING. Words in strO lk10roogm type are deletions from ---- existing law; underlined are additions. this day of _— 19 (FULL CORPORATE NAME), a corporation of the State of By: (Signature of president) Type Name and Title of Officer Attest...(Signature of attesting corporate officer) Type Name and Title of Officer (Individual) IN WITNESS WHEREOF, (1) (we), (name(s)), have hereunto set (my) (our) hand(s) and seal(s) this day of 19 PiTlr02hT.Y.93.`3a (signature) (Typed name) (ADD ACKNOWLEDGEMENT OF THOSE EXECUTING THE DEDICATION) SECTION 3. Conflicting Provisions. Special acts of the Florida legislature applicable only to unincorporated areas of Indian River County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. SECTION 4. Severability. If any section, or if any sentence, paragraph, phrase, or work of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall CODING* Words in��[k/ftfi��ddffi type are deletions from existing law, underlined are additions. 5 not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION -5. Incorporation in Code. --------------------- This ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION -6. Effective Date. This ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 16th day of August, 1988. This ordinance was advertised in the Vero Beach Press -Journal on the 6th day of July, 1988, for a public hearing to be held on the 21st day of July, 1988, at which time it was tabled to August 9, 1988 and again to August 16, 1988 when it was moved for adoption by Commissioner Eggert, seconded by Commissioner Wheeler, and adopted by the following vote. Chairman Don C. Scurlock, Jr. AYE Vice Chairman Gary C. Wheeler AYE Commissioner Richard N. Bird AYE Commissioner Margaret C. Bowman AYE Commissioner Carolyn K. Eggert AYE CODING: Words in WU(k110rovigm type are deletions from existing law; underlined are additions. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA s %' BY Don C. Scur4 ocIF , f Chairman ;a' •` Attest ByIF Freda r�Fl^ 't C I k ;.- V 1. K � • / r1 ` G Acknowledgment by the Department of State the State of Florida, this 25th day of August 1988. ---------- ------------------ — Acknowledgment from the Department of State received on this 29th day of August 1988, at 10:00 a.m./p.m. and Commissioners of Indian River County, Florida. C_O_DINGWords in skrVJCK/throvidin type are deletions from existing law, underlined are additions. 7 I_t ;'j (S f:'l •i1 D Lk C_O_DINGWords in skrVJCK/throvidin type are deletions from existing law, underlined are additions. 7