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pp THIS DOCUMENT HAS BEEN
RECRESOLUTION NO. 2000' 043 OF INDIAN RIVRDED IN RHCOU14-TY FLErjORDS
BK: 2260 PG:2393, Pagel of 2
04/28/2008 at 08:16 AM,
JEFFREY K BARTON, CLERK OF COURT
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, FORMALLY ACCEPTING THE IMPLIED
DEDICATION OF A 60 -FOOT STRIP OF LAND IN
SECTION 30 SHOWN ON THE FLEMING GRANT
PLAT OF 1888 WHICH PREDATES STATUTORY
LAWS OF PLATTING SET OUT IN CHAPTER 177,
PART 1, FLORIDA STATUTES.
WHEREAS, laws relating to the platting of land were not enacted by the
Florida Legislature until 1971; and
WHEREAS, plats filed of record prior to that date sometimes had no
language of express dedication of rights-of-way, streets, alleys and easements to
public use; and
WHEREAS, by making a sale of platted lots, the owner of a tract
manifests an intent to dedicate streets and rights-of-way necessary to access
those lots; and
WHEREAS, common law dedication requires (1) an intention by the owner
to dedicate the property for public use; and (2) an acceptance by the public; and
WHEREAS, Judge Scott Kenney rendered a Final Judgment in the case
Driver v. Indian River County, in the Nineteenth Judicial Circuit, in and for Indian
River County, Florida (Case No. 00-0343 CA19) ruling that there must be clear,
satisfactory and unequivocal evidence that the public has accepted such
dedications, either formally, or by the improvement, maintenance or use of said
streets and rights-of-way,
iii
RESOLUTION NO. 2008-043
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the
dedication of a 60 -foot strip of land in Section 30 shown on the Fleming Grant
Plat of 1888, recorded in Brevard County by S. B. Carter, now lying and being in
Indian River County and more particularly described as bounded by Lots 101 11,
121 13 and 14 on the northwest, and by Lots 15, 16, 172 18 and 19 on the
southeast is hereby expressly and formally accepted.
The resolution was moved for adoption by Commissioner Wheeler , and
the motion was seconded by Commissioner Davis , and, upon being put to a
vote, the vote was as follows:
Chairman Sandra L. Bowden Aye
Vire Chairman Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 22nd day of April, 2008,
ATTEST: Jeffrey K. Barton, Clerk
By: - �Cy� t�
Deputy Clerk
BOARD OF COUNTY COMMI
INDIAN RIVER COUNTY,FILI'
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WILLIAM G. COLLINS IIIJ
.COUNTY ATTORNEY