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HomeMy WebLinkAbout2011-035RESOLUTION NO. 2011 - 035 2136524 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2495 PG:429, Pagel of 2 05/04/2011 at 09:30 AM, JEFFREY K BARTON, CLERK OF COURT A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CORRECTING RIGHT OF WAY CONVEYANCES ALONG 37TH STREET BETWEEN 58TH AND 66TH AVENUES, WHEREAS, prior to 2006 37th Street between 58th and 66th Avenues existed as a dirt road; and WHEREAS, Vero Villages, LLC and the County entered into a Developer Agreement dated June 13, 2006 that provided for paving, drainage, and utility improvements to be made along 37th Street; and WHEREAS, the property owners along the north side of 37th Street conveyed right-of-way and utility easements to the County in anticipation of the roadway improvements; and WHEREAS, the roadway, drainage and utility improvements have been completed and accepted by the County; and WHEREAS, it has come to the attention of the County that in at least two instances, the legal descriptions conveying the right-of-way to the County were erroneous in that they conveyed the property owners entire lot instead of the 10 - foot strip of right-of-way and 15 -foot utility easement; and WHEREAS, it was never the intent of the 37th Street property owners to convey their entire property to the County and it was never the intent of the County to accept the erroneous conveyances; and WHEREAS, this Resolution is being recorded in the public records so that future title searches will discover the erroneous conveyances and have them corrected, NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Chairman of the Board of County Commissioners of Indian River County is hereby authorized to execute a corrective deed to any of the land owners along the north side of 37th Street between 58th and 66th Avenues who had erroneously conveyed the incorrect amount of property to the County. RESOLUTION NO. 2011 = 035 2. The Board of County Commissioners finds that it was never the intent of the land owners to convey their entire property to the County. 3. The County never intended to accept the conveyance of the 37th Street property owner's entire property. 4. This Resolution shall be recorded in the public records of Indian River County in order to call attention to this error and its remedy. This resolution was moved for adoption by Commissioner Davis and the motion was seconded by Commissioner Flescher and upon being put to a vote, the vote was as follows: Chairman Bob Solari Aye Vice Chairman Gary C. Wheeler Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of May 2011. Attest: J. K. Barton, Clerk Approved as to form and legal sufficiency: , MiIliam K. DeBraaf Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners p06004 e° \d By G .°°�J•• Bob Solari, Chairman M