HomeMy WebLinkAbout2014-0623120140040367
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2772 PG: 1821 Page 1 of 3 7/11/2014 11:18 AM
RESOLUTION NO. 2014- 062
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, FORMALLY DENOUNCING ANY
INTEREST IT PRESUMES TO HAVE IN (1) A
CERTAIN ROADWAY PLATTED IN 1953 AS
TAMRICH ROAD, NOW KNOWN AS SEA TURTLE
LANE, AND (2) A CERTAIN 4 -FOOT WALKWAY,
BOTH WITHIN THE PLAT OF SURF COLONY AS
RECORDED IN PLAT BOOK 3, PAGE 37 OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
WHEREAS, in 1953 a tract of land located within Government Lot 4, lying
between Highway A -1-A and the Atlantic Ocean, in Section 27, Township 33
South, Range 40 East in Indian River County was platted as Surf Colony and
recorded on February 24, 1953 in Plat Book 3, Page 37 of the Public Records of
Indian River County, Florida; and
WHEREAS, within that platted subdivision a roadway was depicted and
named "Tamrich Road" (now known as Sea Turtle Lane), along with a 44
00t
walkway along the northern portion of the subdivision; and
WHEREAS, the owners dedicated "said plat and streets thereon as
described therein" but there was no express dedication nor acceptance, nor was
there any express dedication with regard to the 4400t walkway, despite a plat
note referencing a public utility easement; and
WHEREAS, part
or all of the road consists of shell and marl, and neither
the road nor the walkway has ever been maintained or improved by Indian River
County; and
WHEREAS, laws relating to the platting of land were not enacted by the
Florida Legislature until 1971; Cl"
WHEREAS, a boundary dispute arose between the lot owners of the Surf
Colony Subdivision and their neighbor to the north resulting in a lawsuit being
1
RESOLUTION NO. 2014-062
filed, to wit: Mitchell, et al. v. Brady, et al., Case No. 2006-0759 CA -13,
Nineteenth Judicial Circuit, in and for Indian River County, Florida; and
WHEREAS, Indian River County was joined as a defendant in the lawsuit
by the Plaintiff as the Plaintiff claimed the County may have some remote interest
in the road by virtue of the vague dedication language on the Surf Colony Plat;
and
WHEREAS, in order to resolve this issue, the parties entered into a
mediation agreement which, among other things, County agreed to renounce any
interest the County may have had with regard to the road and 4400t walkway;
and
WHEREAS, in the Abandonment Reversion Agreement found in Book
2745, Page 1631; Grant of Easements recorded in Book 2745, Page 1650;
Roadway Maintenance and Construction Agreement recorded in Book 2745,
Page 1677; and the Walkway Maintenance Agreement recorded in Book 2745,
Page 1708, Public Records of Indian River County, the County agreed to
denounce any interest it may have in the road and walkway in order to be
dismissed from the suit and comply with the mediation agreement,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The above "WHEREAS" clauses are true and correct, and are
hereby adopted as findings of the Board.
2. The Board hereby formally denounces any interest it has presumed
to have held in (1) that certain roadway depicted on the plat of Surf
Colony
subdivision as Tamrich Road (now known as Sea Turtle Lane), and (2) that
certain 4400t walkway depicted along the northern portion of Surf Colony
subdivision, as there were no express dedications contained in said plat for these
areas, nor has Indian River County ever maintained or improved either said
roadway or walkway.
3. This resolution shall be recorded in the Public Records of Indian
River County, Florida as an inducement to be dropped as a defendant from
Mitchell, et al. v. Brady, et al., Case No. 2006-0759 CA -13, Nineteenth Judicial
Circuit, in and for Indian River County, Florida and to comply with that
2
RESOLUTION NO. 2014m 062
Abandonment Reversion Agreement found in Book 2745, Page 1631; Grant of
Easements recorded in Book 2745, Page 1650; Roadway Maintenance and
Construction Agreement recorded in Book 2745, Page 1677; and the Walkway
Maintenance Agreement recorded in Book 2745, Page 1708, Public Records of
Indian River County.
The resolution was moved for adoption by Commissioner �lesc�e,�and
the motion was seconded by Commissioner Solari ,and, upon being put to a
vote, the vote was as follows:
Chairman Peter D. O'Bryan Aye
Vice Chairman Wesley S. Davis 'Absent
Commissioner Joseph E. Flescher Ave
Commissioner Tim Zorc Ave
Commissioner Bob Solari Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 8th day of July, 2014.
BOARD OF COUNTY COMMISSIONERS
•y`�OA1M1
INDIAN RIVER COUNTY, FLORIDA
By.
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
By:
Deputy Clerk
APPROVED AS TO r=OR�
JA 3
BY __
WILLIAM K. DESRAAL
DEPUTY COUNTY ATTORNEY
3
r D. O'Bryan, Chairma
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