HomeMy WebLinkAbout2012-018RESOLUTION NO. 2012- Dib
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, FORMALLY ACCEPTING THE
DEDICATION OF THE 15 -FOOT UTILITY
EASEMENT ALONG EACH SIDE OF THE 30 -FOOT
PRIVATE ROAD (24TH AVENUE) AS DEPICTED ON
THE PLAT OF SHADY ACRES SUBDIVISION,
RECORDED IN PLAT BOOK 8, PAGE 90 OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA FOR THE PURPOSE OF CREATING A
SPECIAL WATER ASSESSMENT.
WHEREAS, Shady Acres Subdivision was platted in 1974 consisting of six
lots within the Urban Service Boundary near 101h Street and 24t" Avenue in
Indian River County. A copy of the plat is attached to this resolution and
incorporated by reference herein; and
WHEREAS, the plat of Shady Acres Subdivision dedicates the 30 -foot
wide private road and all easements to the property owners of the subdivision
and not to the public, until such time the County Commission accepts the road
and easements; and
WHEREAS, 83% of the property owners within Shady Acres Subdivision
have petitioned Indian River County to create a special water assessment to
install County water to the lots within the subdivision; and
WHEREAS, in order to provide water to the Shady Acres Subdivision
residents, utility easements must be dedicated to/or accepted by the County; and
,•. ,r.. r r :r r .t • i i t r
ounty Attorney'sOffice
1801 27th Street
Vero Reach, Florida9
1
2187712
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY Ft_
BK: 2660 PGA497, Pagel 01`4
03/12/2012 at 08:44 AM,
JEFFREY K BARTON,
CLERK OF
COURT
RESOLUTION NO. 2012- 018
WHEREAS, utility easements are platted and exist along each side of 24th
Avenue in Shady Acres Subdivision, but in order for them to be used by the
County as utility easements, the County must accept the dedication; and
WHEREAS, acceptance of the dedication of the utility easements does
not change the ownership or maintenance responsibilities of the road or drainage
easements. The road is not and will not be a part of the County's system of
public roads and drainage easements will not be improved or maintained by the
County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the 15-foU
utility easement along each side of the 30 -foot private road as depicted on the
plat of Shady Acres Subdivision, as recorded in Plat Book 8, Page 90 of the
Public Records of Indian River County, Florida are hereby expressly and formally
accepted for the limited purpose of creating a special water assessment, and for
installing and maintaining the water line and any accessory facilities associated
with the water line, and for no other purposes.
The resolution was moved for adoption by Commissioner Davis and
the motion was seconded by Commissioner Flescner , and, upon being put to a
vote, the vote was as follows:
Chairman Gary C. Wheeler Aye
Vice Chairman Peter D. O'Bryan Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Bob Solari Aye
2
RESOLUTION NO, 2012- 018
Wool
The Chairman thereupon declared the resolution duly passed and adopted
this 6th day of March, 2012.
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ATTEST: Jeffrey K. Barton, Clerk
Bye
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Gary C
3
vv .
eeler, Chairman
Approved as to form and i
Legal Sufficiency.
ii ;-
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William K. DeBraal
Deputy County Attorney
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