HomeMy WebLinkAbout2000-150RESOLUTION NO. 2000- 5o
IN THE RECORDS OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FLA.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, FORMALLY ACCEPTING THE
DEDICATION OF STREETS, ALLEYS AND
EASEMENTS SHOWN ON CERTAIN PLATS
WHICH PREDATE 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 Tots, 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,
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RESOLUTION NO. 2000-150
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that all
dedicated rights-of-way, streets, easements, and alleys shown on the following
listed platted lands are hereby expressly and formally accepted:
• Townsite Plat of Roseland, Plat Book 1, Page 43, Public Records of
St. Lucie County, Florida, now lying in Indian River County, Florida.
• Plat of Wauregan, Plat Book 1, Page 178, Public Records of Brevard
County, Florida, now lying in Indian River County, Florida.
• Subdivisions Nos. 1 and 2, Ambersand Beach, originally platted in
Brevard County at Plat Book3, Page 76, and also being recorded in
Plat Book 7, Page 8-A, Public Records of Indian River County.
• A. A. Berry Subdivision, recorded in Plat Book 2, Page 14 of the Public
Records of St. Lucie County, Florida, said lands now lying in Indian
River County, Florida.
The resolution was moved for adoption by Commissioner Ginn , and
the motion was seconded by Commissioner Stanbri dge , and, upon being put to
a vote, the vote was as follows:
Chairman Fran B. Adams Aye
Vice Chairman Caroline D. Ginn V P
Commissioner Kenneth R. Macht Ay
Commissioner John W. Tippin _ Aye
Commissioner Ruth M. Stanbridge Ave
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RESOLUTION NO. 2000-1s n
The Chairman thereupon declared the resolution duly passed and
adopted this 12th day of December, 2000.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
„ATT ST: Jeffrey K. Bart9n,Clerk
• Deputy Clerk
By ri(GA40
Fran B. Adams, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
on f -
BY t(;iLk'tie,(4
WILLIAM G. COLLINS 11
DEPUTY COUNTY ATTORNEY
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