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RESOLUTION NO. 98-58
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, DELEGATING TO THE
COMMUNITY DEVELOPMENT DIRECTOR
OR HIS DESIGNEE AUTHORITY TO
EXECUTE LICENSE AGREEMENTS
PERTAINING TO TRANSFERRED PROP-
ERTY UTILIZING COUNTY RIPARIAN LAND
FOR DOCKS WITHIN THE COUNTRY CLUB
POINTE SUBDIVISION.
WHEREAS, the Board of County Commissioners of Indian River
County, Florida Is presumptively the holder of riparian rights to the canal lying
easterly of Calcutta Drive, by virtue of the dedication of Calcutta Drive adjacent
to said canal to the public by the Replat of Country Club Pointe, Unit 1 at Plat
Book 4, Page 11, Public Records of Indian River County, Florida; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida established a policy concerning the use of that riparian land for
the construction and/or use of dock facilities within the Country Club Pointe
Subdivision; and
WHEREAS, that policy allows for property owners within the Country
Club Pointe Subdivision to enter into a license agreement on a first-come-first
served basis with the County for the construction and/or use of docks on
County's riparian land for the personal recreational use of the property owner,
and
WHEREAS, since the establishment of that policy, all available County
riparian land on the east side of Calcutta Drive is under license;and
WHEREAS, property owners within the Country Club Pointe Subdivision
who entered into a dock license agreement with the County will from time to time
sell such property; and
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WHEREAS, a provision In the license agreement provides for the
termination of the license agreement upon the sale of property owner's property
at which time any dock improvements under the license shall become the
property of the County, unless the purchaser of the property enters into a similar
license agreement for the construction and/or usage of the dock facility within
ninety days of sale; and
WHEREAS, such transactions and accompanying documentation are
administrative in nature and do not require the attention of the Board of County
Commissioners;and
WHEREAS, most purchase contracts have contingencies that at
closing, the buyer will be able to enter into a similar dock license agreement as
did the seller, and
WHEREAS, closings of property are often on deadlines not consistent
with the scheduled meetings of the Board of County Commissioners;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that the Indian River County Community Development Director or
his designee is hereby delegated authority to execute any and all License
Agreements pertaining to transferred property utilizing County riparian land for
docks within the Country Club Pointe Subdivision.
The resolution was moved for adoption by Commissioner E g g e r t, and
the motion was seconded by Commissioner r,,n n and, upon being put to
a vote, the vote was as follows:
John W. Tippin, Vice Chairman A X P
Kenneth R.Macht Aye
Caroline D. Ginn A v e
Fran B.Adams Aye
Carolyn K. Eggert Aye
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The Chairman thereupon declared the resolution duly passed and
adopted this 26 day of May, 1998.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUtDV40RIDA
By '
Tipp n, Ch
APPROVED AS TO FORM
iO y yBarton,.Cle AND LEGAL SUFFICIENCY
lo
BY
' • `;' WILLIAM G. COLLINS II
DEPUTY COUNTY ATTORNEY
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