HomeMy WebLinkAbout2020-112 3120210030531
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH. CLERK OF COURT
INDIAN RIVER COUNTY FL
BK 3415 PG 2347 Page 1 of 3 4/29/2021 1 26 PM
RESOLUTION NO. 2020- 112
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, FORMALLY ACCEPTING AN
EASEMENT FOR UTILITY PURPOSES ONLY,
OVER, ACROSS AND UNDER THE PRIVATE ROAD
RIGHT-OF-WAY OF 34th STREET, 58TH COURT
AND 34TH LANE, LOCATED IN SHADOW BROOK
SUBDIVISION IN UNINCORPORATED INDIAN
RIVER COUNTY, FLORIDA.
WHEREAS, by Confirming Resolution No. 2020- 111 , the Board of
County Commissioners approved a special assessment project for a water main
extension to be constructed from 58th Avenue to 34th Street, including 58th Court
and 34th Lane within Shadow Brook Subdivision; and
WHEREAS, the water main extension is to be constructed within the
private roadway labeled as Shadow Brook Lane on the plat of Shadow Brook
Subdivision, now known as 34th Street, 58th Court and 34th Lane; and
WHEREAS, in order for Indian River County to construct and maintain the
water main extension within the private roadway, it is necessary for Indian River
County to have an easement within the private roadway; and
WHEREAS, the plat of Shadow Brook Subdivision, recorded in Plat Book
9, Page 17, has specific dedication language that all streets and easements are
for the use of the property owners in the subdivision, with the full knowledge that
the same are not dedicated to the public until there is a formal acceptance of
these streets and/or easements, or any part thereof, by the County; and
1
RESOLUTION NO. 2020- 112
WHEREAS, it is the desire of the Board of County Commissioners to only
formally accept an easement for utility purposes over, across and under 34th
Street, 58th Court and 34th Lane within Shadow Brook Subdivision and it is not
the intention of the Board of County Commissioners to accept the roadway as
public, nor the maintenance of said roadway,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The Board of County Commissioners of Indian River County, Florida
expressly and formally accepts an easement for utility purposes only, over,
across and under the private roadway labeled as Shadow Brook Lane on the plat
of Shadow Brook Subdivision, as recorded in Plat Book 9, Page 17 of the Public
Records of Indian River County, Florida, said roadway now known as 34th Street,
58th Court and 34th Lane.
2. The Board of County Commissioners of Indian River County, Florida
does not accept the roadway as a public road nor the maintenance for the road.
This resolution was moved for adoption by Commissioner O'Bryan, and
the motion was seconded by Commissioner Flescher , and, upon being put to
a vote, the vote was as follows:
Chairman Joseph E. Flescher AYE
Vice Chairman Peter D. O'Bryan AYE
Commissioner Susan Adams AYE
Commissioner Laura Moss AYE
Commissioner Joe Earman AYE
2
The Chairman thereupon declared the resolution duly passed and
adopted this 8th day of December, 2020.
BOARD OF COUNTY COMMISSIONERS J.\\A..••• •••••ssio
INDIA
By -� �N RIVER COUNTY, FLORIDA c .. . *ii.;,p
` ,,
s
.
�� � .�9. �� � ..1:o�:�
Joseph E. Flescher, Chairman •.�.4) •. r, • -.oc'..:
' RCOUtdN• ''
ATTEST: Jeffrey R. Smith, Clerk
of Court a d Comptroller
By: riS0/
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Ian Reingold
County Attorney
3