HomeMy WebLinkAbout1964-0073 0 L U T 1 0 N
141 MEAS, the Sobannt Uan Inlot of Brovard county, ploric
is and has for many years boon one of the outstanding recreational
areas Of the State of Florida, and
WHEREAS, the completion of the Sobanstian Inlet Bridge and
the extension of Bighway AIA from tho South will increase the al-
ready largo number of visitors who make recreational use of this
area, and
WHEREAS, there is. a great nood and dav�and for a public PaT.,Ic
in this, arem, for Lisa by the visitors, many of whom in addition to
the residents of Brovard and Indian River County, come from central
and Past central Florida and from out of State, and
WHEIREAS, the State of Florida now holds title to all of the
submerged bottom lands, including all islands, sand bars, shallow:
banks and Mall islands and lands filled or caused to be filled by
the Sebastian Inlet Taxing District, in the original opening of the
Sebastian Inlet and dredging carried on for the maintenance and
operation or the Inlet t1lelloafter, i4hich lie West of Government
lots I and 2 of Section 20, Township 30 South Range 39 East, and
North of the Sebastian Inlet, with the management, control, super-
vision, oonsorvation and Protection thereof vested in the Trustees
of the Internal Improvement Trust Fund, consisting of the Governor,
the Comptroller, the atato Treasurer, the Attorney General and the
Commissioner of Agriculture, and
WIMPREAS, the islands; and filled land covering an area of
approximately 250 acres:, were made by the process of dredging for
the OPOrling and maintonAnce of the Sebastian Inlet, financed ontivoly
by such taxpayers of Brovard and Indian River as are included in the
Sebastian Inlet District, and
WHEREAS, the ownov.,j of Government lots 1 and a, of Section 20,
Township 30, have never bulkioaded or filled any pert of the bottom
lands. lying .lost of (,rovernmont lots I and 2, Of Section 20, Town-
ship 30, South Range 39 Pasty and
WIIIIi I: -, the honorable Richilyd W. Lrwin, as Attornoy Genoral
for tiro State or Florida, on October 10, 11)55, rendeved an opinion
to the Trustees; of the Internal Inr)rovom:)nt Yiind .shorain the question,
"Where lands under navigable ,iatur.j aro 17111od in,
..consequent upon the dopoalt of spoils from dredging
and improving such navigable watcioa" by the Fedoval
Gover.Lmont, in Such a mannor as to extend the land
area: beyond the survoyod arca of the upland who
holds: the title to such made or filled land,"
was answered in the followin5 manner:
'tile do not have before us suffiaiont evidonco from
.which to draw a legal conclusion as to whothor there
may have boon a bul.hoading and filling in by the
upland owner order Ch.271 F.S. prior to tho onaet-
mant of Oho 26776, 19514
The above question is therefore anaworod by stating
that unless title was acquired by the upland owner
by reason of his having bulkheadcd and filled in the
land in question, under Ch. 271 F.S. title remains
vested in the State of Florida or its Trustees of
the Internal Improvement Fund. No title appears to
have vested in the upland owner by reason of accretion,"
and
WIMMEAS, the Honorable Farris Bryant, Governor of the State of
Florida, and the 1963 Legislature of the State of Florida, recogniz-
ing the need of Florida for Public Parks and Recreational areas", by
Logimlative Act established The Florida Outdoor Racroation Develop-
ment Council and the Outdoor Recreational Planning Cotmnittee to
recommend and approve a comprehensive outdoor recreational plan for
the State of Florida, and
WHEffEP.S, the owners of Governmont Lots 1 and 2 of Section 20,
Township 30, South Range 39 East, lying North of the Sebastian Inlet,
have made application to the Trustees of the Internal Improve.wnt Fund
for the conveyance to them of the title to those lauds which is noir
vested in the State of Florida, lying; West of Government lots 1 and 2,
of Section 20, Township 30 South Range 39 .oast,
PLOW THEREFORE BE IT PBSOLVED, THAT Tii -' BOARD OF COU14TY 001•MSSa
IONERS` OF BREMD COUNTY, strongly urge and recommend to tiro Trusteoa
of the Internal. Improvement Fund of the State of Florida, and to the
Outdoor Development Council and the Outdoor Development Coarsaittec:
That title to all lands in the Sobastion Inlet area now veated
in the State of Florida be hold and retained by the State of Florida,
to be used and developed by the Outdoor P.ecrOatlonal Council and Out-
door Recreational Committee as a :State 1'4,rk and Public Roereational
Area, and ,
That the application *�:jjj t for convoy-
anoe of title to them be dex.iud ill itZ cntiroty bocauso the land re-
quosted is required oxcluaively for st.ato r E:cxtiontxl purposes, and
That the Attornoy Conoral of the Swc"to of Florida, be author+.
ized and en_poworod to contest and defond On bohajf of the people of
the State Of Flocift, any and all oonrt coticns the owners may sero fit
to institute in which thoy took a doter.- ration of their riBhtc, and
BE IT FURTIMR RESOLVED t:at the 120ard of County Commis;tionora
of 5revard County, offer thoir Pull cooporatio*,i and azzistanoe, in»
oludin,,, men, equipment and z terialc in the dovolopment and oonatruc»
tion of such State Park and Public Recrosttlo:zal frcilities in the
Sebastian Inlot area as may planned and established by the Florida
outdoor Recreational Counoil and Committoop and
BE IT FURTHER R.CSOLICD, that a copy of this resolution be
forwarded to the Honorable Farris: Bryant, Governor of the State of
Florida, the Honorablo Ray L, Green, Comptroller of the State of
Florida, the Honorable J, Ed Larson, Treasurer of the State of Florida,
the Honorable James W. Hynes, Jr„ ^ttornay General of the State of
Florida, the Honorable Doylo Co;:.;cr, Cc riswianer of ASriculturo, the
Honorable Tom Adams, Secretary, of w'tstc, the Honorable Thos, Ds Bailey,
Superintendent of Public Inatr.uction, tha lonorable Wandell Jarrard,
i
Chairman of the Florida Development Cona?iission, the Honorable John R.
Phillips:, Chairman of the 9tato Road Dcp.artn.ant, the Director of the
State Board of Conservation_, the Chairman of the Florida Game and
Fresh Water Fish Commission, the Chairman of the Board of Forestry,
the Chairman of the Florift Park Service, each of whom is a merrbor of
one or more Of the aforementioned board, council or committed,
BOARD OF COUNTY CO2riNiISSSOD , ,
13MARD OOUN'Y'Y., FT,ORIiit.
B
J rah H. i �k iam, Cha Lrvian
Uus Faulk, 4onurissioner Di3t, ri�I
ATTk, T:
f i Gooro-KIn€ ,
L0'0 FGost,li iot;t s )iai , G
clerk of the Board of
County Co.ruriasionors and'i
ol,3zdiuldraw, �otT ii siexxis t. i'?
Clerk of the Circuit Court,
Br3Vard County, Florida
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