HomeMy WebLinkAbout11/15/04 (2) RESOLUTION NO. 04-345
5UPPLEMENT]:NC~ RESOLUT3:ON NO. 04-338
A RESOLUTg;ON RELZ;NQUTSH];N~ ANY CLATM NOW OR ];N THE
FUTURE PURSUANT TO SECTION f~§.36:Z, FLOR];DA STATUTES,
FOR WORK AFFECTED I~Y THE ];NDIAN RZVER DRTVE
5TA[~ZLZZAT~ON PRO,TECT
WHEREAS, the Board of County Commissioners of St. Lucia County, FlOrida, has made the
following determinations:
1. This Resolution is intended to protect the property rights and alleviate the fears of
[ndian River Drive Residents whose property is affected by the ];ndian River Drive Stabilization
project which project extends along Tndian River Drive from the Martin County line north to 800
feet south of Orange Avenue.
As o result of erosion caused by Hurricanes Frances and ,Teonne, the County, with
the assistance of federal and state agencies, is stabilizing the shoreline along Indian River Drive on
on emergency basis (the "Project"); and,
3. Some property owners along Indian River Drive are willing to give the County
permission to construct the stabilization Project on their property but are concerned about the
effect of Section 95.361, Florida Statutes, which provides for dedication under certain.
circumstances.
4. Upon completion of the project, the County will only maintain the stabilization
shoreline adjacent to the road with the property owner's permission.
5. The County will not attempt to acquire rights to any property affected by this
project pursuant to Section 05.361, Florida Statutes as a result of constructing the Project either
now or in the future.
NOW, THEREFORE, BE ~T RESOLVED by the Board of County Commissioners of St. Lucia
County, Florida:
1. The County relinquishes any interest in ocquir'ing rights to property along Indian
River Drive pursuant to Section 95.36l, Florida Statutes, either now or in the future os o result of
the construction of the Project and by the granting of permission to construct the Project by on
individual property owner.
2. This Resolution shall toke effect upon adoption
3. The County Attorney shall mail a copy of this Resolution to each property owner
along [ndian River Drive within the project limits and shall record the Resolution in the Public
Records of St. bucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Poulo A. Lewis
Vice Chairman ,Tohn b. Bruhn
Commissioner Fronnie Hutchinson
Commissioner boug Coward
Commissioner Cliff Barnes
AYE
AYE
AYE
AYE
AYE
PASSED AND DULY ADOPTED this ~.5th day of November, 2004.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUC"'IE COUNTY, FLORIDA
BY:
APPROVED A~STO LEGAL FORM AND ~
COUNTY ATTO~