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HomeMy WebLinkAbout04-338JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY ~~~ ~ Un -...- FlLE # 2507774 1113012004 at 05:26 PM RESO O !_S ~ L,~ I OR BOOK 2102 PAGE 1022 - 1023 Doc Type: ~_•^---.--..a._, i RECOROItdG: 516.50 + ~i~ j oEr, z ~ 2oc ; ~; , RESOLUTION NO. 04-338 ( ~_ ^tif~~TY ATTORNEY A RESOLUTION DISCLAIMING INTEREST IN li5If~7G' _..a SECTION 95.361, FLORIDA STATUTES, FOR INDIAN RIVER DRIVE STABILIZATION PROJECT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. As n result of Hurricanes Frances and Jeanne, the shoreline along Indian River Drive was severely eroded and needs to be stabilized immediately; and, 2. With the assistance of federal and state agencies, the County is stabilizing the shoreline along Indian River Drive on an 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. The County will not maintain the Project once the Project is complete except upon request from n property owner. 5. This Board does not intend to acquire a permnnent right to access property ns a result of constructing the Project. NOW, THEREFORE, BE IT RESOLVED by the Bonrd of County Commissioners of St. Lucie County, Florida: 1. The County disclaims any interest in acquiring a permnnent right to access property along Indian River Drive pursuant to Section 95.361, Florida Statutes, as a result of the construction of the Project and by the granting of permission to construct the Project by nn individual property owner. 2. This Resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis AYE Vice Chairman John D. Bruhn AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE Commissioner Cliff Barnes AYE r ~. PASSED AND DULY ADOPTED this 9th day of November, 2004. ATTEST: BOARD OF COUNTY COMM~T551ONER5 ST. LUCIE COUNTY, FLORIDA BY: ~~ CHAIRMAN TO LEGAL FORM AND COUNTY A