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HomeMy WebLinkAbout04-345JOANt~ HOLJVIAN, CLERK OF TILE CNtCU1T COURT SAINT LUCK COUNTY FILE f 2502368111188004 al 10:36 AM OR HOOK 2095 PAGE 2613 -2814 Doc ?ype: RE30 ..SOLUTION NO. 04-345 ~UPPL!*ME~t1ZN6 RESOLUTION ~!O 04-~ A RESOLUTION RELINQUISHING aNY CLAIM NOW OR TN THE FUTURE PURSUANT TO SECTION 95.361, FLORIDA STATUTES, FOR WORK AFFECTED 8Y THE INDIAN RIVER DRIVE STABILIZATION PROJECT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Resolution is intended to protect the property rights and alleviate the fears of Indian River Drive Residents whose property is affected by the Indian River Drive Stnbiliza#ion project which project extends along Indian River Drive from the Martin County line north to 800 feet south of Orange Avenue. 2. As a result of erosion caused by Hurricanes Frances and Jeanne, the County, with the assistance of federal and state agencies, is stabilizing the shoreline along Indian River Drive on an emergency basis {the "Project"); and, 3. Some property owners along Indian River Drive are wilting 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 far dedication under certain cirwmstances. 4. Upon completion of the project, the County wi!) 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 arty property affected by this project pursuant to Section 95.361, Florida Statutes as a result of constructing the Project either now or in the future. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The County relinquishes any interest in acquiring rights to property along Indian River Drive pursuant to Section 95.361, Florida Statutes, either now or in the future as a result of the construction of the Project and by the granting of permission to construct the Project by an individual property owner. This Resolution shall take effect upon adoption 3. The County Attorney shall mail a copy of this Resolution to each property owner along Indian River Drive within the project limits and shall record the Resolution in the Public Records of St. Lucie County. After motion anti second, the vote on this resolution was as follows: Chairman Paula A. Lewis AYE Vice Chairman Jahn D. Bruhn AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE Commissioner Gliff Barnes AYE PASSED AND DULY ADOPTED this 15th day of November, 2004. ATTEST: _,,,~±~'~r;`'~~'~~-_ ; P~ ~.'R(( J S ~ ~.1 / .' r 1 r ~ ~ 1~~.~-~,1i. DEPUTY RK` °~ ~: BOARD OF COUNTY COMMISSIONERS . 5T. LUCIE COUNTY, FLORIDA , .:.;'~ : ~~-~= CHAIRMAN r'` ,~" APPROVED J ~~ ~ 4 it AA .. Y ,rK''1T ~.,,` ... ^ ? *-.. :. ~ > 1` +O > ~I _ ' 1~>..,.i i~ ., -~, -. , m . _ ~. ' «~~ ~ F.~ ~ ..,