HomeMy WebLinkAboutYoung Subdivision Dedication LanguageDave,
According to the public records, the easement area is owned by both the Marinos and Youngs. Therefore, in order to dedicate the easement area to the public as proposed on the Young
Subdivision plans that you provided to me, both the Marinos and Youngs would be required to sign off on the dedication language. This sign off by all property owners is required by
section 177.081(2), Florida Statutes, which provides:
Every plat of a subdivision filed for record must contain a dedication by the owner or owners of record. The dedication must be executed by all persons, corporations, or entities whose
signature would be required to convey record fee simple title to the lands being dedicated in the same manner in which deeds are required to be executed. All mortgagees having a record
interest in the lands subdivided shall execute, in the same manner in which deeds are required to be executed, either the dedication contained on the plat or a separate instrument joining
in and ratifying the plat and all dedications and reservations thereon.
In a nutshell, there cannot be a dedication to the public of this easement area without signature by both the Marinos and Youngs. In reviewing the subdivision request, if both property
owners do not agree to sign off, the City would need to ensure that it does not require the dedication with respect to the easement area, and then request the applicant remove it.
The City’s review of the easement area should be limited to determining whether appropriate access will be provided to the property being subdivided.
Please call me if you have additional questions.
[Description: Signature logo]
Kimberly Romano Kopp, Esq., LEED AP
Brown, Garganese, Weiss & D’Agresta
Senior Attorney
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: www.orlandolaw.net<http://www.orlandolaw.net/>
Email: kkopp@orlandolaw.net<mailto:kkopp@orlandolaw.net>
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