TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Jennifer W. Shuler, County Attorney
FROM: Susan J. Prado, Deputy County Attorney
DATE: September 24, 2025
SUBJECT: Disposition of Property Request to River Boat Club POA
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BACKGROUND
The River Boat Club subdivision plat was approved by the IRC Board of County Commissioners on January 17, 1995. The plat dedicates 95th Street to the County and references a “Dock Area Per County License Agreement.” On the same date as the plat approval, a license agreement was entered into between the River Boat Club POA and Indian River County for the use of riparian rights located adjacent to 95th Street. The license agreement names Indian River County as the presumptive holder of the riparian rights to the canal “by virtue of the dedication of 95th Street adjacent to said canal to the public…” The license agreement allows the POA to utilize the riparian land immediately south of Lots 1 through 6 for the construction of a multi-slip common dock facility for the personal recreational use of residents of the River Boat Club Subdivision. The POA is required to pay the County $100.00 per dock slip per year. The license agreement was amended one time on September 21, 1999, to change the amount of insurance that the POA must carry. Since then, the license agreement has remained the same and the POA has continued to make its annual payment to the County every year subject to an increase pursuant to the consumer price index every 5 years.
The POA recently approached the County Attorney’s office and expressed a desire to take over ownership of the riparian land in order to continue to maintain the docks for the use of the subdivision. (See attached letter requesting turnover of the property). The docks are a recreational amenity that only serves the River Boat Club Subdivision, therefore they do not serve a public purpose. Based on this, our office recommends that the BOCC convey any and all interest that the County may have in the riparian land dedicated to it in the River Boat Club subdivision plat to the River Boat Club POA.
ANALYSIS
N/A
BUDGETARY IMPACT
There should be no budget impact as the quit claim deed would be recorded by the POA. Further, it may be possible to lower impacts on the budget by relieving the staff time currently used to oversee the docks located on this property.
PREVIOUS BOARD ACTIONS
N/A
POTENTIAL FUTURE BOARD ACTIONS
N/A
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Recommended Action
Staff recommends the Board declare the riparian land dedicated to it via the River Boat Plat surplus and dispose of the property via quit claim deed to the River Boat Club POA, authorize the Chairman to execute all documents.