The park parcel was privately dedicated to ‘Owners of Lots in “Carleton Terrace” only for Park Purposes’ by the original plat recorded with the Brevard County Clerk of Courts – April 24, 1924 Plat Book 3, Page 61, the amended plat of 1925 incorporating McLeod Drive on January 13, 1925 Plat Book 3, Page 99, and the amended plat of 1926 incorporating the waterfront properties east of Indian River Drive on February 8, 1926, Plat Book 5, Page 90.

The 1924 Plat as recorded for Carleton Terrace made each lot owner a part owner of the park as an appurtenance to each lot owner’s property.

The changing of the park name would be an option totally up to the lot owners in Carleton terrace. When the park was open to the public as “McFarland Park”, it was known on the internet, in the county, and the Orlando area as a “market place” for drug activities and other “adult activities” by some people that live here. Some people have not seen this, but it doesn’t make it not so. Documentation can be made available. To limit that recognition, it has been suggested that a name change would provide a fresh identity.

No. Each lot owner is a part owner of the park which runs with the ownership of their lot(s). “Turning over” (selling or leasing) to the City would require the joinder of each and every lot owner in Carleton Terrace. One single lot owner opposing the turning over the park to the City would bar that from happening. The 1924 Plat for Carleton Terrace established the park and dedicated ownership to each lot owner as a private park reserved to the lot owners of Carleton Terrace. Any use other than as recorded in the plat, is prohibited. Converting it to a “public park” (even for pedestrians only) without the permission and participation of each and every lot owner in Carleton Terrace is not an option.

No. Carleton Terrace Park is a privately owned and managed waterfront park with a dock and boat launching ramp managed by the Carleton Terrace Park Association with access limited to the lot owners and residents of Carleton Terrace. Those from the public or other local adjoining neighborhoods would not be allowed general access unless as a guest accompanied by a Carleton Terrace lot owner.

The 1924 plat as recorded, dedicated the park explicitly to the lot owners of Carleton Terrace and by opening up the park to public access, each resident’s ownership interest in the park could be placed in legal jeopardy. Also, opening to public access could be a contributing factor with future increased costs of liability insurance if someone from the public should be injured. The simplicity of local owner access limits the insurance provider’s risk and thus the cost of insurance.

The park will be managed and maintained by forming The Carleton Terrace Park Association comprised of elected association officers (president, vice president, treasurer, and secretary) and an elected board of five directo

Funding will be on a voluntary basis by the owners of lots in Carleton Terrace subdivision. Operational expenses will be necessary primarily for the purchase of commercial liability insurance to protect the financial interests of the lot owners plus a smaller contribution for mowing and park maintenance. Only those choosing to voluntarily join the Carleton Terrace Park Association will be protected by the purchased liability insurance. 

No. The park association will be authorized only to manage and control the park property, the purchasing of liability insurance, and the maintenance and upkeep of the park. The Articles of Declaration forming the association will strictly limit the authority of the officers and board of directors to manage the park in a similar manner and configuration (footprint) as it now exists. Any changes in scope beyond that would unconditionally require the approval of the majority of lot owners as defined.

Yes, in a good way. Ownership of the waterfront park property provides deeded access to the Indian River lagoon to every lot owner in Carleton Terrace.

No. Only those lot owners who choose to become members of the park association and contribute to the shared expenses for the purchased liability insurance will have protection by the association’s liability insurance coverage. Should lot owners choose not to become members, it is suggested they seek private liability insurance to protect them and their properties from potential liabilities or law suits by virtue of their shared liability from the park.

Yes. Each lot owner in Carleton Terrace is an owner in the park property and is assured access and use of the park by that ownership. No lot owner can or will be denied access to the park by choosing to not join the association. Be reminded, however, that lot owners will not have protection against liability should there be loss of life or injury, and non-membership will preclude you from being involved in the majority of the decision making process.

A limited access gate with a pass code available only to Carleton Terrace lot owners limit substantially public access and traffic as well as the associated “transactions” that were known to be occurring in the park. Park related automobile traffic within the neighborhood by those using local streets to access the park, should continue to be less than before the park was closed to the public.

Presently, it is anticipated the cost for repairs will be rather limited due to several lot owners volunteering building materials while others with appropriate skills have volunteered labor necessary to return the dock to a safe and functional pre hurricane Irma condition.

As an alternative option, quotes are being investigated using a qualified and licensed contractor to perform partial or complete repairs. However, whether using local resources or a contractor, repairs will be in compliance with building codes and permits obtained as may be needed to ensure code compliance and safety.