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Office of <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />William G. Collins II, County Attorney <br />Marian E. Fell, Assistant County Attorney <br />William K. DeBraal, Assistant County Attorney <br />TO: <br />FROM: <br />DATE: <br />SUBJECT: <br />MEMORANDUM <br />Clerk to the Board of County Commissioners <br />lliam G. Collins II - County Attorney <br />January 6, 2006 <br />Diminimus Error in Legal Description of Conservation Areas Within <br />Ordinance 2004-033 and Ordinance 2005-003 (the Lier Property) <br />1. Ordinance 2004-033 rezoned property lying south of County Road 510 and east of the <br />Indian River from A-1 to RS -3 in part and rezoned 3.4 acres from A-1 to CON -2. <br />Included among the CON -2 zoned property was a "Parcel A" consisting of .04 acres. <br />This rezoning was approved by the Board on October 19, 2004. <br />2. Subsequently by Ordinance 2005-003 the Board of County Commissioners rezoned the <br />upland portion from RS -3 to RS -6, but the Conservation Parcel A was continued to be <br />described as .04 acres. This ordinance was approved on January 24, 2005 in settlement <br />of a lawsuit. The property was deed restricted to no more than 3 units per acre despite <br />the RS -6 zoning as part of the settlement. The intent was to allow smaller lots but <br />maintain the RS -3 density. <br />3. On April 29, 2005 I received correspondence from attorney Bruce Barkett indicating <br />that the Conservation Parcel A legal description was in error. The Environmental <br />Consultant's field notes were misinterpreted by the surveyor to include approximately <br />.038 acres within the CON -2 zone which actually lies east of the bulkhead along the <br />river. Attached please find Mr Barkett's correspondence which includes copies of <br />both of the above ordinances along with the Surveyor's Affidavit with sketch and <br />correct legal description. The Environmental Consultant's Affidavit and original field <br />notes. I have tabbed the sketch that shows as a yellow -hatched area the portion of the <br />property erroneously included in Parcel A of the Conservation zoned land lying east of <br />the bulkhead. <br />