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