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F'JAN, 19 198 <br />e� <br />BAR ^g fpc , <br />WHEREAS, Owner is developer of a condominium project <br />located on North A -1-A in Indian River County, said project <br />being known as "RIVER BEND, PHASE 1"; and <br />WHEREAS, Owner received approval by Indian River <br />County Planning and Zoning Commission of its site plan covering <br />the "RIVER BEND, PHASE 1" development on•August 26, 1982; and <br />WHEREAS, an Appeal was filed by the owner to the _. <br />Indian River County Commission, said Appeal being taken from a <br />decision by the Indian River County Planning and Zoning <br />Commission to the effect that a certain perimeter and security <br />wall would not <br />be permitted <br />to be <br />placed within ten <br />(10') feet <br />of the existing <br />right-of-way <br />for <br />State Road A -1-A, <br />said decision <br />being premi!ced upon the requirements of the transportation <br />element of the Indian River County Comprehensive Plan; and <br />WHEREAS, the parties hereto have reached an agreement, <br />the results of which would settle all issues arising by virtue <br />of the Appeal and the parties now desire to reduce their <br />understandings to writing. <br />IT IS THEREFORE AGREED AS FOLLOWS: <br />1. PROPERTY DZSCRIPTION: A legal description for the <br />ten (10') foot strip adjoining the present one hundred (1001) <br />foot right -of -war for State.Road A -1-A on the west which .is the <br />subject of this instrument is attached hereto as Exhibit A. <br />2. DEDICATION: Owner hereby dedicates to the public <br />forever for the purpose of expanding State Road A -1 -A's <br />right-of-way that property described in Exhibit A subject to the <br />happening of the following two conditions; <br />(a) That Owner elects to construct the perimeter <br />and security wall within ten (101) feet of the existing <br />right-of-way for State Road A -1-A, and <br />.o <br />M <br />