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�-_ 2 0 1985 mgr FI�E'`C <br />� <br />BOOK J � J..aey Q9rrerHaJa7:� , <br />_:HFHMAN N. &MITII,JR. <br />MICHAEL OHAIRE <br />JEROME O. QUINN <br />CHARLES E.GARRIS <br />ALAN S. POLACKWICH, SR. <br />February 19, 1985 <br />Gary Brandenburg, Esq. <br />County Attorney <br />Indian River County <br />1840 25th Street <br />Vero Beach, FL 32960 <br />Re: Sanderling Subdivision <br />Dear Gary: <br />MIC14AEL J. GA14AVAGLIA <br />DOLORES D. DECAPRIO <br />WILLIAM E. CORLEY, SII <br />REPLY TO' <br />Island <br />My client, Associates Management Group, Inc., through <br />its principal, Thomas H. Collins, is in the final stages of <br />platting the Sanderling Subdivision. A condition imposed <br />by the Planning Staff to final plat approval is a dedication <br />of 15' of ocean frontage to the County or payment of the sum <br />of $27,000.00 to the County. I attach photocopy of my <br />client's letter to Stan Boling on this subject dated <br />December 11, 1984. <br />Frankly, I am of the opinion that either demand on my <br />client as a condition to plat approval is improper and <br />probably illegal. My client does not wish to waive any of <br />its rights in the circumstances, but at the same time, in <br />the real world, cannot delay indefinitely subdivision and <br />sale of its property with the meter running on a very <br />substantial purchase price. Like most developers, the <br />economics of the situation presently dictates that it move <br />ahead, but the County is taking unfair advantage of a <br />typical situation to extort land or money without having the <br />benefit of a comprehensive study or any rational basis for <br />its demand. Although my client is.making the payment to the <br />County, it is only for the purpose of being able to use its <br />land, is under protest, and without waiver of any claims or <br />rights it might otherwise have. <br />If you have any problems with this matter, please don't <br />hesitate to call me. NII <br />With best regards, I <br />our fE`�thf lly, <br />MOH/pkm MICH 01' <br />cc Michael Wright, Adm rator <br />®arFgoE �L���rar� aD�xrzm� <br />14TH AVENUE,VERO BEACH.-LORIDA 32960 .III CARDINAL DRIV E.VERO BEACH, FLORIDA 32963 <br />!3 051 567-4351 <br />(305) 231 6900 <br />Attorney Brandenburg believed, in view of the above, that <br />the County cannot use the $27,000 until the matter is litigated. <br />He, therefore, recommended the County not accept the $27,000 and <br />instead require the individual to dedicate the easement. That <br />way we have the easement on the ground for people to use. <br />14 <br />