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6-1) <br />Office of Consent 12/ 15/ 2015 <br />INDIAN RIVER COUNTY <br />Y <br />ATTORNEY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attomey <br />MEMORANDUM <br />TO: Board of County Commissioners � <br />FROM William K. DeBraal, Deputy County Attorney's( bze <br />DATE December 9, 2015 <br />RE: Permission to Advertise for Proposed Property <br />Exchange with Stoney Brook Farms <br />The Plat of Stoney Brook Farms was approved by the Board of County Commissioners on July 12, <br />2005. The 112 lot subdivision is located on the northwest corner of 4th Street and 82nd Avenue <br />During the plat approval process, the County purchased 10 feet of right-of-way from the developer <br />for future expansion of 82nd Avenue. A copy of the recorded plat is attached to this memorandum <br />Roughly 75% of the lots have houses on them <br />When the County was designing intersection improvements to 4th Street and 82nd Avenue, it was <br />discovered that the eastern most Tots and a portion of the landscape buffer and lake along 82nd <br />Avenue were found to be encroaching into County owned right-of-way. The developer's surveyor <br />was contacted and it was confirmed by a Surveyor's Affidavit that a mistake had been made when <br />the plat was surveyed, thus the improvements fell within County owned right-of-way <br />The property adjacent to Stoney Brook to the west is owned by the Indian River County Solid Waste <br />Disposal District (SWDD). A similar surveying error occurred along the plat's western edge resulting <br />in a gap or hiatus between the two properties. When the developer purchased the Stoney Brook <br />parcel, the correct surveys and legal descriptions were used When the property was subdivided <br />the surveying errors occurred leaving an encroachment onto the County owned property to the east <br />and leaving a gap between the Stoney Brook parcel and the neighboring SWDD parcel <br />In order to remedy this problem, the parties have agreed to a swap of property Stoney Brook will <br />give the County a deed to the western hiatus parcel consisting of 0.317 acres and the County will <br />deed to Stoney Brook the encroached upon County owned property consisting of 0 320 acres <br />Please see the sketch and legal descriptions attached. <br />Approved for BCC Meeting <br />Consent Agenda 12/15/2015 <br />William K. DeBraal <br />Deputy County Attorney <br />Indian Fire.+ Ca <br />A{. ed <br />Date <br />Adm!n. <br />Mill <br />Legal <br />Ilt- w <br />Buagel <br />ier:Tan <br />Dept. <br />ItalffarMARM <br />Risk tvigr <br />_ <br />` <br />26 <br />