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Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Of Ce Of Attorneys Matters 0211612016 INDIAN RIVER COUNTY MEMORANDUM TO- Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE February 9, 2016 ATTORNEY Gfl RE- Real Estate Exchange Agreement between Stoneybrook Farms Group, LLC and Premier Citrus, LLC In March 2005, Stoneybrook Farms Group, LLC, purchased what is now Stoney Brook Farms subdivision The 80 acre parcel is located on the northwest corner of 4th Street and 82nd Avenue Its neighboring property to the west is the South County Wastewater Treatment facility owned by Indian River County (County) In April 2005, prior to plat approval, the County purchased from the developer 2.257 acres (98,315 square feet) of property to be used as right-of-way for future expansion of 82nd Avenue The right-of-way runs the entire length of the parcel's eastern border abutting 82nd Avenue The 2005 purchase price of the right-of-way was $78,995 00. A copy of the deed for the right-of-way is attached to this memorandum. At the time of the purchase, the correct surveys and legal descriptions were used The Plat of Stoney Brook Farms was then approved by the Board of County Commissioners on July 12, 2005 When the property was surveyed during the subdivision process, surveying errors occurred In general terms, the 80 acre property was erroneously "shifted" by the surveyor about 10 feet to the east, causing an encroachment into the County owned right-of-way property to the east and leaving a gap between the Stoney Brook parcel and the neighboring County parcel to the west. This "shift" was not discovered until the County began surveying for intersection. improvements to 4th Street and 82nd Avenue It was at this time that the surveying errors became apparent as County surveys revealed the subdivision's eastern most lots, a portion of the landscape buffer and the stormwater lake along 82nd Avenue were encroaching into the County owned right-of-way. The developer's surveyor was contacted and it was confirmed by a Surveyor's Affidavit that a mistake had been made when the plat was surveyed A sketch and legal description of the 82nd Avenue right-of-way encroachment is attached to the Real Estate Exchange Agreement (Agreement) as Exhibit "A". As a result of the "shift", a corresponding surveying error occurred along the plat's western border. The shift resulted in a 10' gap or hiatus between the subdivision and its neighboring property to the west, owned by the County. APPROVED FOR------ - B.G.G. MEE ING - REG , DA COUNTY ATTORNEY; Indian Fiver Ca A� roved Date Admin. f t Legal Qi audgei Dept. z' t l6 rRlsIc Mgr. 115