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- M M <br />EXCHANGE OF RIGHT-OF-WAY DEEDS BETWEEN JEAN BORCHERS/CHARLOTTE <br />BORCHERS AND INDIAN RIVER COUNTY <br />The Board reviewed the following memo dated 6/23/89: <br />TO: James E. Chandler, <br />County Administrator <br />FROM: James W. Davis, P.E., <br />Public Works Director Opy <br />SUBJECT: Exchange of Right -of -Way Deeds Between Jean <br />Borchers/Charlotte Borchers <br />and Indian River County <br />REFERENCED LETTER: Steve L. Henderson to Jim Davis <br />dated June 16, 1989 <br />DATE: June 23, 1989 <br />DESCRIPTION AND CONDITIONS <br />Ocean Spray Corporation has requested a right-of-way use permit <br />to construct an industrial pipeline along an unopened section of <br />County -owned 74th Avenue right-of-way south of Oslo Road. In <br />researching the adequacy of the 74th Avenue right-of-way, staff <br />and Attorney Steve Henderson have discovered a misalignment of a <br />30' wide section of the right-of-way (Sketch attached). To <br />correct the misalignment, the abutting property owners, Jean and <br />Charlotte Borchers, have agreed to exchange deeds with the <br />County. <br />ALTERNATIVES AND ANALYSIS <br />The correction of the alignment is mutually beneficial to both <br />parties. Also, the County Utilities Department has no objection <br />to allowing Ocean Spray to construct a pipeline in 74th Avenue <br />right-of-way provided that it does not restrict the Utilities <br />Department from constructing a sewer or water line along the <br />corridor in the future. A franchise to operate in County <br />right-of-way is not necessary since the pipeline will only serve <br />Ocean Spray. <br />RECOMMENDATION AND FUNDING <br />It is recommended that the Board Chairman and Clerk be authorized <br />to execute the attached deed in exchange for the County receiving <br />a deed for the proper alignment of 74th Avenue. In addition, <br />staff is requesting authorization to issue a right-of-way use <br />permit to Ocean Spray for construction of a pipeline in 74th <br />Avenue right-of-way for their exclusive use, provided the line <br />will not conflict with future water and sewer line locations. No <br />franchise agreement is proposed. The County will charge a <br />nominal use fee for the use of right-of-way <br />60 <br />JUL 111989 <br />