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Fr - <br />JUN 191990 <br />BOOK- � PAGE 44 <br />ON MOTION by Commissioner Bird, SECONDED by <br />Commissioner Wheeler, the Board unanimously (4-0, <br />Commissioner Scurlock being absent) approved the <br />Developer's Agreement with Copeland Landing, Inc., as <br />recommended by staff. <br />AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br />HEDIN MARGINAL_ ACCESS EASEMENT_ ESCROW AGREEMENT <br />The Board reviewed the following memo dated 6/12/90: <br />TO: The Board of County Commissioners <br />FROM:t75 William G. Collins II - Assistant County Attorney <br />DATE: June 12, 1990 <br />SUBJECT: Hedin Marginal Access Easement Escrow Agreement <br />Indian River County has approved a special exception and <br />site plan for oil lube and mini -storage facility at U. S. 1 <br />and 99th Street. A condition of the site plan approval was <br />a conveyance to the County of a marginal access easement as <br />required by Section 23.3(d)(10)(d) of the County Zoning <br />Code. Mr. Hedin Is proposing to contest the legality of the <br />dedication requirement unless the County Land Development <br />Regulations are revised to provide for a traffic impact fee <br />credit for such marginal access easement dedications. <br />Further,. Mr. Hedin wishes to proceed with the development of <br />this site prior to the outcome of Land Development <br />Regulation revisions and potential litigation. <br />In the past, the Board of County Commissioners has approved <br />the escrow of deeds for property which are the subject of <br />�,..,;.. <br />litigation over the legality of the dedication requirement. <br />This is a very prudent approach. In the event the <br />regulation is held illegal, there would be no temporary <br />' <br />taking damages owed by the County, since the development has <br />been allowed to proceed normally. <br />RECOMMENDATION <br />Confirm that it is still the Board's position to allow <br />escrow of deeds and easements which are the subject of <br />litigation, so as to avoid any temporary taking damages <br />accruing to the County. <br />22 <br />777 <br />