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13t� ATTORNEY'S MATTERS: 3/19/13 Office of INDIAN RIVER COUNTY .. ATTORNEY Alan S.Polackwich,Sr"County Attorney William K.DeBraal,Deputy County Attorney Brooke W. Odom,Assistant County Attorney MEMORANDUM TO: and of County Commissioners FROM: ��Iiam K. DeBraal — Deputy County Attorney DATE: March 7, 2013 SUBJECT: Resolution Delegating to the County Administrator or Designee the Authority to Execute the County's Acceptance of Temporary Easements for Utilities which will Terminate when the Property is Platted Depicting Perpetual Easements When properties are being platted, developers cannot receive a Certificate of Completion on the subdivision until any required utility easements are dedicated to the County. The Code allows for developers to either (a) obtain a Certificate of Completion (which includes posting required warranty security at 25% of the approved cost) OR (b) post security to guarantee construction of required improvements at 125% of the approved cost prior to obtaining final plat approval. When developers wish to first obtain a Certificate of Completion, utility easements that would normally be dedicated on the face of the plat are required to be dedicated in a metes and bounds legal description. Because of the expense and time associated with procuring metes and bounds descriptions, standard practice has been for the developers to dedicate a temporary blanket easement for utilities over its property, thereby making the issuance of a certificate of completion possible when all other requirements are satisfied. Once a certificate of completion has been issued, the developer can then proceed to final plat approval at which point when the Board approves the plat and it is recorded, the perpetual utility easement will be given to the County by depiction on the plat and the temporary easement will then terminate. Acceptance by the County is required since the easement document contains express language that the easements will automatically terminate upon the recordation of the plat (which will dedicate perpetual utility easements on its face) without the necessity of any further action of either the developer or the County. .LVED FOR � � 3 t2.UZ .vG - I�LAAGEt�D,4 C0 UN TY ATTORNEY � ;