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i Nov U 1991, <br />Rodney Tillman of the Fellsmere Water Control District <br />stated that the District has no problem with Mr. Kahn's request <br />for 1 unit per 5 acres, but does have some other concerns about <br />development in that area. He wished to read into the record the <br />following two letters: <br />I+ ELLSMERF WATER <br />CONTROL DISTRICT <br />P: O. Box 438 <br />FELLSMERE, FLORIDA 32948 <br />(407) 571-0640 <br />BOARD OF SUPERVISORS <br />RAYMOND E. JOHNS <br />PATRICK D. LEARY <br />CLIFFORD D. TYSON <br />TO: Indian River County Commissioners <br />FROM: Fellsmere Water Control District <br />RE: Kahn Request to Amend the Comprehensive Plan to <br />Redesignate +_ 888 areas from AG -2 to AG -1 <br />(LUDA-91-07-0175) <br />DATE: November 12, 1991 <br />The Fellsmere Water Control does not want to act as a adversary <br />in the Kahn request to amend the Comprehensive Plan to <br />Redesignate + 888 acres from AG -2 to AG -1. The District would <br />like to take this opportunity to present to the Commission <br />and staff certain problems regarding the area in question. <br />The use of Fellsmere Water Control District right-of-ways for <br />roads does present problems: <br />I. 130th Avenue "Willow Street" from the Homewood Subdivision <br />south only has a 30 foot right-of-way. I believe that Mr. <br />Davis is attempting to get additional right-of-way from the <br />Landowners involved. <br />2. East of 130th Avenue some of the roads are not on District <br />right-of-way, but are solely on private property. This is <br />a result of the first person buying property not wanting to <br />have to install a culvert, so where possible, the road is on <br />their side of the sub -lateral canal regardless of the <br />right-of-way. A good example of this is sub -lateral 18 <br />(89th street) east of Willow Street. <br />3. If the sub -lateral canal is located in the middle of the <br />right-of-way there is very little room left on either side <br />for a road. <br />4. The majority of roads in the Fellsmere Area are on private <br />property to some degree. <br />r <br />5. The District has maintained certain of the sub -laterals from <br />one side or the other and sometimes both. The District <br />feels that since it has maintained the.Ditches for 72 years <br />on the side or sides it is presently using, that the <br />District has aquired a prescriptive easement. The <br />Districts policy in the past and future issto continue to <br />use these prescriptive ea'sements'-and right-of-ways. <br />56 <br />