Laserfiche WebLink
they changed the boundary from Park Lateral Canal to Willow Road is <br />beyond him. Mr. Harris just wanted to be sure that the Board <br />recognized that. <br />Attorney Barkett summarized his arguments. They have proposed <br />the easements and the documents to establish the framework to <br />provide access and maintenance. They have worked very closely with <br />Attorney Collins and have implemented almost all of his suggestions <br />in these documents. The requested land use amendment would result <br />in a double benefit by closing the loop around Fellsmere and <br />Homewood that should be closed in a 1 unit per 5 acre density and <br />by creating access easements and a maintenance entity where there <br />isn't one right now. The water control district's concerns are <br />satisfied and the County is not precluded from stepping in at some <br />point in the future, if it wants to do that, and having clear <br />easements to maintain. Attorney Barkett urged the Board to approve <br />this request. <br />Commissioner Wheeler questioned the cleared easements, and <br />Attorney Barkett explained that the way they have it now with the <br />property owners' association, the easements are created for the <br />benefit of the people because County staff has said over and over <br />that they did not want right-of-way and would refuse to accept <br />right-of-way. A solution to that would be that instead of <br />conveying title right now, they could dedicate the easements to the <br />property owners' association so that it wouldn't be necessary.to <br />get each owner to agree. If Mr. Kahn dedicates the easements to <br />the property `ownersI association, that association could convey the <br />rights-of-way to the County in the future if the County wants that. _ <br />That way, you wouldn't have to go to each property owner, just to <br />the association's board of directors. <br />Attorney Vitunac advised that you could dedicate the easements <br />to the property owners' association with the right of extinction in <br />the county whenever the County files a certain document, and then <br />write a divestiture. <br />Attorney Barkett felt that would be a good approach, but he <br />would have to research it. <br />Lengthy discussion ensued about whether a property owners' <br />association would have the ability to assess the property owners <br />for new roads. <br />Commissioner Bird had a dilemma with this situation. He felt <br />getting the 60 feet right-of-way and getting these people off of <br />these drainage district roads is an improvement to the situation. _ <br />He would like to accept that, but didn't know how to go beyond that <br />,as far as wording a Motion to accept the dedication. <br />107, <br />MAY 5 <br />