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r NOV <br />- 91993Bo <br />oK <br />9 F�a;c 9 5 <br />Q � <br />The <br />Board reviewed the following memo dated October 27, <br />1993: <br />TO: Board of County Commissioners <br />FROM: Terrence P. O'Brien - Assistant County Attorney <br />t "-V <br />DATE: October 27, 1993 <br />RE: PUBLIC HEARING - November 9, 1993 <br />SUBJECT: PROPOSED ORDINANCE ENTITLED: <br />AN ORDINANCE OF INDIAN RIVER COUNTY, <br />FLORIDA, AMENDING THE AUTHORITY OF <br />THE COUNTY ADMINISTRATOR OR HIS DESIG- <br />NEE TO RELEASE SIDE LOT EASEMENTS IN <br />CERTAIN CIRCUMSTANCES. <br />From time to time the Board of County Commission is asked to release <br />side lot utility easements. Usually these requests are with respect to a <br />closing or a building permit. These requests are coordinated with the <br />appropriate departments in the County and the City and with the <br />appropriate private utilities. An item is then prepared for the BCC <br />and placed on the agenda for BCC action. This process is necessarily <br />time consuming; however, the process can be speeded up if the County <br />Administrator is authorized to execute the release rather than the BCC- <br />REQUEST: <br />CC. <br />RE UEST: Staff recommends approval of the attached proposed <br />ordinance. <br />Assistant County Attorney Terry O'Brien advised that this <br />ordinance will expedite releases of easements. He explained that <br />many times 2 small lots are combined and a house is built over the <br />easement. When the property is sold or refinanced, a title search <br />reveals that the easement was never released, and the closing must <br />be delayed until a release is approved by the Board. Attorney <br />O'Brien suggested modifying the ordinance to read as follows: "The <br />County Administrator may execute on behalf of the County releases <br />of side or rear lot easements that are unnecessary because of the <br />joining of lots to form a building parcel." <br />Commissioner Eggert asked if language could be added to the <br />ordinance stating that any requests denied by the County Attorney <br />can be appealed to the Board. <br />Attorney O'Brien indicated that a sentence to that effect will <br />be added to the ordinance. <br />The Chairman opened the public hearing and asked if anyone <br />wished to be heard in this matter. There being none, he closed the <br />public hearing. <br />40 <br />