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�D <br />Office 0, f Con,ont Agenda 06/19/18 <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: William K. DeBraal, Deputy County Attorney <br />DATE: June 13, 2018 <br />1V <br />SUBJECT: Request for Amended Access. Easement to Datapath Tower, LLC for former <br />Emergency Services Tower <br />You may recall the former County jail property at 1725 17th Street was surplused and divided between <br />the Boys & Girls Club and St. Francis Manor and portions of the property were added to their <br />respective leases with the County. The 150 foot guyed tower at the old jail site was not made part <br />of those leases and remained County property until July 5, 2016, when the Board approved sale of <br />the tower site to Datapath Tower LLC for $175,680.00. At that time, Datapath planned to rehab <br />and update the tower to allow for additional antennae arrays to be co -located on the tower. Since <br />that time, Datapath has changed its plans and has applied to the City of Vero Beach to construct a <br />new monopole tower on the site. No guy wires will be needed for the new tower. The change in <br />plans necessitates four new documents: <br />1. Since a new tower will be constructed, the footprint of the tower will expand slightly together <br />with the City requirement of a landscape buffer around the base of the tower site. Datapath <br />seeks an additional 10 foot Utility Equipment and Landscape Easement around the existing <br />fence in order to accommodate for additional equipment and compliance with City code. The <br />Utility Equipment and Landscape Easement is attached as Exhibit "A". <br />2. The proposed new tower will not require guy wires and therefore the property underneath the <br />guy wires is not needed and will be returned to the County by Datapath. The Special <br />Warranty Deed to the County is attached as Exhibit "B". <br />3. In order to provide for construction of the new tower, Datapath has requested a different <br />access easement. The existing access easement granted to Datapath at closing is not <br />sufficient for maneuvering of heavy equipment during construction of the new tower. The <br />New Access and Parking/Turnaround Easement is attached as Exhibit "C". <br />4. Finally, the City has requested a formal Utility Easement be recorded as part of the site plan <br />approval process. The existing electric lines that have served the tower have been in the <br />same location for years, but were never described in a recorded easement. The 10 Foot <br />Wide Utility Easement satisfies the City's request for a formal Utility Easement and is <br />attached as Exhibit "D". <br />119 <br />