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BOOK PAL In view of the foregoing, staff asks that the Commission consider, without thought of any legal obligations, whether Storm Grove Road should be constructed to serve Sand Pines. To assist in this determination, Jim Davis Director of Public Works has provided the following information concerning the construction of Storm Grove Road. It is the Public Works Department's opinion that Storm Grove Road should be -extended to the 40 acre Vero Sand Pines Property for the following reasons: 1. The 57th Street ( Storm • Grove Road) corridor has been included on the County's thoroughfare plan for at least 10 years. 2. The existing railroad crossing serving Hawk's Nest is not serving the general • public but only the membership of Hawk's Nest. Railroad crossings are a valued commodity and public crossings should serve the general public. - 3. If the Vero Sand Pines property is developed into a residential community, the 57th Street roadway alignment will provide utilization of a public right-of-way which meets the "State of Florida Manual of Uniform Minimum Standards for the Design-, Construction, and Maintenance of Streets and Highways." It will be difficult, if not impossible, to accommodate utilities, storm water management, and standard roadway within the 24' easement between the -existing railroad crossing and the Vero Sand Pines property. 4. The County has construction security to construct this section of Storm Grove Road. These funds will be utilized. If the Commission determines that' Storm Grove Road should be constructed to serve Sand Pines then staff will proceed in accordance with that determination. If the Commission determines that Storm Grove Road should not be constructed to serve Sand Pines then in view of the -difference in interpretation of the obligations under the developer's agreement between staff and the attorney for Hawk's Nest, it appears that this question can best be answered by the Courts under declaratory judgment procedures and staff recommends this approach. The purpose of a declaratory judgment is to determine rights and duties without having to resort to a tort or breach of contract as a prerequisite to a judicial determination. It is a relatively quick and inexpensive method of resolving doubt. Sand Pines and Hawks' Nest would be parties to this proceeding. A draft Complaint for Declaratory Judgment is attached for information. Recommendation: Staff* recommends that the Commission- direct staff to proceed to imitate permitting of a railroad crossing at Storm Grove Road and direct -Hawk's Nest to construct Storm Grove Road to Sand Pines in accordance with the developer's agreement or in the alternative authorize staff to seek a declaratory judgment as to the County's legal responsibilities under the developer's agreement. 54 November 1, 1994 L_ I I