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a � <br />CONSENT: 11/13118 <br />Office of <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 />TO: Board of County Commissioners <br />FROM: William K. DeBraal — Deputy County Attorney <br />DATE: October 31, 2018 <br />SUBJECT: Abandonment of Sanitary Sewer Manhole and Associated Piping within <br />Private Easement on Lot 32, Quail Creek PD <br />In September, 2011,.the utility facilities within Quail Creek PD (now known as Summer Lake) <br />were conveyed to Indian River County ("County") under a Bill of Sale of Utility Facilities by <br />ATLAS FL I SPE, LLC, a North Carolina limited liability company; said Bill of Sale of Utility <br />Facilities was recorded in Book 2533, Page 571 of the Public Records of Indian River County, <br />Florida. <br />According to the as-builts, a sanitary sewer manhole and associated piping are located within Lot <br />32. Those utility facilities were also enumerated in that Bill of Sale of Utility Facilities and were <br />constructed to serve Phase 2 of the West Wabasso Sewer Project, however no easement to access <br />the facilities within Lot 32 was given to the County, but rather a private easement was conveyed <br />between property owners. <br />GRBK GHO Summer Lake, LLC, the predecessor of Quail Creek PD (now known as Summer <br />Lake) and owner of Lot 32, commenced construction of a home on Lot 32 only to find out that the <br />footprint of the home encroached into the private easement containing the sanitary sewer manhole <br />and associated piping. <br />County staff met with the manager of GRBK GHO Summer Lake, LLC, and in exchange for the <br />abandonment of the utility facilities within Lot 32 by the County, GRBK GHO Summer Lake, <br />15 <br />