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13,B, <br />Office of Attorney's Matters 04/09/2019 <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 />THROUGH: Jason E. Brown, County Administrator <br />FROM: William K. DeBraal, Deputy County Attorney <br />DATE: April 3, 2019 <br />SUBJECT: Grant of Easements to the City of Vero Beach for the former <br />Dodgertown Golf Course Property <br />On January 22, 2019, the Board of County Commissioners approved a revised offer to <br />purchase the former Dodgertown Golf Course from the City of Vero Beach. The City <br />approved the revised offer on February 5, 2019, with the deletion of one whereas clause, <br />which was approved by the Board on February 12, 2019. The City has asked the County <br />for certain easements over the property. Those easements are as follows: <br />D A 15' Utility Easement for water and sewer running parallel and adjacent to 43rd <br />Avenue from Aviation Boulevard to the Main Relief Canal. The proposed Utility <br />Easement is attached to this memorandum. <br />D A 20' Drainage and 1.27 acre Stormwater easement for stormwater drainage and <br />treatment from Aviation Boulevard in its improved four lane design. The proposed <br />stormwater easement area covers an existing pond near the cloverleaf ball ballfields. <br />The proposed Easement for Drainage and Stormwater is attached. <br />D An Avigation Easement covering 3.66 acres over the northwest corner of the Property <br />adjacent to 43rd Avenue and Aviation Boulevard. An avigation easement allows the <br />holder of the easement to conduct the normal operations of an airport and airplane <br />traffic. The easement also prohibits construction of towers over 100' in height, trees <br />over 100' in height, certain types of glare producing lighting and creating an <br />environment that would attract or result in a concentration of birds. As the County <br />develops its plans for improvement of the Property, the City's Airport Director will <br />have to be consulted to make sure the plans are in compliance with the Avigation <br />Easement and FAA regulations. Keep in mind this easement covers only about 10% <br />of the entire Property. <br />Staff has no objection to the three easements as they provide a beneficial purpose to the <br />public with a minor impact to the Property. <br />150 <br />