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s A South Vero Square - Marginal Access Easement Release The Board reviewed the following memo dated 7/15/96: TO: The Board of County Commissioners FROM: ua(., William G. Collins II - Deputy County Attorney DATE: July 15, 1996 SUBJECT: South Vero Square - Marginal Access Easement Release In 1988 Indian River County was granted a marginal access easement running through the parking lot and driving aisles of the South Vero Square Shopping Center located at the northeast corner of Oslo Road and U.S. Highway 1. The dedication of the easement was a requirement of the ordinances in place at that time. The easement runs through the center of an out parcel to the shopping center which is now under site plan review. In order for a building to be located centrally on the out parcel, the marginal access easement needs to be released. Robin Lloyd, Esq. has requested a release of the marginal access easement in lieu of a relocation on behalf of the owners of the shopping center and the out parcel. A release would be consistent with --developments in case law since 1988 which have generally struck down such marginal access easements as conditions of development. It should be noted that the Indian River County Code requirement for inter -connecting parking lots still remains satisfied by virtue of reciprocal access easements between the shopping center and its various out parcels as well as the design of an inter -connecting drive to connect to the property to the north on U.S. 1. RECOMMENDATION: Authorize the Chairman to execute the attached Release of Marginal Access Easements with respect to South Vero Square Shopping Center. WGC/nbm \memo\bcc25.doc ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the Release of Marginal Access Easements with respect to South Vero Square Shopping Center. RELEASE OF MARGINAL ACCESS EASEMENTS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 15 JULY 235 1996 BOOK 98 Foy -591