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K. Acceptance of Deed and Grant of Easement Over 10 -Ft. Strip of Land Lying Between I.R. Mall & I.R. Square The Board reviewed the following memo dated 8/14/96: TO: The Board of County Commissioners FROM: William G. Collins II - Deputy County Attorney DATE: August 14, 1996 SUBJECT: Acceptance of Deed to, and Grant of Easement Over a 10 -Foot Strip of Land Lying Between the Indian River Mall and Indian River Square Developments During the development of the Indian River Square project at the northwest corner of S.R. 60 and Kings Highway, title work discovered a 10 -foot strip of land on the west boundary of the property titled in the Indian River Farms Water Control District. The developer approached the District regarding acquisition of the property. Rather than go through statutory procedures to surplus lands, the Indian River Farms Water Control District executed a quit -claim deed to Indian River County dated August 24, 1995. The deed was delivered to the County on July 23, 1996. At this stage, the developers of Indian River Square have an approved site plan and no need to acquire the land other than to satisfy Board of County Commission imposed conditions for interconnection between the Indian River Mall and Indian River Square. Further, FDOT has required the developers to have a joint ingress/egress access point on S.R. 60 at their common property lines. In order to accomplish the common access point and interconnections, the owners of the Indian River Mall and Indian River Square developments need an easement from the owner of a 10! x 1,160' strip of land. RECOMMENDATION: 1. Board of County Commissioners accept the quit -claim deed from the Indian River Farms Water Control District for the west 10 feet of Tract 8, Section 5, Township 33 South, Range 39 East, according to the last general plat of lands for Indian River Farms Company. 2. The Board of County Commissioners authorize the Chairman to execute an easement running in favor of the owners of the Indian River Mall and Indian River Square projects which easement would allow the 10 -foot strip to be utilized by the grantees for the purpose of common ingress, egress, access, cross -connection of internal driveways, landscaping, sodding and irrigation of any medians within such common access driveway. Deputy County Attorney Will Collins advised that the Board's permission is needed to expand the purposes for which we are giving the easement to include pedestrian interconnections, electrical conduit under the strip, utility drainage, etc. We want to make sure that it is clear on the record that it is broad enough to cover all their intended uses. 26 AUGUST 20, 1996 BOOM 98 f' E 45