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William K. DeBraal, County Attorney <br />Susan J. Prado, Deputy County Attorney <br />F <br />Of Ce of Consent 07/02/2024 <br />INDIAN RIVER -COUNTY <br />ATTORNEY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />THROUGH: Kirstin Leiendecker, P.E., Interim Public Works Director <br />FROM: William K. DeBraal, County Attorney <br />DATE: June 25, 2024 <br />SUBJECT: Drainage Easement Agreement for 11th Drive <br />The Harbor Bluffs development is located north of 3711 Street on either side of 11th Drive. The project <br />is being constructed in phases, with the single-family phases on the northwest side of 11th Drive, <br />now known as Costa Pointe PD, and the multi -family phase on the southwest side of 1111 Drive now <br />known as Verity PD, collectively referred to as the Projects. Please see the aerial photo attached to <br />this memorandum. The developers of the Projects are currently constructing 11th Drive from 37th <br />Street to 41St Street pursuant to a Developers Agreement dated October 22, 2019. Part of the <br />Developers Agreement calls for the developer of the multi -family phase of the project, TTRES FL <br />Vero Beach 11th, LLC (TTRES) to take in stormwater from the newly constructed 11th Drive into the <br />Verity PD stormwater treatment system. The Developers Agreement calls for TTRES to dedicate <br />without compensation a drainage easement to convey the stormwater into the Verity stormwater <br />pond on the west side of 11th Drive, and for the County to maintain the underlying pipe in the <br />easement. <br />The attached Drainage Easement Agreement for 11th Drive establishes the necessary drainage <br />easement and confirms the County's maintenance obligation contained in the Developer's <br />Agreement. A sketch and legal description of the Drainage Easement Agreement for 11th Drive is <br />included with the easement. <br />Funding. The only impact to County funds brought about by this easement are recording fees in the <br />amount of $61.70 which is currently budgeted and available from Traffic Impact Fees 2020/District <br />2/Aviation Ext-US1 to 37th & 41St Street via 11th Drive, Acct# 10415241-066510-22010. <br />Recommendation. Staff recommends the Board of County Commissioners approve the Drainage <br />Easement Agreement for 11th Drive and authorize the chairman to sign the Drainage Easement on <br />behalf of the Board. <br />Attachments: Aerial photo of 1111 Drive <br />Drainage Easement Agreement for 11th Drive <br />Copies to: David Arons, Attorney for TTRES at darons@saxon-partners.com <br />Kirstin Leiendecker, P.E., Interim Public Works Director <br />57 <br />