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07/02/2024 (3)
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07/02/2024 (3)
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Last modified
5/29/2025 2:51:26 PM
Creation date
9/12/2024 2:53:11 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/02/2024
Meeting Body
Board of County Commissioners
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Vl7 <br />Ofce of Consent Agenda 0710212024!" <br />INDIAN RIVER COUNTY;' <br />ATTORNEY{ <br />William K. DeBraal, County Attorney <br />Susan J. Prado, Deputy County Attorney <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: William K. DeBraal, County Attorney <br />DATE: June 25, 2024 <br />SUBJECT: Termination and Release of Easement <br />In 1997, the County acquired the attached Easement for clearing, regrading and maintaining a ditch <br />located roughly north of the intersection of County Road 510 and 66th Avenue. Unfortunately, the <br />legal description used in the Easement is vague and after consultation with the County Surveyor, a <br />definite location of the Easement could not be determined in the field. <br />The County Attorney's Office was recently contacted by CQCC Investments, Inc., a Florida <br />corporation. CQCC owns several parcels of property in the same vicinity as the Easement and <br />seeks to unify the parcels. See the attached aerial photo depicting the CQCC parcels. The title <br />company reviewing title for the unification of the parcels encountered the Easement, which due to <br />its vague legal description, acts as a cloud on the title of the nearby CQCC properties. CQCC has <br />asked the County to abandon the Easement and after consultation with the Public Works Department <br />and the Community Developmental Services Department, no objection was raised. <br />Funding. There is no impact to County funding as CQCC has agreed to pay for the costs of recording <br />the attached Termination and Release of Easement. <br />Recommendation. Staff recommends the Board of County Commissioners approve the <br />Termination and Release of Easement and authorize the Chairman to execute the Termination. <br />Attachments: 1997 Easement <br />Aerial photo of the area <br />Termination and Release of Easement <br />Copies to: Tracy Lutz, Esq., Attorney for CQCC <br />66 <br />
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