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10i FAVE 30 G. Habitat for Humanity - Deed of 44th Place Road Right -of -Way The Board reviewed a Memorandum of March 21, 1997: TO: Board of County Commissioners FROM: Terrence P. OBrien, Assistant County Attorne37�0 DATE: March 21, 1997 RE: DEED OF ROAD RIGHT-OF-WAY FROM HABITAT FOR HUMANITY Several weeks ago the county acted as a conduit between the U.S. Marshal and the Habitat for Humanity for the transfer of deeds for land seized by the U.S. Marshal. One parcel of property that was included in the transfer was 44th Place right-of-way. The Habitat has no need for this right-of-way and they have executed a quit- claim deed back to the County for the right-of-way (copy attached) - It is recommended that the County accept the deed. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously accepted the Quit -Claim Deed from Indian River County Habitat for Humanity, Inc. for the 44th Place Right -of -Way, as recommended by staff. DEED WILL BE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY H. Grimm Property - County Easement The Board reviewed a Memorandum of March 21, 1997: TO: Board of County Commissioners oA'.)A FROM: Terrence P. O'Brien, Assistant County Attorney I' DATE: March 21, 1997 RE: COUNTY EASEMENT GRIMM PROPERTY The County entered into a land swap with Mr. and Mrs. Grimm. Mr. Grimm is concerned about the retention of the easement by the County which contains no restrictions on the utility easement. The original deed from Indian River County to Grimm back in the 1980's limited the County easement to subsurface use. When the 1996 swap occurred the easement retained by the County was silent as to a subsurface limitation. The current easement reservation would be amended by a corrective deed to allow only subsurface utilities. Recommendation: The Chairman be authorized to execute the attached correction deed which would limit the County's easement to subsurface utilities. APRIL. 19 1997 24