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The staff of the Department of Utility Services requests <br />authorization for the Department to proceed with the design <br />engineering work in preparation for the special assessment project. <br />ON MOTION by Commissioner Ginn, SECONDED by Commissioner <br />Tippet, the Board unanimously authorized staff to proceed with the <br />design engineering work in preparation for the special assessment <br />project, as recommended by staff. <br />12. LUNDBERG ROAD RELOCATION/ASSOCIATED EASEMENTS - <br />MAPLE LEAF PROPERTIES, INC. - SIDNEY M. BANACK, JR. - <br />HOME DEPOT <br />The Board reviewed a Memorandum of July 11, 1997: <br />TO: The Board of County Commissioners <br />FROM: pf-,"William G. Collins II- Deputy County Attorney <br />DATE: July 11, 1997 <br />SUBJECT: Lundberg Road Relocation/Associated Easements <br />BACKGROUND <br />On November 5, 1996 the Board of County Commissioners by Resolution No. <br />96-134 approved an exchange of lands with Sidney M. Banack. The County <br />agreed to deed old Lundberg Road lying immediately north of the Main Relief <br />Canal in exchange for 60 feet of property at the north end of Mr. Banack's <br />property, as well as additional right-of-way for the widening of King's Highway. <br />Lundberg Road provides access to the Mueller Campus of Indian River <br />Community College, and the relocation provides for a safer intersection and <br />access. <br />That resolution provided that each party to the exchange would convey "good <br />and marketable title, free of any encumbrances". <br />Subsequent to the exchange agreement, in the first half of 1997, the Board of <br />County Commissioners approved a planned development for Home Depot on <br />property immediately north of the "new" Lundberg Road. The site plan approved <br />for Home Depot showed water, sewer and drainage from the Home Depot site <br />under the "new" Lundberg Road to a stormwater basin on the south side of the <br />°new° Lundberg Road (the Banack property). <br />REQUESTS <br />Home Depot is attempting to close on their property July 15, 1997 (today). <br />However, they are looking for assurances that when the deeds for the old and <br />new Lundberg Road are exchanged, that the County will grant them the water, <br />sewer and drainage easements under the "new" Lundberg Road as depicted on <br />their approved site plan. <br />JULY 15, 1997 NUN 102 PAGE <br />37 <br />