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TO: James E. Chandler <br />County Administrator <br />DEP-ARTMENT HEAD CONCURRENCE: <br />Robert M. Keating, AICP1 <br />Community Development Director <br />THROUGH: Roland M. DeBlois, AICP <br />Chief, Environmental Planning <br />& Code Enforcement <br />FROM: Charles W. Heath CSW - <br />Code Enforcement Officer <br />DATE: October 08, 1997 <br />SUBJECT: Release of Easement Request by Daniel L Kabatt and Diane L. Kabatt: <br />Lot 9, Plantation Ridge Subdivision (117 N. 191 Circle SW) <br />It is requested that data herein presented be given formal consideration by the Board of County <br />Commissioners at its regular meeting of October 14, 1997. <br />DESCRIPTION AND CONDITIONS <br />The County has been petitioned by Daniel J. Kabatt and Diane L. Kabatt, owners of the subject <br />property at 117 N. 19th Circle SW, for the release of a 50 linear foot portion of a drainage and utility <br />easement on the property. The purpose of this request is to resolve an easement encroachment <br />relating to a portion of an existing residence and a concrete pool deck. <br />The plat map of the subject property (Lot 9 of Plantation Ridge Subdivision) depicts a 16 1/2 'wide <br />AT & T easement along the eastern boundary of the subject property. A separate, additional <br />7 '/2` wide drainage and utility easement runs parallel to the AT & T easement, resulting in a <br />combined easement area 24` wide along the eastern property line (see attachment). <br />In 1990, before the house and pool deck were built, the property owners obtained a release of the <br />AT&T easement from AT&T. In 1991, County staff issued building permits for the house and pool <br />deck based on an erroneous survey that depicted the 7.5' drainage and utility easement within (rather <br />than outside oo the AT&T easement that had been released. Because of the survey error, a current <br />easement encroachment exists. <br />ALTERNATIVES AND ANALYSIS <br />The request has been reviewed by Bell South Communications, Florida Power & Light Corporation, <br />T.C.I. Cable Corporation, the Indian River County Utilities Department, and the Road & Bridge and <br />Engineering Divisions. Based upon their reviews, it is staffs position that the easement release would <br />have no adverse impact to utilities being supplied to the subject property. Moreover, the easement <br />release will resolve a building encroachment that resulted from a survey error. <br />OCTOBER 14, 1997 13 <br />8m 103 FACF 9 <br />