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The Board reviewed a Memorandum dated October 7, 1997: TO: The Board of County Commissioners FROM: tr,., William G. Collins II - Deputy County Attorney DATE: October 7, 1997 SUBJECT: Release and Substitution of Conservation Easement - Lindsey Lanes Subdivision, Phase I (Yolanda Beristain - Lot 1, Block B) BACKGROUND: On July 26, 1994 the Board of County Commissioners approved the transfer of a Conservation Easement in Lindsey Lanes Subdivision from Lot 16, Block A to Lot 1, Block B. This allowed a pool to be built on the former lot, and the develop felt the latter lot was less desirable since it was at the entrance of the subdivision. The Board also approved the concept of creating a 3-1/2 acre native upland "land bank" to be utilized in future situations where circumstances within the Lindsey Lanes Subdivision required the release of platted conservation easements. The original developer, Stolle Development Corporation, placed approximately 3-1/2 acres of contiguous property which they owned south of 13th Street, S.W. and west of 27th Avenue under a conservation easement. The conservation easements within Lindsey Lanes Phase I Subdivision were at times precluding the development of accessory uses such as swimming pools on certain lots. Since the approval of the "land bank" by the County Commission and recordation of the Conservation Easement at O.R. Book 1030, Page 428, Public Records of Indian River County on August 11, 1994, the Board has approved releases on 19 lots. REQUEST: The developer did sell Lot 1, Block B and the owner, Yolanda Beristain, cannot build without a release of the conservation easement. The proposal before the Board would release the 47' x 80' conservation easement from her lot. The unutilized square footage in the land bank area stands at approximately 120,418 square feet at this time. If granted the remaining acreage in the land bank covered by a conservation easement would exceed amounts released by 116,658 square feet or 2.68 acres+/-. RECOMMENDATION: Authorize the Chairman to execute the attached Release and Substitution of Conservation Easement for Lot 1, Block B. /nhm Attachments: Release and Substitution of Conservation Easement Plat depicting Lot 1, Block B, Lindsey Lanes Subdivision j Letter dated October 3, 1997 from Yolanda Beristain t OCTOBER 14, 1997 33 BOOK 103 F -AG '3