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BOOR 1h Fr1UE �3 <br />The description of the easement the Collinses agreed to convey to the County <br />was based upon a November 18, 1988 survey completed by Dana Howard of <br />Carter Associates, Inc. I noticed that the buildable portion of the property to be <br />retained by Collins was dimensioned at 200 feet but scaled out to 212.25 feet. <br />This 12.25 -foot discrepancy was reconciled by a corrected description from Mr. <br />Howard dated October 19, 1999. However, Howard's new description made a <br />call in the description running to the river 31.11 feet as opposed to the 46 feet <br />depicted in the 1988 survey. <br />I inquired as to this change in the dimension and Mr. Howard pointed out that the <br />1988 survey depicted only "approximate mean high water line" as shown on an <br />earlier 1986 drawing. Mr. Howard stated that he had verified the 31 -foot <br />dimension by actual elevations shot in the field, and that 31 feet running south to <br />the water was a correct boundary dimension. <br />Based upon the representations of Mr. Howard as to the reasons for the minor <br />corrections to the description of the conservation easement, I recommend that <br />the County Commission: <br />1) accept the grant of conservation easement, consistent with the <br />"Agreement to relinquish purchase option right in exchange for <br />grant of conservation easement" dated July 13, 1999; <br />2) authorize the Chairman to execute acceptance of the easement, <br />and <br />3) authorize the County Attorney's Office to record the conservation <br />easement in the public records of Indian River County. <br />Commissioner Stanbridge felt she could not support the conservation easement as Mr. <br />Collins will be holding the conservation easement property for Indian River County and <br />some of the prohibitions are overshadowed by rights, such as the right for passive recreation. <br />She felt there should be more specific representations as to the party responsible for <br />determining the rights and prohibitions. <br />Deputy County Attorney Will Collins noted that the form had been presented to the <br />Board in July of this year when the County agreed to exchange rights in return for the grant <br />of easement by Mr. Collins. <br />Community Development Director Bob Keating stated that this easement is consistent <br />with the County's standard easement. <br />DECEMBER 14, 1999 <br />