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BOOK PAGE iG <br />12.B. PARTIAL RELEASE OF EASEMENT - SEBASTIAN <br />HIGHLANDS - ST. JOHNS RIVER WATER <br />MANAGEMENT DISTRICT (REVISION OF ITEM 12 ON <br />APRIL 11, 2000 AGENDA) <br />The Board reviewed a letter of April 17, 2000: <br />WARREN W Da.L DILL & EVANTs, LC <br />,l, ad,, UMd in ATTORNEYS AT LAW <br />wyoming 1515 US Highway 1, Suite 201 <br />Nebruka Sebastian, Florida 32958 <br />April 17, 2000 <br />Terry O'Brien, Acting County Attorney <br />1840 25'" Street <br />Vero Beach, FL 32960 <br />Re: Purchase of Land by St. Johns River <br />Water Management District <br />Dear Tem'. <br />JoHN G. EVANS <br />f "o Y 4-1 �a� of'n A8ew <br />lA 192g ^ ,t. ! 1V\ <br />44!�Q�_HEA E s <br />On Tuesday, April 11, 2000, the Board of County Commissioners signed a Partial Release of <br />Easements in order to release any right the County had to use platted utility easements located on portions <br />of plats for Sebastian Highlands. This was a requirement by St. Johns before they would purchase this <br />property for waste management purposes. <br />On Tuesday afternoon following the Commission meeting, I was advised by the attorneys <br />representing St. Johns that the Partial Release also needed to include a reference to paragraphs 10 and 12, <br />respectively, of the Declaration of Restrictions for Sebastian Highlands, Units Sixteen and Seventeen. <br />These are identical paragraphs and they require lot owners to connect to a central water distribution system <br />or sewer service facilities when they are constructed. Since there will not be any homes on this property <br />because of its use for water management purposes, there is no reason to retain the right to require lot <br />owners to connect to water and sewer services. <br />To accommodate the new requirement 1 added a new WHEREAS provision at the end of the <br />WHEREAS paragraphs and a new last sentence under the NOW, THEREFORE paragraph. <br />Unfortunately. the Board had already approved the Partial Release before I was aware of this <br />additional requirement. I apologize for the inconvenience, but it would be greatly appreciated if you could <br />add this item to the Commission agenda for the April 18' meeting. This appears to be the only item that <br />could delay the closing, which was scheduled to occur this week. <br />APRIL 18, 2000 <br />-76- <br />