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12.J. UTILITIES SERVICES <br />12.J.1. PROPOSED PROPERTY EXCHANGE WITH KEN MCKELLAR AT THE <br />NORTHEAST CORNER OF 31ST AVENUE & 49TH STREET <br />(Clerk's Note: This item was discussed following Item 10.B.1. Public Discussion Items, <br />and is placed here for continuity). <br />Director of Utilities Erik Olson presented conditions, description, and analysis pertinent <br />to Ken McKellar's proposal to exchange his 2.24 acre parcel on the corner of 31St Avenue and <br />49th Street with 2.24 acres owned by the County located south and adjacent to his other property <br />at 5290 31st Avenue. Director Olson advised that Mr. McKellar had represented the sellers of the <br />multiple parcels comprising the 34.4 acres that had been acquired by the Utilities Department for <br />a future stormwater park and that staff saw no benefit to the stormwater park project in terms of <br />the property exchange. He relayed that Mr. McKellar had initially requested certain zoning <br />criteria to be effected prior to the swap, and from that standpoint, staff could not recommend the <br />transaction. Director Olson pointed out, however, that the Indian River Farms Water Control <br />District ("IRFWCD") has been granting the County access on a portion of 31st Avenue, and the <br />proposed property exchange would stabilize the County's right-of-way on that segment of 31st <br />Avenue. <br />A lengthy discussion ensued as the Board and staff speculated on whether IRFWCD <br />would continue to allow the County right-of-way access on 31st Street. <br />Director Olson provided additional background history on the County's purchase of the <br />future stormwater park site, and divulged that the County has only verbal authorization from <br />IRFWCD to use the access easement, despite requesting written permission. He observed that it <br />is possible that IRFWCD might never have an issue with the County using the subject right-of- <br />way. <br />June 12, 2012 14 <br />BK 142 PG 565 <br />