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!? 6 <br /> Instrument was prepared under the <br /> Supervision of Marian E. Fell, <br /> Assistant County Attorney <br /> COUNTY ATTORNEY'S OFFICE n S <br /> RELEASE OF EASEMENT <br /> WHEREAS , INDIAN RIVER COUNTY, a political subdivision of the State of <br /> Florida , whose address is 1840 25th Street , Vero Beach , FL 32960 ( " County" ) was <br /> granted Marginal Access Easements immediately adjacent to U . S . Highway One in <br /> Sebastian , Indian River County, Florida , which were recorded in the public records of <br /> Indian River County , Florida , in Official Records Book 761 , Page 1873 , and Book 954 , <br /> Page 1486 ; and <br /> WHEREAS , HOME DEPOT U .S .A. , INC . , a Delaware corporation , whose <br /> address is 1586 Frederick Boulevard , Akron , OH 44320 (" Home Depot" ) has purchased <br /> the former " KMART" property on U . S . Highway One in Sebastian in Indian River <br /> County , Florida , and is planning to develop it as a new Home Depot store ; and <br /> WHEREAS , portions of the existing Marginal Access Easements run along the <br /> side of the existing building and would encroach into the Home Depot' s proposed <br /> parking area and thereby restrict future expansion ; and <br /> WHEREAS , Home Depot has requested that the County release portions of the <br /> existing Marginal Access Easements , more specifically described on Exhibit "A" <br /> attached hereto and incorporated herein by this reference , <br /> WHEREAS , County staff has determined that the release of the requested <br /> portions of the Marginal Access Easements described on Exhibit "A" would not <br /> adversely affect the County; and <br /> NOW, THEREFORE , THIS RELEASE OF EASEMENT executed by County <br /> releases and abandons any and all right , title , and interest that County may have in the <br /> property described on Exhibit "A . " <br /> IN WITNESS WHEREOF , County has caused this Release of Easement to be <br /> executed in its name this 6th day of awj „ , 2004 . <br /> Attest -J . K . Barton , C INDIAN RIVER COUNTY, FLORIDA <br /> Y `� , -�" By eilixi�( J <br /> Deputy Clerk Caroline D . Ginn , OKairman <br /> Board of County Commissioners <br /> Ap r e s to fo I gal su ici y: <br /> B .m.� <br /> Y <br /> Kan <br /> Assistant County Attorney <br /> F:\Attorney\Lea\Docs\deed\release pt marg access easement home depot.doc <br />