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HomeMy WebLinkAbout2007-226 C COUNTYATTORNEY'S OFFICE • • • b INDIAN RIVER COUNTY 1867267 Z � d 7 • 1601 27th Street THIS DOCUMENT HAS BEEN RECUKuED Florida 32960 Vero beach , IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2196 PG : 1542, Pagel of 9 PROPERTY EXCHANGE 08!2412007 at 09:08 AM, JEFFREY K BARTON, CLERK 01= between COURT INDIAN RIVER COUNTY, HIGHLAND REALTY, LLC AND HORIZON NURSERY OF FLORIDA, LC This agreement entered into this / day of J& AX6 , 2007 by Indian River County, Florida , a political subdivision of the State of Florida , 1840 251h Street, Vero Beach, FL 32960 , hereinafter called "County' and Horizon Nursery of Florida , LC , a Florida limited liability company, 795 12th Avenue SW, Vero Beach , FL 32962 , hereinafter called "Horizon" and Highland Realty, LLC, a Florida limited liability corporation, 1975 Sansbury Way, Suite 114, West Palm Beach , FL 33411 , herein after called "Highland ' agree as follows: WITNESSETH : WHEREAS , the County is planning certain road improvements along Oslo Road east and west of the intersection of 12th Avenue SW; and WHEREAS , during the course of planning and right-of-way acquisition for the road way improvements , the County discovered that a hiatus existed abutting Horizon , Highland and the County's property; and WHEREAS, a hiatus is a parcel of land with no known ownership or ownership that would be difficult to trace in order to achieve clear title; and WHEREAS, the County can last derive title of the 30 foot hiatus strip to the Indian River County Farms Company, a Florida corporation that has been dissolved since 1936; and 1 WHEREAS, the County would like to utilize the hiatus strip for u, easement to be used to drain stormwater from the Oslo Road improvements; and f>14A WHEREAS, the County, Highland and Horizon have agreed that a root of title to the property could begin via an exchange of quit claim deeds among the parties ; and WHEREAS, the parties have agreed that the exchange of quit claim deeds is a fair resolution to ownership of the hiatus and is preferable to a quiet title suit; and WHEREAS, County, Horizon and Highland would receive 15 feet of additional property added to their existing parcels ; and o WHEREAS , Horizon and Highland will grar# a E49ity easet o the County over the entire of the hiatus; and me WHEREAS, in 2001 , Horizon granted to the County an easement for drainage purposes along the western most edge of Horizon's property recorded at O. R. Book 1446 Page 2997; and WHEREAS , the County no longer needs and can abandon the drainage easement as it will be able to use the hiatus for its drainage needs; and WHEREAS, Horizon has constructed a 6 foot chain link fence along its western property line that may be impacted by construction of the Oslo road improvements; and WHEREAS , if during construction of the Oslo Road improvements Horizon's fence needs to be temporarily taken down , the County will replace the fence in as good or better condition one foot inside Horizon's property and not on the property line. NOW, THEREFORE, in consideration of mutual terms, conditions, promises, covenants and promises hereafter, the County, Highland , and Horizon agree as follows : 1 . The above recitals are true and correct and incorporated herein. 2 2 . The hiatus as depicted on Exhibit A attached hereto and incorporated herein shall be divided by an exchange of quit claim deeds as follows: a . The County shall by quit claim , deed grant to Horizon all of its right, title, and interest in the east 15 feet of the hiatus property described on Exhibit A and attached hereto; b. Horizon shall grant to the County all of its right, title, and interest to the west 15 feet of the hiatus property described Exhibit A attached hereto; and C. Horizon shall grant to Highland all of its right, title, and interest to the west 15 feet of the hiatus property described on Exhibit A and attached hereto. d . Highland shall grant to Horizon all of its right, title, and interest to the east 15 feet of the hiatus property described on Exhibit A and attached hereto. 3. Horizon shall grant to the County a temporary construction easement over the hiatus parcel said easement to expire on December 31 , 2008 . 4. Highland shall grant to the County a temporary construction easement over the hiatus parcel; said easement to expire on December 31 , 2008 . 5 . The County shall retain a drainage and utility easement over the entire hiatus property. 6 . The County no longer needs and hereby authorizes the Chairman to execute a document terminating the easement for drainage in favor of the County located at 0. R. Book 1446 Page 2997 attached as Exhibit " B". 7 . Horizon has constructed a 6 foot high chain link fence along its western most border. If this fence needs to be taken down or removed during the course of the Oslo Road improvement project, The County will repair or replace said fence in as good or 3 better condition than its current state. The fence shall be relocated to a location one foot east of Horizon's new western most property border measured from the center of the hiatus. 7. Each party would pay their own attorney's fees , recording costs and any costs associated with this agreement. 8. This agreement sets forth the entire agreement and understanding between the parties. 9. Any amendment, modification , or change to the agreement shall be valid only if it is in writing and executed by all parties thereto. 10 . Any dispute arising out of this agreement shall be governed by and construed in accordance with the laws of the State of Florida . Venue for any dispute shall lie in Indian River County, Florida. 11 . The parties shall grant such further assurances and provide such additional documents as may be required by one and other from time to time and to cooperate fully with one and other in order to carry out the terms and conditions of this agreement. 12. In the event any term , condition , or clause of this agreement is declared to be illegal or unenforceable by a court of competent jurisdiction , such declaration of illegality or enforceability shall not affect the legality or enforceability of any remaining term , condition , or clause as set forth in this agreement. 4 IN WITNESS , the County, Highland and Horizon has caused these presents to be executed in their names the year first written above. HORIZON NURSERY OF FLORIDA, LC BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA x BY' BY: (printed name) f Gary C:, Geter, Chairman Board r�ty Commissioners Title:�/�tr Approved by the BCC: "1 I r1 0 WITNESS: i " ATTEST: J . K. Barton , Clerk of Court WITNESS: BY: ✓ Deputy Clerk of Court HIGHLAND REALTY, LLC � / / J eph A. r gird, County Administrator BY: < Approved as to form and legal _ sufficiency (printed name) & ! ' k, "-2 Title: Mae Braal Assistant County Attorney WITNES Y f WITNESS: 5 CARTER ASSOCIATES , INC . CONSULTING ENGINEERS AND LkND S1 ,TRVEYORS 1 ?IIS 21st STKF,LT 772-5 2-411011 . FLUIZIU.A3 "JIi0- ;+72 if XN1 IIlTI1.11! P1 . . • -362-+ 1111 ^ `^ ]72-;6b71811 ( FAX ) MIIN IL 19LC11 . J' F . P K .AAH S. CI C( I1U51! . Ps—NL i 1-%% 11) L . LI LT I I.IL . 4POR( II, SDIOAV, PA SfliA I 5.AOB[At(i1L if. P. 1 - IM K L.IUGR MARCH 15 , 2006 DESCRIPTION OF HIATUS PARCEL - ALL THAT PART OF TRACT 16 , SECTION 23 , TOWNSHIP 33 SOUTH , RANGE 39 EAST , ACCORDING TO LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY SUBDIVISION , FILED IN PLAT BOOK 21 PAGE 25 , PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA , SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA , LESS AND EXCEPTING THE WEST 18 .48 ACRES AND THE EAST 20 . 00 ACRES THEREOF. SAID PARCEL CONTAINING 0. 92 ACRES , MORE OR LESS . SUBJECT TO ALL RESTRICTIONS , RESERVATIONS , ABANDONMENT' S , EASEMENTS AND RIGHTS-OF-WAY OF RECORD. � 1 3 - S- t� • DAVID E . I U .. JE , PS SIGNATURE DATE - FOR DA� l NUMBER 5728 CA ; ,. tFid #NC . L . B . 205 T Y E X H I E3 IT " A C �� � IAL1 � 111111 �[1 L 111' 1 SII S _ P ` O(i-300S1UG� OOs - HIATL ! S . doc Paye I oft . _. . _ ._ . . . . SKETCH OF DESCRIPTION �zACT Is INr0 IRON ROD AND CAP STANCEO 'DRIER ASSOC .- D 5/BY IRON ROD AN CAP SPEN m RLS 1193 aD NORTH LINE TRACT 16 CS094324-w O16) NORTHEAST CORNER 3-x3' CONCRETE Md) 5 8942'26" E 1326, 22' TRACT 16 MONRAAwT MITI NO _ DwnncwnON r f $89'42'26"E 329.16' "589'4226"E 278.67 5 89'42'26" E 334.93' 8--41 S 89'42'26" E 322.50' (C) 1 PPE (B&H NO 3L5Y AEHTFICAnCYJ 1 p/3 I REBAR STAMPED $Q9'42'26'E 31 ,57 / I IN 89'353Y w DO 06') usnC CAP MILE / '[THBR ASSOC,' 112.a RUM Mp PUS➢L CAP STAMPED 'C'AR1ER ASSOC I 1 I I I I I I I METRAS s ACRES OF THE EAST e.s6 ACRES I Or THE MEsr 1e Ae ACRES I I I wssr 1 e.N 4ca[s WEST ONE OF NAC xEsr lO EAST M48 ACRES ETR ONE if R FWC I I to [RES WEST R�- W IR LO_ 14 LABRAL T' CANAL U EAST ONE OF ME INE9i fflb ACRES EAST 20 ACRES TRACT IS I F I 1/Aro REBAR MITI I IR EAST LINE SECTION 23 TRACT f6, SECTION 23, Puspc CAP MITI I 1/2Y REBAR MIM TOWNSHIP 33 SOUTH, RANGE 39 EAS -CAarER AESOC.- 1 PLASTIC UP STAMPED -CARTER ASSOC.- 39. 453 ACRES o — - - - - - -- - - - - - v � mI A ' I 4 IN n o `° In z O1 ^ T, ONI I ry < N TAX I.p, ]3_39-A]-OOOJ1Y0160-OWOI O N M f � I W' 4 W 14.92 ACRES ` w ^ U C r1 w 3 3M TO 4 � 4 CO SO C4 WryJ ED T O1 TA 01 N _NOL I JI , QTZ N O O 1/A0 REBAR WITH C, d,' w 0 O 1 O O O Z FUSTIC LAP STANPm N � O O -LMTER ASSOC" N y O D U OF 1/2'0 RIDUR WUN SO I O ZO O Z II PLASTIC CAP srpMpFD Q' RO YARIER ASSOC ' ti a O' Z I Q Q 9) I � 1/2'0 IRON 1/2.0 IRON ROOI R- V It 12 Y, I RCD Y 1 10 ' CAP STAMPED STAMPED -CARTER ASSOC- ]/CO II PIPXO NlU4EXi, NO Ip IO CARTER ASSC Ld OEN9FCARW IN 59'5042- E 0.31 ) O IS aDzw DM ) I LO F F 3 I I O Q V W i W W WEST 10. 19 ACRES' 0 1 [MI ? Z 10.19 ACRES (GROSS) F w H -1 9.81 ACRES (NET) ti F------------_------ i Q 17 SOUTH J 49 ACRES I W OF THE EAST 8,48 CE MAR I I i NEST 10.48 ACRES I I Q w MEET 1019 ACRES _ __ __ _ - A U SH I y I I I PK NAIL MM 1 I BRASS DISK STAMPED I -CARTER A5S9 , lB hYj IIA ROAD 606 1/2.0 THAI *IR IPLASTIC MIP STAMPED .� ASNAC F '—I LAN N89'45'07"W 31A5' CONCRETEMONUMENT 1 O DwnncA w 1 T NLI2'45Q'W 328.56_ _ _N89'45'07"_W 278.67 = — j1 u_ N 89'45_07" W 334,93' ! - $_ 89'x5'07 E 322.50' C A - - - - - - � � ) o � _2652.18'_ _ IICT 16 SOUTH LINE TRACT 16 & SOUTH R/W LINE OSLO ROAD SOUTH LINE SECTION 23 SOUTHEAST CORNER TRACT 16 SOUTHEAST CORNER SECTION 23 RIP, CONCRETE MONUMENT GENERAL NOTES' NIM Y0 ALUMINUM DISK STAMPED 2J 25 LB 205'24 IN OF VERO HACH SURVEY MARK 2 i6 25 f. UNLESS IT BEARS THE SICNANRE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER MIS BRAISES. SKETCH, PLAT OR MAP 15 FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. ADDITIONS OR DELETIONS TO ME SURVEY MAPS OR REPORTS BY OMER MAN ME SIGNING PARTY IS PROHIBITED MMOUT WRITTEN CONSENT OF ME SIGNING PARTY. 2 LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY MIS OFFICE FOR RIGHTS-OE- WAY, EASEMENTS OF RECORD, RESERVATIONS, OWNERSHIP, ABANDONMENTS, DEED ATION, RESTRICTIONS, ZONING REGULATIONS OR CARTER ASSOCIATES, INC SETBACK LINES, LAND USE PLAN DESIGNADJOINING DEEDS OR MURPHY ACT DEEDS. THIS SURVEY IS NOT INTENDED TO DELINEATE LOCAL AREAS OF CONCERN OR ANY OMER JURISDICTIONAL DETERMINATION. CONSULTING ENGINEERS AND LAND SURVEYORS 3. THIS IS NOT A BOUNDARY SURVEY THIS IS A SKETCH AND DESCRIPTION ONLY. 1009 21ST STREET 772-0 J_ 562-4181 (TEG) 9&34 4. NO TITLE INSURANCE COMMITMENT WAS FURNISHED TO THIS FIRM BY ME CLIENTS OR THEIR REPRESENTABV£ 5. ME BEARINGS SHOWN HEREIN) ARE BASED UPON AN ASSUMED DATUM. ME BEARING BETWEEN FOUND SKETCH 32DESCRIPTION MONUMENTARON ALONG THE SWM LINE OF ME SOUTHEAST WARTER OF SECTION 23, TOVSNSHIP 33 SOUTH, PART OF TRACT Is, SECTION 23, RANGE 38 EAST Is SOUTH 89'INT ND T EAST _ TOWNSHIP 33 SOUTH, RANGE 39 EAST 9. THRs suRv£r Docs NOT INTEND To rMPLr OR DETERtn p ' j ''7'' ///��� INDIAN RIVER COUNTY, FLORIDA T i t B I T " A' HORIZON NURSERY (� ➢ E DWG HY APP'p BY H SCALE V. SCALE PRO). NO, SHEET 2 OF 2 3 B/06 CNP OEL NIP N/A 06-3005 DOLE 18087-A H 23 33-39-OCO'J1-0160-00003.0 ` !• I I This Grant of Easement, made and executed this 11ko" day of Nay&wAe . , A.D. , 2001 , by HORIZON NURSERY OF FLORIDA, L.C., a Florida limited liability company, whose address is _ 1300 S .W. 9,h Street, Vero Beach, FL 32962, hereinafter called GRANTOR'S, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1840 25th Street, rn DOCUME , TkJ- 32960, hereinafter called GRANTEE ", LID "-Whenever used herein the term GRANTOR and GRANTEE include all DEED $ . 7o parties to this instn rnent and their heirs, legal representatives, successors, and assigns. IN THE RECORDS OF NOTE$ JEFFREY K. BARYON JEFFREY K . BARTON , CLE ' WITNESSETH : CLERK CIRCUIT COURT INDIAN RIVER COUNT INDIAN RIVER CO. , FLA, That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm e unto the GRANTEE an easement for drainage purposes along, over, across, and beneath the following described land, situate in Indian River County, Florida, to- wit: o EXI-IIBIT "E " ATTACHED HERETO AND MADE A PART HEREOF co And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient land in fee simple, and that it has good right and lawful authority to convey the easement established hereby, subject to mortgages and other encumbrances or restrictions of record. crit IN XX'ITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Witness HORIZON NURSERY OF FLORIDA, L.C. Prime me: Witn By �� Print ame: Jk� � oyC z} Christopher Smith, Manager Member STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of l� /�00I by Christopher Smith, as Manager/Member of HORIZON URSERY OF FLORIDA, L.C., a Florida li ted liability mpany, on behalf of same , and he is personally known to me or produced as identification. 470 Notary Public : T sign /� �► stamped seal with conIDffiSton 1 V T. ALLEN l0 *= MY COMMISSION p CC 921813 '•." +'d� EXPIRES: March 23, '•'ly„fi¢• �'Aetl ThN Nola 2�4 ry PUWF Untlerw�ileg Tl� doeumeM was prepared ^>)y and should be returned to AV the County All orney 'P ©i<(ie-z, 1840 25th St., S'�ee nooeDR, 1446PC2q 98 West Line of East 20 Acres —,,, 1325 . 2 ' .. r5O 1276.2 ' iq 150 0 75 150 300 LoL n 1n GRAPHIC SCALE ( 1N FEET ) 1 inch = 150 ft. 7 W . 10 . 19 ac . of E . 20 oc . of Tract 16 c Q II- 50 I 1275 . 1 ' J LO LEGAL DESCRIPTION A 15 — foot easement along the West line of the West 10 . 19 acres of the East 20 acres of Tract 16 , Section 23 , Township 33 South , Range 39 East according to the lost general plat of the lands of the Indian River Farms Company recorded in Plat Book 2 , Page 25 of the Public Records of St . Lucie County , Florida , LESS the South 50 feet . Now lying in Indian River County , Florida . S . E . Corner Tract 16 0 � Tract Line 26 23 _ LATERAL E "Reserved to the District in Fee Title) — Section Line _ n2 7 25 24 12TH AVENUE ` 0I a a CErmFlCAnoN 3 - I , Charles A. Cramer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state of Florida , q that this sketch was made under my immediate supervision , and that it is accurate and correct. I further certifyy that this sketch meets the nimum Technical standards as described in Chapter 61017 of the Florida Administrative Code , pursuant to F, S . Chapter 472 . o ryry s G. 0© n LL Charles A. Cromer, P . S . M . Reg . # 4094 to THIS IS NOT A SURVEY - Indian River County Surveyor o 1Uj 25th Street , Vero Beach , FL 32960 SKETCH TO ACCOMPANY LEGAL DESCRIPTION 567 - 8000 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT a Instrument prepardd by & should be returned to: Indian River County Attorney's Office 1840 25'" Street, Vero Beach, FL 32960 RELEASE OF EASEMENT WHEREAS , Indian River County, a political subdivision of the State of Florida ("County") and Horizon Nursery of Florida , L. C . , a Florida limited liability company ("Horizon " ) have recorded the Indian River County Public Works and School Board Facility Plat found at Plat Book 20 , Pages 80-82 , of the public records of Indian River County , Florida ; and WHEREAS , Horizon granted to the County a drainage easement over land owned by Horizon so that the County could use the land for drainage ; and WHEREAS , County staff has determined that the easement is no longer needed and retention of this easement would serve no public purpose ; and WHEREAS , Horizon has requested the County release any and all interest that it may have in the easement , NOW, THEREFORE , THIS RELEASE OF EASEMENT is executed on behalf of the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida , whose mailing address is 1840 25th Street, Vero Beach , Florida 32960 , Grantor, to Horizon , its successors in interest, heirs and assigns . The County does hereby release and abandon to Horizon all right , title , and interest that it may have in the 15-foot drainage easement shown in O . R . Book 1446 , Page 2997 , of the public records of Indian River County, Florida . IN WITNESS WHEREOF , the Grantor has caused these presents to be executed in its name by its Administrator this day of Uul , 2007 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By J eph A. Baird , County Administrator by a thority granted by BCC in Resolution No. Approved as to form and 2006- 89 passed and adopted by BCC on 6/20/06 legal suf icienc MliamyK De raal Assistant County Attorney Instrument prepared by and should be — 1 G returned to the County Atforney 's Office 1840 25� Stro't, Vero Baz&, FL 32960 QUITCLAIM DEED This QUITCLAIM DEED , executed this i Sr— day of 1v 0i�!_. 2007 , between HORIZON NURSERY OF FLORIDA, L. C . , a Florida limited liability company, whose address is 795 12th Avenue , SW , Vero Beach , FL 32962 , GRANTOR, and HIGHLAND REALTY, LLC , a Florida limited liability company, whose address is 1975 Sansburys Way # 114 , West Palm Beach , FL 33411 , GRANTEE , WITNESSETH : That GRANTOR, for and in consideration of the sum of ONE DOLLAR, and other good and valuable consideration , in hand paid by GRANTEE , the receipt of which is hereby acknowledged , has granted , bargained , and sold to the GRANTEE , and GRANTEE's heirs and assigns forever, all the right, title , interest, claim , and demand which the said GRANTOR has in and to the following described parcel of land , lying and being in Indian River County, Florida , to-wit: The West Fifteen Feet of the Property Described on Exhibit "A" Attached Hereto and Made a Part Hereof TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining , and all the estate , right , title , interest, lien , equity, and claim whatsoever of the said GRANTOR , either in law or equity, to the use , benefit, or behoof of the said GRANTEE forever. IN WITNESS WHEREOF , the said GRANTOR has signed and sealed these presents the day and year first above written . CXj Sign HORIZON NURSERY OF FLORIDA, L.C . Witness J a Florida limited liability company printed name : 1141C't4Ac C C-lqu ,-jC;x1E 'o By �� � � � (( Sign Kit �I .B a, Christopher Smith , Managing Member Witness printed name : Ondn GS f905rfv STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this I ST day of U J6-- Z-o0 1 2007, by Christopher Smith , Managing Member of HORIZOOF FLORIDA, L. C . , a Florida limited liability company, on behalf of same, who is personally known to me or produced as identification . C NOTARY PUBLIC : Stamped seal with printed r 7/WMy pgppBlµpp } — �-- Name & Commission # LQUO COM70 DOW10" B F.�im lH6�lOOi Bentlstl Yw (lOOy132iY6t Instrument prepared by and should be returned to the County Attorney 's Office 1840 25L6 Strea Vero Bard, FL 32960 QUITCLAIM DEED This QUITCLAIM DEED , executed this day of 'Tqt 2007 , between INDIAN RIVER COUNTY, a political subdivision of the State of Florida , hose address is 1840 25`h Street, Vero Beach , FL 32960 , GRANTOR, and HORIZON NURSERY OF FLORIDA, L.C . , a Florida limited liability company, whose address is 795 12`h Avenue , SW , Vero Beach , FL 329629 GRANTEE , WITNESSETH : That GRANTOR, for and in consideration of the sum of ONE DOLLAR, and other good and valuable consideration , in hand paid by GRANTEE , the receipt of which is hereby acknowledged , has granted , bargained , and sold to the GRANTEE , and GRANTEE's heirs and assigns forever, all the right, title , interest , claim , and demand which the said GRANTOR has in and to the following described parcel of land , lying and being in Indian River County, Florida , to-wit: The East Fifteen Feet of the Property Described on Exhibit "A" Attached Hereto and Made a Part Hereof TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining , and all the estate , right, title , interest, lien , equity, and claim whatsoever of the said GRANTOR, either in law or equity, to the use , benefit, or behoof of the said GRANTEE forever. IN WITNESS WHEREOF , the said GRANTOR has signed and sealed these presents the day and year first above written . Attest: J . K. Barton , Clerk INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners By ,J,, Deputy Clerk By C Gary&/ Wheeler, Chairman APPROVED AS TO FORM AN L L SU CI N WILLIAM K . DESRAAL ASSISTANT COUNTY ATTORNEY