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Home My WebLink About2006-272 ava � — a7c)� RELEASE OF EASEMENT This Release of Easement is made this 1 nth day of n � , 2006_, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") : WITNESSETH WHEREAS , subject to an estate in Disney Vacation Development, Inc. for a term of years ending on January 31 , 2042, Walt Disney World Hospitality and Recreation Corporation is the fee simple owner of certain real property situated in Indian River County, Florida, which is currently undergoing development for residential resort use; and WHEREAS, the establishment of a Conservation Easement is required by Indian River County Code Section 929.05 with respect to native plant communities which occur on-site, and by FDEP Permit IR-457 with respect to the beach/dune system; and WHEREAS , the Conservation Easement described above was established and recorded at O .R. Book 1039, Page 2590, Public Records of Indian River County, on November 17, 1994 over Conservation Areas 1 and 2 of Parcel A as shown on the plat of Florida Beach Resort, according to the plat thereof recorded in Plat Book 13 , Page 30, Public Records of Indian River County ("The Plat"), and on Conservation Areas 3 and 4 of Parcel B of the Plat; and WHEREAS, the design and the development for Parcel B has been modified from that originally contemplated in 1994, and the County agrees that it will be of mutual benefit to revise the Original Conservation Easement by releasing as to Parcel B, Conservation Areas 3 and 4, from the Original Conservation Easement, and in lieu and in place thereof, enter into a Revised Conservation Easement with respect to Parcel B only; and Page 1 of 2 x F� WHEREAS, Walt Disney World Hospitality & Recreation Corporation, 1375 Buena Vista Drive, Lake Buena Vista, Florida 32830 has executed and delivered to Indian River County the proposed Revised Conservation Easement, in lieu and in place of the Original Conservation Easement with respect to Parcel B only; NOW, THEREFORE, for and in consideration of the foregoing recitals, which are incorporated herein as if fully restated, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County hereby releases and discharges, AS TO PARCEL B. CONSERVATION AREAS 3 AND 4 ONLY, the Original Conservation Easement established and recorded at O.R. Book 1039, Page 2590, Public Records of Indian River County, Florida, on November 17, 1994. Attest J k; Bartdri„Clerk INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COINWISSIONERS i•Dcputy CI'6rkr By thur R. Neuberger, Chairman by Michael Zito , ~ Assistant County Administrator under t° "gin COO BCCappffli4RWY of Resolution No , 2006 - 089 of Resolution : June 20 , 2006 Approved'as to form and legal sufficiency: e By . County Attorney Page 2 of 2 /l RESOLUTION NO, 2006 - 089 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR, AND THE EMERGENCY SERVICES DIRECTOR THE AUTHORITY TO EXECUTE ALL DOCUMENTS AND EMERGENCY DECLARATIONS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD THAT NORMALLY SCHEDULED MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS ARE CANCELED. WHEREAS , the Board of County Commissioners , at its meeting of June 6 , 2006 , canceled its regularly scheduled meetings during the period commencing July 19 , 20069 through August 21 , 2006 ; and WHEREAS , Section 101 .05 . 1 . q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; and WHEREAS , by separate resolution , the Board of County Commissioners is delegating specific authority to call Letters of Credit; and WHEREAS , it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes , The Code of Indian River County, and Indian River County resolution , to the County Administrator, the Assistant County Administrator, and the Emergency Services Director; and WHEREAS , the State Emergency Management Act, codified at sections 252 .31 - 252 . 60 , Florida Statutes , gives political subdivisions the ability to declare a state of emergency, either by adopting a resolution or proclamation declaring a state of local emergency or adopting a resolution or proclamation in accordance with an executive order or proclamation of the governor of the State of Florida declaring a state of emergency for an area of Florida that includes Indian River County; and WHEREAS , section 101 . 10( 1 ) of The Code of Indian River County allows the Board to designate the County Administrator, the Assistant County Administrator, and the Emergency Services Director the authority to declare a local state of emergency and , thereafter, in accordance, with section 101 . 10(2) take such action as permitted by law, NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: STATE NDIAN RIV9Ri b0Wff- TH I64{�.CENTIFY TtiAL 11 1618 ATRUEA 1)'C,0NRECTCdPX0F . THERIOINAL ON FIL'E,IN TNI¢ OFFAM �, ' - 1 OF IC� RT0N;Ad K r ; e D.C. y i RESOLUTION NO . 2006. 089 1 . The above recitals are affirmed . 2 . The County Administrator, the Assistant County Administrator, and the Emergency Services Director are authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period which normally scheduled Board of County Commissioners meetings are canceled , provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification at their next meeting ; and execute any proclamation or resolution declaring a state of emergency in Indian River County or a state of local emergency in Indian River County; together with any and all emergency orders necessitated in connection therewith as the Indian River County Emergency Services District Director. The resolution was moved for adoption by Commissioner Bowden and the motion was seconded by Commissioner Davis and , upon being put to a vote, the vote was as follows- Chairman Arthur R. Neuberger Ay Vice Chairman Gary C. Wheeler . Alye Commissioner Wesley S . Davis Aye Commissioner Thomas S . Lowther Aye Commissioner Sandra L. Bowden Aye TheChairman thereupon declared the resolution duly passed and adopted this 2nt.n day of June , 2006 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B Arthur R. N erger, Chai n Attest: J . K. Barton , Clerk By Deputy Clerk Approved as to form and legal sufficiency: ByFr William G . Collins II , County Attomey 2