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HomeMy WebLinkAbout2006-038 '9- RESOLUTION NO. 2006- 038 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A CONSERVATION EASEMENT ON ALL OF LOT 47, OCEANRIDGE SUBDMSION WHEREAS,Indian River County has an interest in a conservation easement on Lot 47 of Oceanridge Subdivision as described herein; and WHEREAS, said conservation easement was recorded as a condition of a variance granted on March 5, 2004 by the Indian River County Board of Zoning Adjustment; said,variance allowing construction on the subject lot east of the County Dune Stabilization Setback Line (DSSL, a.k.a. 1981 Coastal Construction Control Line); and WHEREAS, said conservation easement was indavertently described as covering the entire subject lot instead of as intended to apply to just dune vegetation and open space east of the DSSL on said lot; and WHEREAS,the lot owner has executed an amended conservation easement in favor Indian River County that applies to dune vegetation and open space east of the DSSL and outside of the approved building envelope, as intended and directed by the County Board of Zoning Adjustment; NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Indian River County,Florida that: Indian River County does hereby release and abandon all right, title, and interest that it may have in the following described easement(s): that certain Conservation Easement recorded in O.R. Book 1928, Page 1560, Public Records of Indian River County, Florida, said easement being upon and across real property described as all of Lot 47, Oceanridge Subdivision, according to the plat thereof recorded in Plat Book 10, Page 78, Public Records of Indian River County, Florida. This release of easement is executed by Indian River County, a .political subdivision of the State of Florida,whose mailing address is 1840 25th Street,Vero Beach,Florida 32960, Grantor, to W.A. HAYWARD & SUSAN HAYWARD 1134 INDIAN MOUND TRAIL VERO BEACH,FL 32963 their successors in interest, heirs and assigns, as Grantee. THIS RESOLUTION was moved for adoption by Commissioner Davi s , seconded by Commissioner Wheel er , and adopted on the 14th day of March 2006,by the following vote: Chairman Arthur R. Neuberger Ave Vice Chairman Gary C. Wheeler Aye Commissioner Sandra L. Bowden Aye Commissioner.Wesley S. Davis Ave Commissioner Thomas S. Lowther AyP RESOLUTION NO. 2006- 038 The Chairman declared the resolution duly passed and adopted this 14th day of March _' 2006. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER C TY,FLORIDA B Arthur R. Neubergef, Chairman Attested By: Deputy Clerk JGe.'J,K. BARTON CLERK CIRCUIT COURT STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 14th day of March , 2006, by ARTHUR R.NEUBERGER, as Chairman of the Board of County Commissioners of Indian River County, Florida, and by '_�e�-cam ► ,Deputy Clerk for JEFFREY K. BARTON, Clerk of the Board of County Commissioners of Indian River County,Florida,who are personally known to me. NOTARY PUBLIC Kimberly E.Massung := MY COMMISSION# DD216503 EXPIRES Printed Na Kimberly E." Massung a July 15,2007 �� BONDED THRU TROY FAIN INSURANCE INC Commission No. M21 65n3 Commission Expiration: July 15, 2007 APPROVED AS TO LEGAL FORM: William,G. Collins II County Attorney ease.bccdoc proj/apl.no.2004020125/53234