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File #: 25-1145    Version: 1
Type: Consent Staff Report Status: Passed
File created: 11/24/2025 In control: Board of County Commissioners
On agenda: 12/9/2025 Final action:
Title: Request for Release of the 25-foot Drainage Easement on 4520, 4540, and 4560 77th Street
Indexes: Consent Agenda, Easement Release / Modification / Establishment
Attachments: 1. Aerial Map, 2. Hobart Estates Final Plat, 3. Property Surveys, 4. Proposed Resolution

TO:                                                    Indian River County Board of County Commissioners

 

THROUGH:                                          John A. Titkanich, Jr., County Administrator

 

FROM:                                          Patrick J. Murphy, Chief of Long-Range Planning

 

DATE:                                          December 9, 2025

 

SUBJECT:                                          Request for Release of 25-foot Drainage Easement on 4520, 4540, and 4560 77th Street

__________________________________________________________________

 

BACKGROUND

 

The County has been petitioned by Chris Pinson and Brian Stant, owners of Lot 7 and Lot 8, and Brian and Karen Stant, owners of Lot 6, Hobart Estates, Unit No.1 subdivision, for release of a 25-foot wide drainage easement. The purpose of the release of easement is for the unencumbered use of the rear portion all three (3) properties. Therefore, it is requested that the Board of County Commissioners formally consider the following information at its meeting of December 9, 2025.

ANALYSIS

 

The Hobart Estates subdivision plat (a total of 9 lots), recorded in the Indian River County public records in 1969 via Plat Book 8, Page 20 (attached), includes language under the Certificate of Dedication that states; “This is to certify that the lands as shown on this plat are the property of ‘The Hobart Brothers’ and it hereby dedicates to the public forever all streets, alleys, and easements as shown thereon.” Although the 25-foot-wide easement running along the rear of the lots of this plat are written as “surface drainage easement”, the request was submitted to multiple entities, out of an abundance of caution.

The request has been reviewed by AT&T, FPL, Comcast, Indian River County Utilities, Indian River County Public Works, and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of this easement. Therefore, it is staff’s position that the release of this easement would have no adverse impact on drainage or utilities being supplied to the subject property or to adjacent properties. It shall be noted that the same easement was “released” from lots 1-5 on January 5, 2021, via Resolution 2021-002. 

BUDGETARY IMPACT

 

Not Applicable

PREVIOUS BOARD ACTIONS

 

There have been no previous board actions on this type of request

POTENTIAL FUTURE BOARD ACTIONS

 

This request is the only board action required to effectuate the easement release

STAFF RECOMMENDATION

Recommended Action

 

Staff recommends that the Board of County Commissioners, through adoption of the attached resolution, approve the release of the 25-foot wide drainage easement upon Lots 6, 7, and 8 of the Hobart Estates, Unit No.1 subdivision.