TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Jennifer W. Shuler, County Attorney
FROM: Christopher A. Hicks, Assistant County Attorney
DATE: October 28, 2025
SUBJECT: Partial Release of Drainage Easement - 13620 Indian River Drive Property Owner - Kathy Burns
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BACKGROUND
The Department of Public Works recommends a partial release of the existing easement located at 13620 North Indian River Drive, Sebastian, Florida 32958, owned by Katherine Burns. The purpose of this partial release is to accommodate the existing garage, concrete patio, and pool, which currently encroach upon the easement. When Ms. Burns purchased the property she found that a previous owner constructed the garage, pool, and patio on top of an existing drainage easement containing a pipe that was failing. The County worked with Ms. Burns to replace the pipe in a location that would bring her existing structures into compliance, while maintaining the required stormwater drainage. Under Project IRC-2423, the newly installed drainage pipe was relocated away from the residence and remains within the easement. The Indian River County Public Works Department has no further need to retain the portion of the easement located beneath the existing garage, concrete patio, and pool.
ANALYSIS
The request has been reviewed by the IRC Engineering Division and the IRC Surveyor. It is staff’s position that the requested easement release would have no adverse effect to subject property or on other properties in the vicinity. The new drainage system remains within the easement and is not affected by the partial release and remains maintainable by the County.
BUDGETARY IMPACT
The cost of recording is approximately $37.00. The cost will be funded from the Optional Sales Tax Fund/Road & Bridge Construction Program/Indian River Drive Culvert Replacement account, number 31521441-066510-25003.
STAFF RECOMMENDATION
Recommended Action
Staff recommends that the Board, through adoption of the proposed resolution and Partial Release of Easement, approve the subject release of the County-dedicated easement at 13620 Indian Rier Drive.