TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Jennifer W. Shuler, County Attorney
FROM: Susan J. Prado, Deputy County Attorney
DATE: October 17, 2025
SUBJECT: Culverted Road Crossing Maintenance Agreement with Vero West Business Park
__________________________________________________________________
BACKGROUND
Indian River County (hereinafter “County”) was dedicated and accepted a 30-foot-wide drainage canal right-of-way pursuant to the Kenilworth Estates Plat that was recorded on March 4, 1960, at Plat Book 6, Page 43. The County has maintained the 30-foot-wide drainage canal right-of-way since then.
Vero West Business Park, LLC. purchased the property that surrounds the 30-foot-wide drainage canal right-of-way in 2019. Vero West Business Park, LLC., has now submitted a plat for the approval of a business park. The property owned by Vero West Business Park, LLC. can only be connected by traversing the 30-foot-wide drainage canal right of way via a culverted road. As the road is outside of the legal property boundaries owned by Vero West Business Park, LLC. and traverses the 30-foot-wide drainage canal right-of-way owned by the County an agreement was sought to allow this crossing to take place.
The attached proposed Culverted Road Crossing Maintenance Agreement (hereinafter “agreement”) is between the County and the Vero West Business Park Property Owner’s Association (hereinafter “association”) which will take responsibility of the common areas and road maintenance constructed by Vero West Business Park, LLC. The Agreement makes it clear that any and all maintenance responsibility for the culverted road crossing and the culvert are solely the responsibility of the Association, and not that of the County.
ANALYSIS
N/A
BUDGETARY IMPACT
None. The developer is required to record the agreement as part of their approval process.
PREVIOUS BOARD ACTIONS
N/A
POTENTIAL FUTURE BOARD ACTIONS
N/A
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Staff recommends the Board review the proposed Culverted Road Crossing Maintenance Agreement and make a motion to approve said agreement allowing the Chair to execute it.