Subject:
Title
Approval Re: Joint Release of Cross Easement with Brent C. Williams as Successor in Interest to Dick and Rebecca Wiebelt - District 4.
End
Fiscal Impact:
None
Dept/Office:
Public Works Department / Land Acquisition / Utility Services Department
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve, accept and authorize the Chair to execute the Joint Release of Cross Easement.
End
Summary Explanation and Background:
The subject property is located in Section 19, Township 26 South, Range 37 East, on the south side of the Pineda Causeway, west of Highway US 1.
On December 23, 1992, a cross easement agreement was entered into between Dick and Rebecca Wiebelt and Pierce Hardy Real Estate Company. It is believed the original intent of the easement was to provide a joint access connection to the Pineda Causeway from the subject properties via Roberts Road. Access to the Pineda Causeway was denied. Language in the cross easement stated the easement would run with the land and inure to and be for the benefit and be binding upon the parties thereto and their respective successors and assigns. Brent C. Williams and Brevard County, Florida are now the(successors) owners of the land.
Mr. Williams has requested a joint release in order that he may fully develop his parcel. The cross easement prevents him from using that particular part of his property in his development plan. Staff recommends executing the release.
Clerk to the Board Instructions:
Upon execution by the Chair, please contact Public Works Department (321-617-7202) to make delivery arrangements for the original executed Joint Release of Cross Easement with attached exhibits.