HomeMy WebLinkAbout2017 10 24 IRC MemorandumQ#iCC q1,
INDIAN RIOTER COUNTY
Dylan Reingold, County Attorney
William K DeBraal, Deputy County Attorney
Kate Pingolt Comer, Assistant County Attorney MEMORANDUM
TO: Jason E. Brown—County Administrator
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FROM: William K.DeBraal— DeputyCountyAttorney� 1;�1,
DATE: October 24, 2017
ATTORNEY
SUBJECT: Attorney's Comments on Second Review—SandCrest PUD — Phase 2
The mylar for SandCrest PUD — Phase 2 was delivered this afternoon for signature by the Chairman.
Although this is a plat within the city limits of Sebastian, the Chairman still must sign the plat accepting
the utility easements being dedicated to the County. We received a previous draft of the plat that
contained errors and inconsistencies and these concerns were provided to the developer. Today's review
of the mylar reveals that all previous comments have not been addressed as there are additional
inconsistencies which make the mylar unacceptable for the Chairman to execute the County's acceptance
of the utility easements. Below are the comments that need to be addressed:
GENERAL PLAT COMMENTS:
1. In the Certificate of Dedication, Holiday Builders, Inc. is no longer listed as an owner, yet Holiday
Builders has signed the Acknowledgment to Dedication. If Holiday Builders does not own property
in Phase 2, their Acknowledgment to Dedication should be removed.
2. The Certificate of Title indicates that Holiday Builders, Inc. is an owner of the property. This needs
to be removed if they do not own property in Phase 2. If Holiday Builders does hold a mortgage
on property in Phase 2, then they are correctly listed as having an encumbrance in the second
paragraph of the Certificate of Title.
3. In the Mortgagee's Consent for Oculina Bank, Christopher J. Russell's title is listed as President,
yet the notary acknowledgment lists him as Executive Vice President.
4. In the Mortgagee's Consent for Holiday Builders, Inc., the Covenants, Conditions and Restrictions
are recited for "SandCrest PUD — Phase 2" however the name should be "SandCrest'.
5. In the Acceptance of Utility Easements by the Board of County Commissioners of Indian River
County, Florida, please add Commissioner Flescher's middle initial "E."
Unfortunately, the corrections and deletions necessary are too numerous to be made on the existing
mylar. This office is requesting a resubmittal of Sheets 1 and 2 of the mylar addressing the above
comments.
/nhm
if:\Attorney\Nancy\DOCS\BILL'S\Sandcrest PD. Phase 2. located wi City of Sebastian . plat comments. second review UTIUTIES.doa