1/13/1987 - Laserfiche WebLink

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A� -11 ` 1007 BOOK 6 6 ;k,, .9 42t There is a process by which the County could transfer the reverter clause currently encumbering the 19.7 -acre parcel to another parcel of property which is equally valuable and equally suitable for recreation purposes. The process involves an application to the Land and Water Conservation Fund Grant Program administered by the National Park Service, United States Department of Interior through the State of Florida Department of Natural Resources. This process was initiated sometime prior to 1983 in an attempt to remove the reverter from the 19.7 -acre parcel to give effect to the County's dedication to the Winter Beach Cemetery. A map attached as Exhibit "C" depicts the 19.7 -acre parcel as well as the 38 -acre parcel which the County was willing to encumber to satisfy the State and Federal requirements for converting the encumbrance. That application process was never completed by DNR in 1983. In mid -1986, at.•Commissioner Wodtke's urging, this office began investigating the matter and in fact completed and filed a new application to begin the conversion process again. Unfortunately, the 38 -acre parcel which the County proposed to substitute for the 19.7 -acre parcel is already dedicated to recreation and is in fact part of the County's new golf course. The Department of Natural Resources has indicated that since the 38 -acre parcel is already part of the park and permanently dedicated to outdoor recreation, it is' unsuitable as. replacement property for the 19.7 acres. The replacement property must be an addition to the recreational property within the County since there would be a withdrawal of the 19.7 acres from recreational use. (Correspondence from Department of Natural Resources --attached as Exhibit "D",) This item is put before the Board for guidance. Options include rescinding the 1980 dedication to the Winter Beach Cemetery Association, since at the time the dedication was made, the Board may not have been made aware of the fact that the property is encumbered by a reverter clause such that any attempted use by the cemetery could trigger reverter of title to the State of Florida, and since the proposed substitute property is unsuitable for transfer of the reverter clause. A second option includes seeking an additional parcel of property held in fee simple title by the County, of equal value to the 19.7 acres, and equally suitable for recreational use, said property to be used as a substitute property for. the 19.7 -acre parcel, if acceptable to the State of Florida and the United States Department of Interior. The 19.7 -acre parcel was appraised at $125,000.00 and at $138,000.00 in two appraisals done in 1985. Assistant County Attorney Bruce Barkett reviewed the options on this matter. Commissioner Bird wished to see us reconfirm the decision of the prior Commission to deed this property to the Winter Beach Cemetery Association and direct staff to check our present inventory of lands to find another piece of property that would be suitable for transferring the necessary restricted covenants. He understood that anyone can be buried there and that it is a public cemetery. 94