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Commissioner Bird felt that the fact that we are discussing <br />this at a Public Hearing gives this tree a special status and <br />gives notice to the owner that the County will be keeping a -_ <br />special watch on this tree. <br />Director Keating felt the Board could accomplish the same <br />objective by approving the Resolution, but not having it recorded <br />in the public records. <br />Attorney Bogosian was not sure whether a title search would <br />bring up an unrecorded resolution of the Board, and Attorney <br />Vitunac repeated that this is not a limitation on the title -- it <br />would not be found. This is a regulation of property much as any <br />building or zoning regulation. All property is taken subject to <br />property use according to these other regulations. Although it <br />will affect the use of the property, it is not a limitation on <br />the title. <br />Attorney Vitunac pointed out that the other side of the <br />question is what harm would this resolution cause, and Attorney <br />Bogosian felt that during the financing process, someone would <br />ask why the resolution was passed when the Tree Protection <br />Ordinance gave the tree the same protection as the "specimen <br />tree" status. <br />Vice Chairman Bowman felt that this puts the owners or <br />future owners on notice that if they cut that tree down, the <br />public would be at their throats. <br />Attorney Bogosian admitted that his client believes the tree <br />is in an area that will not be affected by the development and <br />that they probably could work around the tree and identify it for <br />the public's benefit. However, they don't want to be tied up <br />initially. <br />Urban Forester William DeBraal felt that this tree should be <br />afforded every protection. He emphasized that this tree is <br />native to Florida, not just the West Indies. <br />Attorney Bogosian recalled that Mr. DeBraal gave him the <br />information that Simpson Stoppers grew as high as 60 feet; <br />39 <br />SEP 2 2 1987 Book 69 PacE 523 <br />