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I <br />OCT 13.1 - BOOK. 69 FAGUE 682 <br />TO: Board of County Commissioners <br />FROM: Charles P. Vitunac, Coun y Attorney <br />DATE: September 14, 1987 <br />RE: WINTER BEACH CEMETERY <br />The attached memorandum written by Assistant County Attorney <br />Bruce Barkett accurately reflects the history of the <br />Kiwanis-Hobart Park land which was dedicated for cemetery <br />purposes at the request of the Winter Beach Cemetery <br />Associaton. <br />This matter is being brought before the Board of County <br />Commissioners for Board action concerning whether to proceed <br />with acquiring replacement property for the cemetery or to <br />initiate a revocation of the earlier dedication of the land <br />for cemetery purposes. <br />We respectfully request direction from the Board. <br />TO: Charles P. Vitunac, County Attorney - <br />DATE: September 9, 1987 <br />SUBJECT: Winter Beach ccCemetery <br />FROM: Bruce Barketti, Assistant County Attorney <br />The Kiwanis-Hobart Park area was dedicated to the County by. <br />the State of Florida Department of Natural Resources which - <br />in turn had acquired the property with a grant of federal <br />funds. The dedication to the County restricted use of the <br />property for County park and public recreational purposes, <br />and contained a reverter clause effective at the option of <br />the Trustees in the event the area was used for other than <br />park and recreational purposes. (Trustees dedication <br />attached as Exhibit "A".) <br />In August, 1980, the Board of County Commissioners executed <br />a dedication of a portion of the Hobart tract for cemetery <br />purposes and cemetery -related services. (See Exhibit "B" <br />attached.)* This dedication of approximately 19.7 acres was <br />made by the County prior to authorization from the <br />Department of Natural Resources and prior to authorization <br />from the United States Department of Interior. <br />There is a process by which the Could could apply to have <br />the reverter clause currently encumbering .the 19.7 -acre <br />parcel transferred to another parcel of property which is <br />equally valuable and equally suitable for recreation <br />purposes. The process involves an application to the Land <br />and Water Conservation Fund Grant Program administered by <br />the National Park Service, United States Department of <br />Interior through the State of Florida Department of Natural <br />Resources. This process was initiated sometime prior to <br />1983 in an attempt to remove the reverter from the 19.7 -acre <br />parcel to give effect to the County's dedication to the <br />40 <br />