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y <br />`, BOOK p 8 f a r..•E 816Jkfl <br />REQUEST TO PURCHASE_ PARK TRACT IN SUNSHINE QUALITY HOMES UNIT II <br />The Board reviewed the following memo dated 12/26/89: <br />TO: The Board of County Commissioners <br />FROM:L;;I`. William G. Collins II - Assistant County Attorney <br />DATE: December 26, 1989 <br />SUBJECT: Request to Purchase Park Tract in Sunshine Quality <br />Homes Unit II <br />On December 19th an item for plat vacation was withdrawn <br />from the agenda because the staff recommendation to retain <br />access to a park tract within this subdivision would <br />frustrate the intent to replat the entire site for a <br />multi -family development. A formal request to buy the park <br />tract was received on December 21, 1989 from the owners of <br />the lots within Sunshine Quality Homes Unit II. Because the <br />parcel is -valued at more than $5,000, Florida Statute 125.35 <br />requires notice of the sale of the property to be published <br />once a week for at least two weeks in the newspaper, said <br />notice calling for bids for the purchase of the real estate <br />and setting forth any conditions of the bid, including <br />deposits to be received with each bid. The Board may reject <br />all bids if they are too low. <br />Frank, Concetta and Paul Liggieri own all the lots in <br />Sunshine Quality Homes Unit II. They could object to a sale <br />to a third party by virtue of their implied easement to have <br />that parcel used as` a park tract. <br />Thus, is appears that Florida case law precludes sale of a <br />parcel to anyone other than the Liggieris, while Florida <br />Statutes preclude sale to the Liggieris without going <br />through the formality of a bid. <br />RECOMMENDATION <br />Declare the park tract as shown in the southwest corner of <br />Sunshine Quality Homes Unit II, Plat Book 5, Page 63, Public <br />Records of Indian River County surplus and advertise for <br />bids in two consecutive weeks of the Vero Beach Press <br />Journal. <br />MOTION WAS MADE by Commissioner Bowman, SECONDED by <br />Commissioner Scurlock, that the Board declare the park <br />tract as surplus property and advertise for bids, as <br />set out in the above staff recommendation. <br />.e <br />