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TO: The Board of County Commissioners FROM: �. William G. Collins II - Deputy County Attorney DATE: January 23, 1992 SUBJECT: Quit Claim of Park Tracts Within City Limits to the City of Vero Beach In April of 1989 the Clerk's Office asked me to give an opinion as to title of certain park tracts which were carried on the roll of County Fixed Assets. Two of these park tracts are within the city limits and maintained by the City of Vero Beach. Thus, a Quit Claim Deed is appropriate to clear up title questions. 1. There is a small "park" parcel south of Atlantic Boulevard and west of 37th Avenue. It was designated as a park by the plat of Groveland Subdivision filed June 15, 1925. The dedication was to the public. The plat was approved by the St. Lucie County Engineer. It should be noted that the plat shows the land as being in Indian River County, however this was approximately the time Indian River County was split off from St. Lucie County, so it is possible the plat approval functions had not yet been formally assumed by the. Indian River County government. There is no indication that the plat was approved by any city officials. It is my opinion that this parcel is dedicated to the public and that the public would be Indian River County. Unless formally accepted by resolution, title to the park may not lie in Indian River County, however an acceptance by public authorities can also be by an implied acceptance by public use. In any event, this park tract is now well within the city limits of Vero Beach and is maintained by the city. Attached is a Quit Claim Deed which would transfer any interest from the County to the City of Vero Beach. 2. This is a parcel identified as Van Busch Park, Lot A, Block 5, Replat of Bethel Isle Subdivision, Unit 2. According to the Certificate of Dedication of this plat, the park was dedicated to the public forever, on December 6, 1957. This plat was approved by the Board of County Commissioners of Indian River County on February 11, 1958. My opinion is that this park is also owned by Indian River County, but since it is within the corporate limits of the City of Vero Beach and is maintained by the city, a quit claim deed to the city is . appropriate . CONCLUSION: I recommend you authorize the Chairman to execute the attached Quit Claim Deeds to these two park parcels, thereby conveying title to the City of Vero Beach. MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Wheeler, to authorize the Chairman to execute the Quit Claim Deeds for a small parcel south of Atlantic Boulevard west of 37th Avenue known as Piece of Pie Park and Van Busch Park, as recommended by staff. Commissioner Bird was concerned that if these sites were not maintained as parks, they would have some value for building sites. 27 FEB 04 1992