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MAY 111993 BOOK <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Tippin, the Board unanimously approved <br />the Oslo Road Water Main Project at an estimated <br />total cost of $803,285.00 and authorized staff to <br />advertise the project for construction, as <br />recommended by staff. <br />89 FacE431 <br />H. Land Swan Near Tracking Station Park - Indian River Shores <br />The Board reviewed the following memo dated May 3, 1993: <br />TO: Board of County Commissioners <br />,2�1'�, <br />FROM: Charles P. Vitunac, County Attorney <br />DATE: May 3, 1993 <br />RE: LAND SWAP NEAR TRACKING STATION PARK <br />TO INDIAN RIVER SHORES <br />As part of the process of <br />transferring five -acres of land near <br />Tracking <br />Station <br />Park to' -the <br />Town of <br />Indian River Shores in return for land <br />near the <br />Gifford <br />Community <br />Center, <br />the Town is obtaining a title policy. <br />The title <br />search <br />has uncovered a <br />1980 dedication by the Board of <br />County <br />Commissioners that <br />the land <br />be used as a public park and that a referendum <br />be held <br />before any <br />such dedication could be removed. <br />As a matter of law the 1980 Commission did not have the power to limit the <br />1993 Commission to an election in this matter. The recent decision by the <br />County to sell the land to the Town without a public use restriction repeals <br />the 1980 dedication; however, the title would be cleaner if this park <br />dedication were formally released. Therefore, the County Attorney's Office <br />recommends a formal rescission of the 1980 dedication. <br />REQUESTED ACTION: Staff recommends that the attached Release of Dedi- <br />cation be executed by the Chairman of the Board and recorded in the Public <br />Records. <br />ON MOTION by <br />Commissioner <br />Eggert, <br />SECONDED by <br />Commissioner <br />Tippin, the <br />Board <br />unanimously <br />authorized the <br />Chairman to <br />execute <br />Release of <br />Dedication, as recommended by staff. <br />RELEASE OF DEDICATION IS RECORDED <br />IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY <br />16 <br />