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Fr_ JAN 4 1994 BOOK 91 FACF 406 LEGAL TITLE It appears that there is no one that can claim ownership to the property. Further, under Section 95.12, F.S., no action to recover real property or its possession shall be maintained unless the person seeking recovery was seized or possessed of the property within seven years before the commencement of the action. The cemetery apparently has been abandoned for many years so that there is no person eligible to seek possession. Courses of Action L Pursuant to Section 497.071, Florida Statutes, the County could take over the abandoned cemetery and maintain the property. The County could then place on the public records its notice of intent to maintain the cemetery and to take title pursuant to Chapter 95, F.S.. 2. Pursuant to Section 497.071, F. S . , the County could take over the abandoned cemetery and maintain the property. At any time after taking possession, the County could quit -claim all or a portion of the cemetery to the School Board. The School Board would therefore have possession of the property under color of title. 3. Do nothing. Commissioner Eggert explained that this item was to have been included on the agenda for next week's meeting, but things are happening so quickly that she decided to put it on the agenda today. It has been reported that people are drinking alcohol and using drugs on the property. Since nobody is claiming ownership, she suggested that the County take over the cemetery as abandoned property. In the meantime, a suggestion has come to use part of the property for a creative playground under the leadership of the Community Oriented Police Enforcement (COPE) program. Commissioner Eggert recounted that creative playgrounds were built by members of the community in Sebastian and in Vero Beach. She stressed that the creative playground in Sebastian cost about $80,000, so this is not something to be taken lightly. She felt it would be a good idea to discuss the use of this property with the School Board, but she would like to see the front 3 acres set aside for a creative playground and a Martin Luther King memorial. She asked for the Board's conceptual approval to go forward with taking over the property. She indicated that the cemetery will be searched for bodies tomorrow and if any are found they will be relocated. Administrator Chandler reported that he discussed the property with Dr. Gary Norris, superintendent of the School District, who indicated that the School Board has an interest in the entire 10 - acre site. Attorney Vitunac asked for the Board's direction on publishing notices in the newspaper saying that the County is claiming title and putting up signs stating that the County is asserting control over the property. 44