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Board of County Commissioners Meeting Minutes - Final April 23, 2019 13.A. 19-0201 Temporary Construction Easement For Hole -in -the -Wall Island and Pine Island for Reuse Line Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the granting of a temporary construction easement, similar in form to that approved by the Board on July 10, 2018, and authorize the Chairman to execute said easement on behalf of the County upon review and approval of the easement by the County Attorney and County Surveyor as to form and legal sufficiency. Attachments: Staff Report Temporary Construction Easement Letter from Indian River County Mosquito Control District, dated February 18, 2019 Letter from Brian Seymour, dated December 3, 2018, with attachments Letter from Paul Bangel, dated October 10, 2001, with attachment Letter from William Hyde, dated May 4, 1999, with attachment Letter from Ernest Cox, dated November 9, 2001 Atlantic Coastal Title Corporation Chain of Title Report dated April 7, 1999 Letter from Louis 'Buck" Vocelle, Jr., dated April 16, 2019 Memo from William G. Collins II, dated May 7, 2001 County Attorney Dylan Reingold provided background and analysis on the ownership of the rights-of-way over Hole in the Wall Island and Pine Island. He explained that in 2009, the Indian River Mosquito Control District (the District) received a quit -claim deed for Hole in the Wall Island from Horses Head, LTD; however, the District's attorney at the time discovered that there was a recorded deed dated back to November 1959 that granted the County "fee simple forever" ownership of the right-of-way. Attorney Reingold stated that he had received correspondence communicating that the District did not feel the County had ownership over Hole in the Wall Island, but he had not received documentation supporting the District's claim. With regard to Pine Island, Attorney Reingold included that the parcel owner, Lost Tree, would be cooperative, if necessary, regarding their involvement. ' Chairman Solari offered a summary of Attorney Reingold's presentation, including the indication that the County does have ownership of rights-of-way over Hole in the Wall Island and Pine Island. Commissioner Flescher requested and received clarification for the level of certainty Attorney Reingold felt regarding the County's ownership of the right-of-way over Hole in the Wall Island. Indian River County Florida Page 10