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Board of County Commissioners Meeting Minutes - Final February 2, 2021 <br />13. COUNTY ATTORNEY MATTERS <br />13.A. 21-0192 16th Street Ballfields and the Jimmy Graves Foundation <br />Recommended Action: The County Attorney's Office recommends that the Board approve the language as <br />presented for the restrictive covenants and authorize the dismissal of the lawsuit <br />with the contemporaneous recording of the restrictive covenants and authorize the <br />Chair and County Attorney to execute any documents necessary to effectuate this <br />transaction. <br />Attachments: Staff Report <br />County Attorney Dylan Reingold presented the resolution of the County's lawsuit <br />against the Jimmy Graves Foundation and Jimmy Graves Sports Complex (16th <br />Street Ballfields) for the Board's approval. Attorney Reingold detailed the <br />settlement conditions which included gifting the property to the School Board of <br />Indian River County with restrictive covenants limiting the property's use for <br />recreational, youth -related, or charitable activities. He cautioned that the <br />property's restrictions could be eliminated if the School Board defaulted on its <br />bonds. In exchange, he continued, the County agreed to drop its lawsuit, and the <br />Jimmy Graves Foundation would retain naming rights to the property. <br />Chairman Flescher described the settlement as a win for all parties. Commissioner <br />Moss agreed the settlement was optimal. <br />A motion was made by Commissioner Moss, seconded by Chairman Flescher, to <br />approve staffs recommendation. The motion carried by the following vote: <br />Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner <br />Earman, and Commissioner Moss <br />133. 21-0194 Resolution of Necessity for four Parcels of Right -Of -Way Located along 69th Street <br />west of 66th Avenue, Vero Beach, FL 32967: Parcel 303 (Chesnut), Parcel 313 <br />(Dent), Parcel 316 (Mandina) and a perpetual access easement in Parcel 317 (AC <br />Veterinary) <br />Recommended action: Staff recommends that the Board approve the Resolution of Necessity and authorize <br />staff to proceed with the necessary right-of-way acquisition through the County's <br />power of eminent domain. <br />Attachments: Staff Report <br />Proposed Resolution <br />Composite Exhibit "A" to Resolution <br />Deputy County Attorney Bill DeBraal sought Board approval of a Resolution of <br />Necessity for right-of-way acquisition in the widening of 66th Avenue, north of <br />Indian River County Florida Page 13 <br />