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t 0MWR ESO(LEGAL)W GGnhm <br />RESOLUTION NO. 97-146 <br />A RESOLUTION OF INDIAN RIVER COUNTY, <br />FLORIDA, ACCEPTING A DONATION OF LAND <br />FROM LOST TREE VILLAGE CORPORATION AND <br />ACKNOWLEDGING THE PARTIAL OPERATION OF A <br />REVERTER CLAUSE IN THAT RIGHT-OF-WAY DEED <br />RECORDED IN DEED BOOK 72, PAGE 179 FROM <br />ELIZABETH HANSEN TO THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA. <br />WHEREAS, on May 20, 1997 the Board of County Commissioners of Indian <br />River County entertained and approved a request from Lost Tree Village <br />Corporation that the County accept road right-of-way and conservation land <br />dedicated by Lost Tree Village Corporation as partial mitigation for the development <br />of two single-family residences on Wabasso Island; and <br />WHEREAS, the Board authorized staff to take the necessary action for the <br />County to obtain legally sufficient title to the property; and <br />WHEREAS, the upland areas proposed for development by the Lost Tree <br />Village Corporation are traversed by the centerline of a 100 -foot road right-of-way <br />dedicated to Indian River County by Elizabeth Hansen on March 14, 1952, said right- <br />of-way being described at Deed Book 72, Page 179; and <br />WHEREAS, that deed by its own terms provided "in the event a public road is <br />not actually constructed on the right-of-way hereinabove described within ten (10) <br />years from the date hereof, this deed shall be null and void, and the land herein <br />described shall, in such event, revert to the party of the first party, her heirs and <br />assigns'; and <br />WHEREAS, no public road was actually constructed on the right-of-way <br />dedicated by Elizabeth Hansen in 1952 within that portion of property now owned by <br />Lost Tree Village Corporation, <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: <br />1. The Board of County Commissioners hereby accepts the dedication of <br />a 1.45 -acre conservation area to be added to the property leased to the <br />Environmental Learning Center; and the dedication of .96 acres for Live Oak Drive <br />right-of-way from Lost Tree Village Corporation as set out in the deed attached as <br />Exhibit "A" hereto. <br />1 <br />