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bcjx 1-03 PiGE 37 <br />that portion of the right-of-way dedicated by deed of Elizabeth Hansen in 1952, <br />which bisects the uplands they propose to develop, is inoperative of its own <br />terms; and within the boundaries of the Lost Tree Village Corporation property <br />that right-of-way is extinguished by operation of law and does not preclude <br />development of the upland properties. <br />RECOMMENDATION: <br />Adopt the attached Resolution and authorize execution by the Chairman <br />accepting the dedication of land and acknowledging the operation of the reverter <br />clause in the 1952 deed. <br />ON MOTION by Commissioner Macht, <br />SECONDED by Commissioner Tippin, the Board, <br />by a 4-0 vote (Commissioner Ginn being absent) <br />unanimously adopted Resolution 97-146 accepting <br />a donation of land from Lost Tree Village <br />Corporation and acknowledging the partial operation <br />of a reverter clause in that Right -of -Way Deed <br />recorded in Deed Book 72, Page 179 from Elizabeth <br />Hansen to the Board of County Commissioners of <br />Indian River County, Florida. <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 />I <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 />DECEMBER 23, 1997 <br />