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Office of .grto,,,ej. lMMMaiien /2/(M'/20/ <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />MEMORANDUM <br />TO: The Board of County Commissioners <br />FROM: William K. DeBraal, Deputy County Attorney <br />DATE: December 2, 2015 <br />SUBJECT: Approval of Amendment to Declaration of Restrictive Covenants from <br />Property Exchange with Windsor Properties at the former Golden Sands <br />Park <br />In 2009, the County and Windsor Properties, with the permission of the Board of Trustees <br />of the Internal Improvement Fund, completed a property exchange where Windsor <br />Properties deeded to the County a 9.287 acre parcel of property located on the north <br />barrier island, between State Road A1A and the Atlantic Ocean, which is now Golden <br />Sands Park. In exchange, the County deeded to Windsor Properties a 9.287 acre parcel <br />of property which was the former site of Golden Sands Park. The exchange made the <br />property received by Windsor property contiguous with the Windsor development, thus, <br />physically consolidating Windsor's ownership. As part of the exchange, Windsor <br />constructed a new Golden Sands Park for the County, as the old park had been badly <br />damaged in the hurricanes of 2004 and 2005 and provided a $1,000,000 contribution to <br />be used for recreational purposes. <br />The terms of the exchange had to be approved by the Governor and the Cabinet as it <br />involved land purchased with State funds. Before the exchange could be completed, an <br />amendment to the County's Comprehensive Plan had to be made in order to change the <br />future land use designation and the zoning of the parcels. At the time of the exchange, <br />Windsor had planned to continue construction of large ocean front estates on the 9 287 <br />acres obtained from the County, and subsequently platted it that way but did not sell the <br />lots. A copy of the 2011 plat is attached to this memo as Exhibit A Even though the <br />underlying zoning on the Windsor property is RS -3, Residential Single Family, up to 3 <br />single family residential units per acre, Windsor voluntarily agreed to limit the density to <br />one unit per acre as outlined in the Declaration of Restrictive Covenants dated December <br />23, 2008, attached to this memo as Exhibit B and again in a letter from then Chairman <br />tr:TOVED FOP ? Y-15 <br />B.C.C. MEETING - F;E it t A <br />\COUNTY ATTORNEY <br />inei:n Rive! Ca <br />Approved <br />Dale <br />Admin. <br />Legal <br />IIITAIrealei <br />I <br />.`. <br />f�yO" <br />Budget <br />i`�I <br />iL <br />Dept <br />1NAI <br />Risk Mgr <br />_ <br />223 <br />