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HomeMy WebLinkAbout7/10/1964FRIDAY, JULY 10,.1964 The Board of County Commissioners of Indian River County, Florida-, met at the Courthouse, Vero Beach, Florida, in a special meeting held at 1:00 o'clock, P. M., Friday, July 10, 1964. Present were Robert W. Graves, Chairman, Donald Macdonald and B. Q. Waddell. Absent were D. B. McCullers and Jerre J. Haffield. Also present were John Sutherland, County Attorney, Ed Schmucker, County Engineer and Freda Wright, Deputy Clerk. The Board Members together with Charles Herring, Attorney for property owners in the Sebastian Inlet area, considered and discussed at great length the agreement to be entered into by the Board of County Commissioner, the Sebastian Inlet District and individual owners of the property involved. Motion was made by Commissioner Waddell, seconded by Commissioner Macdonald and unanimously carried, that the Chairman of the Board of County Commissioners and the Clerk to the Board of County Commissioners, be authorized to execute the agreement that appears in words and figures as follows: A G. E M E N T 4.1Ii J PAcEC4 2 THIS AGriE. HENT Nhce and entered into this r day of 1964, by and between INDIAN RIVER CCJNTY, FLORIDA, by aLu through its Board of County Com- missioners, hereinafter referred to as "County"; SEBASTIAN INLET DISThi JT, by . anil through its Bos rd of Commissioners, hereinafter referred to "Sebastian"; and hereinafter referred to as "Owners," for the purpose of co- ordinating, complementing, and otherwise reducing to writing certain agreements made for the mutual benefit of the parties and/or tneir constituents; W I T N ESS ETH ; W1iEREA•,, the Owners claim to be the sole upland owners 2iparian ti- ;ne' sandspit adjacent to the ,Sebastian inlet on tie South, and are desirous of obtaining tcie same as a par- cel cif land contiguous to their ownership, and have made application to the Trustees•of the internal Improvement Fund for a deed to said property; and .WHE:_ih:A6, Sebastian is charged with the responsibility of constructing, improving, widening and/or deepening and maintaining Sebastian :inlet between the Indian River and the Atlantic Ocean as said inlet now exists, and to do all acts and things proper, necessary or convenient for said purposes. The maintenance of said inlet is declared by law to be for public purposes and necessary for the use of COUNTY:C.Ll, SLSAST1AN< OWNLRS : D � shipping, transportation, and for the extension of coR— xerce of the. :»tate of Florida and said inlet District, and for the maintenance of the health of the inhabitants of said district, and far the convenience, comfort and welfare of said district . and the inhabitants thereof, and said Sebastian is in need of rights on the land adjacent 'to the said inlet on the South side for maint� nance purposes, and is also in need of a spoil area OA the Southwest end of said sandspit for spoil which period- ically results in cleaning and dredging of the inlet and its approach channels, and also may in the future need a. permanent ease;:ent through, on and across the,property of the owners to the. Atlantic ocean in order to replealsh than sand along the ocean front South of the inlet jetty iu accordance with the directions of the C_ aastal Erosion Board or other public or quy:si public agencies charged with the responsibility of erosion control within the area; d WHEREAS, the County has sought from ti ti.e to time various park areas in the north end of the County and ig particularly disposed toward preserving as much public area as available near, along or adjacent to the Sebastian Inlet for fishing and recreational area; and WHEREAS, the County did advertise for bul; .;,:ewd lira and did hold a hearing pursuant to law on. April S, 19649 and heard objections thereto by the Owners and the vinare of the inlet subdivision, a subdivision of the northerffi- most point of land adjacent to the Sebastian Inlet sur- rounding the .approach to the Sebastian Inlet Bri e noa under constrraction, and did table the matter pendi a.. fur - p frk *MIArli ther inves ti*ration; as WH RAS9 the ( nern have present >°d a projrigea to A executive committee of the Board of County Core,,i67,ionexei coeep i&'od of threeor,iss loners ai red by its attoor,er ani en inee -•; an executive committee of the inlet Conal. ;n COUNTY: ef SEBASTIAN �LJn U PAGE ,•td.iii J r Gc f 4 consisting of oxo commissioner aided by. its attorney ney .c era ime4r, and to the full Board of C unty Cotai issiontrr, ata joint meeting hold on than regular neetin5 oft .e. Irian River County Oomaiasionera of May.6, 19640 which a .gr: anent proposal was edified i i:: p,zrt in conforRity Lith the views expreass ed. by both be : , a ago that AO oNno- tiona were th 5n existing r out tending; „g; and was, -the 0 u:aaty did BO resolutio supporti said proposal; and WHEREAS, the Owners, the County :.,d Sebastian art i in rii : full agreement.and are desirous 9f puraul" diligently to fruition the term throof; THEREFORE, I 1 IS AGREED, as follows: �.� The County agrees, in accord with 'its rsolution, to advertise fora bulkhead lin- and to. hold a EaeariLou any objections thereto'9 s<.id bulkhead line being more pav- ticula rriy described as follows, to -wit: Beginning at the i ortheao. t corner of T waship 31 South,. of Range 35 Fast,'fo11or tic north lino ®a Indian. River County, as defined by Section 7031, Florida Statutes amended by Chapter 59-86 General Laws of Florida, 1959, easterly to it intersection with the centerline of State Highway £ 1-Athenc e turn to the right and run along the ccenterline f Hihway Aa -1 'A (bearing S24 31 00 X) to point, said point being 3578,6 feet northern' glens A -1-A from the southeast corner of Sootion Township 30 South Range 39 East, at State Road Department station 818 + 99022; thence turn to the rad t and run 900 fast on a bearing of S 37* 42 ® 22' V to toe point of beginning; thence continue OA thla scAe bearing a dlatance of 485 feet; the ae 230 foot on a be :oars of S 53° 42® 22" W; thene 350 loot on -bears @-4T 41° 052 32m.W; thono 2,410fent OA TY.. b ori. , 0- S 4° 59' 36 U;. thence 2955 soot o heari_ _, of.6 31* 21° 01" V to a o: og tant;;or of a cJ.r4uia r cuic'@ th'noc oo :.tinw orf. _the. Eras o r a c l7c.uJ ar au.rvo ca to thg is ft 0 laig�zi. ; :.• 1Pi� or. 485 fee. ead's a Air7tanco of 1`.,0,1$„5;; f;vy': tlf5,c r 5 `'9 fact boa ikr7 of 3 2V). '1' themcr. VTC % Wf. esF'SF PA n., c B', ..N15 -:�11 v�j`'. a` .;��g� Mh .' +y�,'.,�''. ! G 7*. ir, ? : $r �?i ; 5 r Q ` OO 7 mhJL A .tc n : c- ', Ne.,,,ri.ng � , ti,� .k5 At' C, �, $ 4" ',` n e;14,4? r l!'2 t wc.r: !� ha ,1_�i, � Q ?O ` W tb e.: zl`3, ' • <K, rize6 on ra bo_ri liZ 14" 5Y ' 53* V1,1oklowa.®. ',:'e l . p1 foot cn a boarinE of 11 Tri c+ 52w TF '').cyz llatq31 root on ae.i�; A eg 5V CV Eaa W /4 4:c3ne rizz,-.1021.10 foct on n bna i,n4 of '2_1:04° X3.,' 26�'t r `}fit a Ti'yp giq�.;laioh/�lien ppT�. ,00g±p�S�ro�n�,tgrna ^=��j.raq•uir:a$ c'•/f} ld Isi 2^roto nI NA!b h.��4A/! 9�'•�' li./'..Yogs, Plait �iJl'd�C!."T..l:->VI.M1 fiv7 w.T • COUNTY: ` �" ,SEBASTIAN A OWNERS:. ..� being 1477.0 feet due south of the northeast corner of Section 299 Township 30 South, .hangs 39 East. It is understood and agreed that .should there be objections to said adoption of the bulkhead Zine, as so advertised, the County Commissioners are free to adjust the same as if there had been no contrect herein executed with the sole effect that if tber County should 80 alter the teras of the bulkhead line as established and set forth hereinabove, this contract shall be null and void as to all yartiee `.na to all irovisions of said agree-. men.., and the rights of all parties shall revert to the status existing prior to the date of this agreement, 2. The County- will support, in -conjunction with the Sebastian Inlet Commission, the applieeeio:a by the Owners for the land more particularly described below$ and agrees to send a representative to Tallahassee in support thereof: .rrom' the Southeast corner of Section 20, Township' 30 South, Range 39 East, Indian River County, Florida, run North 89 degree, 31 minutes West along the Soutn line of said Section 20 a distance of 2891.01 feet to the point of beginning; thence ..North 24 degrees 24 minutes 21 seconds East, 871©00 feet; thence North 85 degrees 40 minutes, 54 seconds East 69.60 feet; thence North 4 East 350.0 feet• thence 7 degrees 14 minutesLast 35 .00 fee nce North 38 degree 14 minute 24t ; thence North 51 degrees 59 minutes East 1260 .feet; thence South 87 degrees minutes East 150.0 feet; thence. North 63 degrees 44 minutes East 9000 feet; thence North 27 degrees 44 minutes East 35.0 feet; thence North 24 degrees9.J4 minutes West 915.0 feet, thence North 11 degrees 48 rinutes East 315.48 feet; thence South; 22 seconds West 435.0 feet; 3` degrees 42 minutesrees minutes 22 seconds West 230•0cfeet;• theAceeSouth 41 degrees 05 minutes 32 seconds gest thence South 04 degrees 59 minutes 36sc seconds feet; 240.0 feet; thence South 31 degrees nue Wel$ seconds West 29550 feet to a point _ `es 21 minutes 01 circular curve; thence continueontthe aac o fcsaid t circular curve concave to the left, having a radius of 485 feet a distance of 1904 .59 thence North 24 degrees 24 minutes 21 feet co a piois►t a distance of 1281,79 feet, more or lessnds , tr t point of beginning. 3. Phe Owners aCree to convey by special xa.rra%ty acald :sit.hrau : warrante as to condition •of title, to the founty, •l ne to be, u :gid. by See public for park d .. County -4- ;� SEBASTIAN: f rvJi, U PAGL645 010W e recreational purposes, and by Sebastian, its successors or assigns, for inlet purposes as generally stated above, which land is located on the southwesterly and of the sandspit and within the land area included within the application, and more particularly described as follows, to -wit: From the Southeast corner of Section 20, Township 30 South, Range 39 East, Indian River County, Florida, run North 89 degrees 31 minutes West along the South line of said Section 20 a distance of 2891.01 feet to the point of beginning; thence continue along this same bearing 783.90 feet; thence run South 31 degrees 21 minutes 01 seconds West 1213.20 feet to a point of tangency of a circular curve; thence continue on the arc of said circular curve cvncave to the left, having a radius of 485 feet a distance of 1904.59 feet to a point; thence run North 24 degrees 24 minutes 21 seconds East a distance of 1281.79 feet, more or less to the point of beginning. The Owners reserve the right of re-entry in the event said land is not used by the public, either for park and recreational purposes or by.Sebatian for inlet purposesa for a continuous period of ten years fro the date either of such non -uses begins. 4. The Owners agree to convey by special warranty deed without warranty as to condition of title, to the County a strip of land 145 feet, more or less, southeasterly from the established bulkhead line paralleling the inlet, for, said inlet purposes and the construction of a paved road to the park area and for other public purposes, without cost to the Owners, which strip of land is more particularly described as follows, to -wit: From the Southeast corner of Section 20, T:-wnn- -- ship 30 South, Range 39 East, Indian River County, Florida, run North 89 degrees 31 minute West along the South line of .said Section 20 a distance of 3505.98 feet to the pint of beginning; thence North 31 degrees 21 minutes 01 seconds East 1620.0 feet; thence North 34 degrees 51 minutee b3 seconds East 978.84 feet; thence N;-rth 11 degrees 48 &invitee Ea ;t 332.01 feet; thence South 37 de ee 42 mutes 22 secorde West 435.0 feet; thence South 53 degree 42 minetee 22 eeconde Weet 23000 feet; thence Soeth 41 degrees 05 =-ina tee 32 seecnde beet 350.0 feet; theme South 004 degeeee ZP minutce 30 secende West 24000 feet; thence South 31 degrees 21 m netes 01. eeconds West 1741.80 efeset; thence 5 SEBASTIAN: J OWN run South 89 degrees 31 minutes East a distance of 168.93 feet, more or less, to the point of beginning. The Owners reserve the right of reentry in the event the land described in this paragraph is not used for either public purposes, inlet purposes or the construction of a paved road to the park area, for a continuous period of ten years from the date either of such non -uses begins. tr irfliclrl 5. The County shall convey to Sebastian within 90 days after it obtains title to said 145 feet of land described in paragraph 4 hereof, perpetual easement described as, for inlet purposes, a all of the strip of land described in paragraph 4 above, less the southeasterly 70 feet to be used for road purposes. The County reserves the right of re-entry to the land referred to in this paragraph in the event Sebastian fails to use same for inlet purposes for a continuous period of ten years from the date such non-use begins. 6. The Owners will convey to the County an 85 foot right-of-way for the construction of a paved road to the inlet and the park area so conveyed hereinabove, and said right-of-way shall be located within a 400 foot strip of land parallel with the Government Lot lines and extending from Highway A -1-A to the inlet, more particularly described as follows, to -wit: From the Southeast corner of Section 20, Township 30 South, Range 39 East, Indian River County, Florida, run North 89 degrees 31 minutes West 1.27 feet to the center line of State Highway A -1-A; thence North 24 degrees 31 mii.autes West along the center line of said Eiish"•'ray A -1-A 1942.66 feet; thence North 88 de gree: 31 minutes West 55.60 feet to the West right -of -ay of eaid Highway A -1-A or a point of betannin ;; thence continue along this a ame beering 12C,0 feet to Las eraly. rc: ,h•E;-of -w_ey line of e ph°o?oseF.i rt0Adrid Ca0,4r a, . tne� ce D North 34 d 'gree,_ `.;1 minuitox Easy o,ng sa:Pbd right•-of-va feet; thence PilA SIDOAth '8 dez re q m Line +s`? � �• 11J10.',; ri.'ibn,� ,.�� the West rs l �gn�tQ� • :u.V.tt the s t 1: ighteof-spay line of side a. €• rK.n alk%ng said right-cf-w; y b';.ginning. -6m ::1i U PAGcC47 .EL. SEBASTIAN' �s#s►.. OWNERS 141.101.11111SPIMMP 111,41 h 1 Q The exact location of the 85 foot right--of-way within the area described above shall be subject to determination by Sebastian, but the right to so, designate said right-of- way shall expire six months after Owners obtain and record deed to lands described in paragraph 2 above. If not exer- cised, said right to determine the location shall there- after be exercised by the County. In the event the County fails to exercise its right within ninety days after fail- ure of Sebastian, the Owners shall have the right to select said 85 foot right-of-way. The Owners reserve the right of re-entry to the land described in this paragraph in the event same is not used as a paved road right-of-way for a continuous period of ten years from the date such non-use begins. 7. The County shall convey by special warranty deed without warranty as to condition of title, to Sebastian within 90 days after it obtains title to said 85 foot right-of-way described in paragraph 6 above, a 15 foot sWip of land located along the North or South side of said 85 foot right-of-way as determined by Sebastian in writing within said six-month period provided above. In the event Sebastian fails to exercise its right hereunder, then the.County shall convey by special warranty deed with- out warranty as to condition of title, to Sebastian, said 15 foot right-of-way located on the Southerly side of said 85 feet. 8. The County and Sebastian agree to send a represen- tative, without cost to the Owners, with the representative of the Owners to Tallahassee in support of the proposition that the Ownersapplication should be approved. 9. Each of the conveyances enumerated above to be made by one or the other of the parties to this Agreement, • •li:. bP ar"-,,sC on _y attar P'h2 Trustees of the Internal 7 FRAST?Aid : ,mss Improvement Fund have conveyed to the Owners the land • described in paragraph 2 above, and itrtis��1agreed that any and all commitments and obligations of this agree- ment, one party to the other, are completely dependent upon, the approval and conveyance, in toto, by the Trustees of the land described in paragraph 2 above, In the event of the failure of the Owners as a result of this applica7 tion to receive said land for a sum acceptable to the Owners and exercised within six months from the date of filing said application, then in that event this agreement shallte null and void. All conveyances from the Owners to the County, and from the County to Sebastian, shall be made without monetary consideration, and shall be made pursuant to and in consideration of the mutual premises and conditions. as contained herein. The conveyances made herein as between the parties shall be subject to any and all rights existing in that certain lease in favor of one HENRY THOMPSON from the Trustees, which lease expires in 1965. 10. Sebastian and the County agree that the Owners will be permitted to enter upon, over and through the property and right-of-ways conveyed, in a reasonable manner for the purpose of filling or developing the property of the owners in Govern- ment Lots 3 and ++,.and on that part of the .sandspit itself owned by the Owners, without cost to either Sebastian or the County; provided, such development program does not damage the rights of Sebastian and/or the County. 11. Made a part herein by reference thereto for the purpose of clarity in defining the several descriptions as,sat forth herein, is a map prepared by B© Ho MASHBURN, Vero Beach Florida, dated June 16, 1964, and marked EX,HIBIT "A" . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their names, and their COUNTY: SEBASTIAN -_x au�!� U °Pu[ C OWNL kS : 9 • X65 8 P41if 50 seals to be hereunto affixed, by their proper officers hereunto duly authorized, the day and year first above written. INDIAN RIM ,,L ro' FLORIDA Signed, sealed and deliver- 111/ B ed in,7e presence of: hrman o o4r County C,o sm; , ,.71: a ATS' STi �, 'o'.. �. is / 4 7I C erk o its Oh /4 ot3 Commiss Ione ra By (0 AP. SEAL) SEBASTIAN INLET DI TRIOT ha ' r . o 1 `- s `: o' J*1 0 COMM'Jt4 ,) flan ecretary o t :'o Com: ° ( SEAL) (S) (sem) (sr,) (SEAL) (sem) ( SEAL) (SEAL) (SEAL) (SEAL) sec d s y c ATTEST: