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HomeMy WebLinkAbout2011-233 n cn � � � 2i8171t : (,-� 1HI5 DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNT" Y FL 13K : 2543 PG : 416 , I'miel0116 12/ 19/2011 *11 03158 PM . This Instrument Prepared By : JEFFREY K BARTON , CLERK OF Mary K . Thurmond coY1Ri Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No . 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL BOT FILE NO , 310008014 PA NO . THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH : That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Indian River County, Florida, hereinafter referred to as the Lessee , the sovereignty lands described as follows : A parcel of sovereignty submerged land in Section 31 , Township 30 South , Range 39 East, in the Indian River, Indian River County , containing 3 , 541 square feet, more or less , as is more particularly described and shown on Attachment A , dated October 19 , 2007 . TO HAVE THE USE OF the hereinabove described premises from July 25 , 2011 , the effective date of this lease renewal , through July 25 , 2016 , the expiration date of this lease renewal . The terms and conditions on and for which this lease renewal is granted are as follows : 1 . USE OF PROPERTY : The Lessee is hereby authorized to operate an existing 3 - slip docking facility with a non -water dependent historical fish house/shed exclusively to be used for the mooring of recreational vessels for demonstration purposes only in conjunction with an upland public historical facility, without fueling facilities , with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 25 as shown and conditioned in Attachment A . . All of the foregoing subject to the remaining conditions of this lease . [ 02/29 ] CC) UNTYATTORNEY ' S OFFICE INDIAN RIVER COUNTY 1801 27th Street Vero 8mch , Florida 32960 2 . AGREEMENT TO EXTENT OF USE : This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection Environmental Resource Permit. The Lessee shall not ( i) change or add to the approved use of the leased premises as defined herein (e . g. , from commercial to multi - family residential , from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships , from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats , from loading/offloading commercial to rental of wet slips, etc . ) ; ( ii ) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit ; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee ' s interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable , the Lessor ' s written authorization in the form of a modified lease , the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease . If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18 -21 . 011 ( 1 )(b)7 . , Florida Administrative Code , for a fee waived lease , the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21 . 011 , Florida Administrative Code , and if applicable , remove any structures which may no longer qualify for authorization under this lease . 3 . EXAMINATION OF LESSEE ' S RECORDS : The Lessor is hereby specifically authorized and empowered to examine , for the term of this lease including any renewals , plus three (3 ) additional years, at all reasonable hours, the books , records, contracts , and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2 ) above . 4 . MAINTENANCE OF LESSEE ' S RECORDS : The Lessee shall maintain separate accounting records for : ( i) gross revenue derived directly from the use of the leased premises , ( ii) the gross revenue derived indirectly from the use of the leased premises , and (iii) all other gross revenue derived from the Lessee 's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three ( 3 ) additional years . This period shall be extended for an additional two (2 ) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 5 . PROPERTY RIGHTS : The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor . The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee' s leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership . The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re-sold . 6 . INTEREST IN RIPARIAN UPLAND PROPERTY : During the term of this lease, the Lessee shall maintain the interest in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto, and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee' s interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute and documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include , but are not limited to , payment of all fees and/or penalty assessments incurred prior to such act. 7 . ASSIGNMENT OF LEASE : This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terns, conditions and provisions of management standards and applicable laws , rules and regulations in effect at that time . Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect . 8 . INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS : The Lessee shall investigate all claims of every nature arising out of this lease at its expense , and shall indemnify, defend and save and hold harmless the Lessor and the State of Florida from all claims, actions , lawsuits and demands arising out of this lease . Page 2 of 16 Pages Sovereignty Submerged Lands Lease No . 310008014 9 . NOTICES/COMPLIANCE/TERMINATION : The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth , and said provisions and conditions shall be deemed covenants of the Lessee , its successors and assigns . In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth , or in the event the Lessee violates any of the provisions and conditions herein set forth , and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor ' s notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee . If canceled, all of the above- described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U . S . Mail to the following address : Indian River County , Florida C/o Roland DeBlois Chief Environmental and Code Enforcement 1801 27`h Street Vero Beach , Florida 32960 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten ( 10) days before the change is effective . 10 . TAXES AND ASSESSMENTS : The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon , including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease . 11 . NUISANCES OR ILLEGAL OPERATIONS : The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises . 12 . MAINTENANCE OF FACILITY/RIGHT TO INSPECT : The Lessee shall maintain the leased premises in good condition , keeping the structures and equipment located thereon in a good state of repair in the interests of public health , safety and welfare . No dock or pier shall be constructed in any manner that would cause harm to wildlife . The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time . 13 . NON - DISCRIMINATION : The Lessee shall not discriminate against any individual because of that individual 's race, color, religion , sex, national origin , age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area . During the lease term , the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee . It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease ( including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided . 14 . ENFORCEMENT OF PROVISIONS : No failure, or successive failures , on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches . 15 . PERMISSION GRANTED : Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate . Page 3 of 16 Pages Sovereignty Submerged Lands Lease No . 310008014 16 . RENEWAL PROVISIONS : Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms , conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time . In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal . Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term . If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal , the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense . The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee ' s interest in the riparian upland property more particularly described in Attachment B, which shall run with the title to the Lessee ' s interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in title or successors in interest . 17 . REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES : If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease , such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten ( 10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 9 or at such address on record as provided to the Lessor by the Lessee . However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines . 18 . REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY : Subject to the noticing provisions of Paragraph 17 of this lease , any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee ' s interest in the riparian upland property that is more particularly described in Attachment B . This lien on the Lessee ' s interest in the riparian upland property shall be enforceable in summary proceedings as provided by law . 19 . RECORDATION OF LEASE : The Lessee, at its own expense, shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen ( 14) days after receipt, and shall provide to the Lessor within ten ( 10) days following the recordation a copy of the recorded lease in its entirety which contains the O . R. Book and pages at which the lease is recorded . 20 . RIPARIAN RIGHTS/FINAL ADJUDICATION : In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication . Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21 . AMENDMENTS/MODIFICATIONS : This lease is the entire and only agreement between the parties . Its provisions are not severable . Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph , if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required ; and (b) the location or size of the lift does not increase the mooring capacity of the facility . 22 . ADVERTISEMENT/SIGNS/NON -WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS : No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises . No restaurant or dining activities are to occur within the leased premises . The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks , pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures , shall be erected or conducted on or over sovereignty , submerged lands without prior written consent from the Lessor . Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253 , Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 1 & 14 , Florida Administrative Code . This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health , safety or welfare ; provided, however, that such activities shall not exceed the activities authorized by this agreement . Page 4 of 16 Pages Sovereignty Submerged Lands Lease No . 310008014 23 . USACE AUTHORIZATION : Prior to commencement of construction and/or activities authorized herein , the Lessee shall obtain the U . S . Army Corps of Engineers (USACE) permit if it is required by the USACE . Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign , submerged lands . 24 . COMPLIANCE WITH FLORIDA LAWS : On or in conjunction with the use of the leased premises , the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder . Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor . 25 . LIVEABOARDS : The term " liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5 ) consecutive days or a total of ten ( 10) days within a thirty (30) day period . If liveaboards are authorized by paragraph one ( 1 ) of this lease , in no event shall such " liveaboard" status exceed six (6 ) months within any twelve ( 12 ) month period, nor shall any such vessel constitute a legal or primary residence . 26 . GAMBLING VESSELS : During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere , " where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships . 28 . SPECIAL LEASE CONDITIONS : A . Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non-water dependent structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to restore the structure to a safely useable condition . In addition , the use of the non -water dependent structures included in this lease shall not be converted to a new use except as authorized in writing by the Lessor. B . Within 60 days after the Lessor ' s execution of this lease , Lessee shall install and display permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation . Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and shall be required to replace the signs in the event they become faded, damaged or outdated . Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures . The number, type, and procedure for installation of these signs shall be in accordance with the handout, "Permanent Manatee Signs, " which can be obtained from the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section , 620 S . Meridian Street — 6A , Tallahassee, Florida 323994600 (Phone 850/9224330) . C . Within 30 days after each anniversary of the effective date of this lease , the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands , Bureau of Public Land Administration , 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399 . " Income" is defined in subsection 18-21 . 003 (31 ), Florida Administrative Code . The submitted financial records shall be certified by a certified public accountant. Page 5 of 16 Pages Sovereignty Submerged Lands Lease No . 310008014 WITNESSES : BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA r jrture I ' (SEAL) QjW o BY : PrinA ame of Wi ss Jeffery�I�I Gentry, Operatiofis and Management Consultant J t Manager, Bureau of Public Land Administration , (, t Division of State Lands, State of Florida Department of Orig ' al Signa t a Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Nam of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON 7 mo�i ' I //, The foregoing instrument was acknowledged before me this � .J day of J Ck. 6c CL)C A .. , 20. by Jeffery M Gentry Operations and Management Consultant Manager Bureau of Public Land Administration, Division of State Lands State of Florida Department of Environmental Protection as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is person 1 wn to me . APPROV ED AS TO FORM AM LEGALITY : i NoPublic, S ate of Florida UU ,OryDEP Att ney Printed, Typ =thyCbGn State of FloridaM Commis n 1ffiny sion EE148787712015 Commission/Serial No . WITNESSES : Indian River County, Florida (SEAL) By its Board of County Commissioners -A `Original Signaipr4 Original Signature of Executing Authority LE L Bob Solari Type rinte Name WI e •• • •• ed/Printed Name of Executing Authority ogo' .�. •GOMIN/g�o,�. r' inal Signalrure ? Vcuting Authority urs � •�S9ve2 Typed/Printed Name of Witness ti: s "LESSEE" STATE OF FLORIDA •'9? J . K . BARTO , CLERK OF COURT "9R COU ':+� �. ( E�— •IM .Y t• Y • COUNTY OF INDIAN RIVER Deputy Clerk The foregoing instrument was acknowledged before me this 16 day of November , 2011 , by Bob Solari as Chairman, for and on behalf of the Board of County Commissioners of Indian River County, Florida. He is personally known to me or who has produced , as Tnti fication. 1 My Commission Expires : otpRY PUe�i TERRI COLLIN&LISTER Notary Signature . . . • o ? * * MY COMMISSION N EE 012487 EXPIRES : October 30 , 2014 Notary Public' State of Florida N�9TFOF FI�P�r Bonded Thru Budget Notary Services Terri Collins — Lister Commission/Serial No . EE Of L4 � � 7 Printed , Typed or Stamped Name Page 6 of 16 Pages Sovereignty Submerged Land Lease No . 310008014 APPROVED AS TO FORM AND LEGAL SUFFICIENCY E? ? ! _ LdJLX _ WILLIAM K. DEBRA.Al DEPUTY COUNTYATTORNx- Y - dl IF Nt� I •.�A II�ERD - - - - - - - - - ,1C � ,,11 / - - � - - - - � - � � - OFF RIVER CO K /g / dd ��r IF 4 z . \`\\\ 4 1` 1 G IF o 11 . IF Z. F OF I I OF OFF-FIN It I Ia 11 5 I IF IFB ` ._ \ M \\� � ' t OF IN ` \ bA I Light Nr s m80 ) ��IN; I IF IF NN H I ttr ANNOY IN 5 \ ` OFF I ) Na \ 1. Fro � `�-' \ r ' C \ ': \" NNp erg ! c,IF OF 3079 IJ 4 N, �v tr G# N IF �. y / // T it `�� IN 4 id. Fr OFF IF I 50' m �O� osel� o M � ,. IN N, IN t ^— 0. " \ I wa Bea on . FIFF it E� 1 � INFIJI, JtF OF OF Or`�_ tOF Op OF ON F Sea , - :, s V� 9sr r p \ n A ` \ No A� �_ 1x 20 o FL NG GRANTNO J I ON 1�� 4 _ v 11 ONNO � r EON N " NO p I NO a �a Y V \ 7 30 S I 1 cON Nr IF NNN J ON E3 v avr NJ aop © © 7rJ� a �� i ��� A NO NO zzNO ON 4 w � Mac 111 F. - 6 U) Lu _ Ghl i:ah f /7 — as t i // � I ; ' ' �� BA TIAN�M NICIPANIZ lOr y� J; \ ., : ., / A PORI �'li j l ___ � _ . - Z I 4r � �• • . I �Pliing .: '°76 "° C < �C is �\ JON 3 Of OF 0 ON N NO NO � NIIN NFJ NO = � x / �II � _ � �� � —� _�l f 4r` _ NP 9 NO ar _ I� 3075 ` /i� ! . �� �V A 9 l ` ` ! I � � �� a \laa CU \ 1UI; IF �J a lig �'� ' � '� Attachment A Page 7 of 16 Pages SSLL No . 310008014 SKETCH OF DESCRIPTION SHORELINE CONDITION SUBMERGED LANDS LEASE A PART OF AUGUST PARK SUBDIVISION, SECTION 31 , TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA .1 e � t dater � J Std cod o 6 Cl. a- �y JY , 1 \\ �� elk y 2f RpPD � \� . \ , �d __ f 7� y111E51�L1 PNiK � \\ G� CD SONS, S�P1E I Q Ga �fJ�oO N Co p O P�� oPo 4 4 O v � ju V dao avu � O QQ' u � 51 O O� N pR1- P mop ° O aaur oono y1 I � oi I I I � nm > NOT TO SCALE wwww w " THIS IS A FIELD SURVEY " T serving Florida CARTER ASSOCIATES , II�' C . I since 1811 CUNSUL'TING ENGINEERS AND LAND SURVEYUR5 PROJy 07-2895 772-582 - 4181 TEL BY: DLC VER 21ST STREET llflG18204 -AI ERD BEACH, FLORIDA 32800 - 3472 772-602- 7180 FAX DATE: 4�U8�U7 511BET 1 OF 4 Attachment A Page 8 of 16 Pages SSLL No . 310008014 SKETCH OF DESCRlp7101v SUBMERGED LANDS LEASE A PART OF AUGUST PARK SUBDIVISION, SECTION 31 , TOWNSHIP 30 SOUTH, RANGE 39 E45T, INDIAN RIVER COUNTY, FLORIDA �d Ab PROPOSEDPROPDTED rRAMI RALR J RDAT SCIPT (T'NIEAL) Y.,I YNifjtLlNE Cf N INIR ACDAN AIEANAT AS YM USED NV fADY SEB 1 a117J11 ctI-- 1� HD4N1 WVfT IACOGI \ 4LH' T]H04•AC R'/ I?' THEA DIS11Nv 9 TNCSE EX16IgIG • mid 11�'•�+. ^ MOORING PR [S TO UE1 PILINGS t0 REMAIN. S REMOYEO. , (�. '• Y N`` Q �' ` Indlon Rlnr cP•nly. rwrldo) . r •1j;- b v _I old ID.J . 5 --- �i.r — — a Ito" i / y ` ciRf gIII d N1T491 I'wl , t@ � RYI \ rAr ��TTa �yrY 0 t� � a' � ` rFoaD mit 'Ac '� t •.11. ',1,• '•,•.`1. .. � 1 Ft d,64 aem talc � 1• `,. 1 1;•\`;1' Iz S �p O1FNnAl PUBLN: ACCCTS �' I �F J 9 �1 � •., ,I � o b BS „ 1 1_ U 6 �/+y ] Rd'q"Y .y W�' $6 ,y W�, , 0.T' � (:\ �` ,�1 �` •�111� qb ` ,,��'���` � �H� 4 � � 1 rte. �I�1Tr "� l\ ) �t •• �',�\1� - � � Lr w � I 1 ♦ M�• �A3u � o 3y �■ 17e' AUtARK � RPARKA �Au t o N 9YL0 mso'(D! -- � W 1 0.�4.SYINAY.D:RR) dJ •[��0 1 )" ENywP �„DRnF _ LINE LENGI/I _ BEARING IX aFl AA tl . LI _ 2145 548 941E I0 LNr10 LI 7 .37 545'20716 RET! R.D.R. LM _ L3 6_03 567'76_45[00Z __ ¢ � — 000 L4 13. 13 74_19 I1�_ 44 U MDRI IME OF LOT 1 � (� A[ 1 • R[BAA AO - QQU CR 'AVwST PAMR" 9/D. k W �AMP[B D ZD 15 1� U7 563'1948' E ^o ^p oPNtEEl `D./ Jt-'A-79-WDD1-0000-wO01.0 1gAy. 132D3' L6 9. 97 5CO 1L EL .TR' (N.AY.O.'RT) L7 10. 79 54V71S'fj S NN ! NORTH LME Or LOT 1 1L7 .,- 7. 96 S-7 ' 49 e � m a 'ADwst PARx' 3yb. Serving Florida ( IN FEET ) g _ www' THIS IS A FIELD SURVEY " r 1 inch - 40 ft. _ _� Since 1911 IMMIX CARTER ASSOCIGTES , IM & ONSULTING ENGINEERS AND LAND SURVEYORS PR01j07- 209S BY: DLC FSC DOG # 10204 -A1 21ST STREET 772'-662^4191 ( TEL) DATE: 4 /09 0751IEE'1' 2 OF 4 HEACR , FLORIDA 32900 -3472 772 502-7180 (FAX) Attachment A Page 9 of 16 Pages SSLL No . 310008014 SKETCH OF DESCRIPTION / SUBMERGED LANDS LEASE A PART OF AUGUST PARK SUBDIVISION, SECTION 31 , TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA DrgCRIPTIDN OF PROPOSED LEA9.A8L6L PARCEL LYING AND SRUATEO EASTERLY OF •AUGUST PARK• SUBDIVISION, M PARI OF SECTION Jt, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. COMMENCING AT 111E INT1715EC11ON OF THE EAST RIGHT-OF- WAY UNE OF INDIAN RIVER DRIVE (NEW DIXIE HIGHWAY/DLO U.S. HIGHWAY NDA ) AND THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 2 OF SUBDIVISION OF AUGUST PARK SUBDIVISION, AS RECORDED IN PUT BOOK E PAGE 191 5T. 2U 23 COUNTY, FLORIDA: RUN SOUTH 2656'35" EAST ALONG THE SAID EAST RIGHT-OF- WAY OF INDIAN RIVER DRIVE A DISTANCE OF 40.91 FEET; THENCE RUN NORTH 82'12' 23 EAST A DISTANCE OF 78, 41 FEET TO THE DEAN NIGH WATER LxHE OF THE WEST BANKS OF T14C INDIAN RIVER LAGOON AS IT PRESENII.Y EXISTS AND POINT OF BEQNNINC; FROM SAID POINT OF BEGINNING CONTINUE NORTH 82'1723" EAST A DISTANCE OF 87.77 FEET; THENCE RUN NORTH 2873'59• WEST A DISTANCE OF 21 . 23 FEET: THENCE RUN NORTH 6214'49• EAST A DISTANCE OF 39. 94 FEET: THENCE RUN NORTH 2T45' 11 • WEST A DISTANCE OF 11.30 FEET: THENCE RUN NORTH 62'50'39• EAST A DISTANCE IANCE OF J29w FEET; THENCE RUN SOUTH 28U�25" EAST A DISTANCE OF 41.44 FEET: THENCE RUN SOUTH 91'3332• WEST A DISTANCE OF 31 . 51 FEET: THENCE RUN NORTH 28'26' 28" DONED MEAN LINE OF THE IGH ER SSOUTH THE INDIAN RIVER LAGOON* THENCE RUN NORTH549)718+ S THENCE RUN WESTALONGSS/ODCMEAN THIGH WATER UNE A DISTANCE 7OF 10. 28 FEETI TO 1F{ETPOINT OF BEGINNING, OFE OF 30. 52 FEET 10 THE 1 BANK CONTAINING: 3,540.50 SOFT. OR O.OB ACRES MORE OR LESS. DESCRIPTION DFP EF�REA (AOI: WATER DEPENDENT 5I8u uM1) PARCEL LYING AND SITUATED EASTERLY OF •AUCUST PARK SUBDIVISION, IN PMT OF SECTION 31 , TOWNSHIP 3U SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. COMMNCWG AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY UNE OF INDIAN RIVER DRIVE (NEW DIXIE HICHWAY/OLD V.S. HIGHWAY TOM ) AND THE EASTERLY EX TENSION OF THE NORTH UNE OF LOT 2 OF SUUDIASIOH Cr AUGUST PARK SUBDIVISION, AS RECORDED IN PLAT BOOK I, PAGE 19, 51. LUCIE COUNTY, FLORIDA ; RUN SOUTH 28'58']5' EAST ALONG THE SAID EAST RIGHT-OF-WAY OF INDIAN RIVER DRIVE A DISTANCE OF 40.97 FEET; THENCE RUN NORTH 82'12'23" EAST A DISTANCE OF 78.41 FEE 1 . 23 FEET; 1HENGE RON TO THE MEAN HIGH WATER LINE OF THE WEST BANKS OF THE INDIAN RIVER UCOON AS IT PRESENTLY EXIS IS: THENCE CONTINUE N 8 EAST A DISTANCE OF 87 .77 FEET TO THE POINT OF BEG/1T41N6, FROM SAID POINT OF BEGINNING RUN NORTH 28'33'59' WEST A DISTANCE OF 2l1N ""IRTi 6294'49" EAST A DISTANCE OF 51 .48 FEET; THENCE RUN SOUTH 2873'440 EAST A DISTANCE OF 21 .23 FEET; IHEFCF, RUN SOUTH 8214'417 HEST A DISTANCE OF 51 ,40 FEET TO THE POINT OF BEGINNINM CONTAINING: 1,091 .86 SOFT. OR 0.03 ACRES MORE OR LESS, IIP ANDS DFS . Imo_ PARCEL "1' (MUNICIPAL ADDRESS: 1740 INDIAN RIVEN DRIVE) BEGINNING AT THE NORTH UNE OF LOT 2 OF SUBDIVISION OF AUGUST PINK ESTATE YR: THENCE NORTH 1ALONG SAWCSSES SAdO UNE;RIVER TO NORTH LINE OF ALONG SAID ESTATE., HIGHWAY; SOUTH 50 FEET BEING EAST OF SAID HIGHWAY; THENCE EAST TO INDIAN RIYER; THENCE WEST TO A POINT OF BEGENRING, TOGETHER WITH RIPARIAN RIGETS, SAME BEING SITUATED IN SECTION 31, TOWNSHIP 30 SOUTH, RANGE 30 EAST. PARCEL "2 THAT PART OF LOT 1, PLAT OF THE SUBDIVISION OF LAND D< THE ESTATE OF AUGUST PINK, AS RECORDED IN PLAT BOOK 1 , PACE 19, ST, LU CIE COUNTY, FLORIDA OWSX CUM T14ESOUTHO LYING AND SAID LOT DIC IN AND INDIAN THE BEAST RICHT OFNTY `WAAYDAt BEING OF OLD U.S.MHIGHWAYR NO. L 1,RTHENCELY CRRON EAST IBED AS ALONG SAID SOUTH UNE A DIS7ANCEGING AT THE F OF 18.00 AD :P NTHENCE E1F ANINTERIOR ANGLE THENCE RETRACING 15HG6LAST RUN MNT NORTHEAONED STERLY ARSES NSSOUTHWESTERLY TANCE OF LY FAE"STANGE OF 33.00T MORE OR LESS TDFEETE THENCE Got AN MST SHORE NTERIHOR TANGLE NDIAN RIVER R 15316'00" FROM NORTHEASTERLY TO WEST RUN A DISTANCE OF 16.00 FEET 10 THE SAID EAST RIGHT- OF-WAY OF U.S. HIGHWAY NO. 1 ; THENCE AVN DISIANCESOF 37.35FEET� 10ETHEID SENO WESTAY A DISTANCE OF SHORE OF THE INDIAN RIVER: THENCE MEANDERING SOUTHEASIERLLY ALONGFEET' THENCE ON AN ANGLE FROM SOUTH TO SSAW VIC T OF 4SHUREftO THEft1POR4TI OF A BEOMNING. (AS PER OFFICIAL RECORD BOOK 643, PG. 0. 2300 INDIAN RIVER CD., FL ) UPLANDS CONTAINING 49683.25 R.1. DIE 0.11 ACRES. (0) o H oR• NDIE� 1. IMIISS R BEM,, THE RUNANEE AND TIS MENRAE IWSED AAE OF A MOROA UQNUD SIRV[1DN AND YMPER MS g1AWNG SNEItlt PIAT 01I YAP R FOR 91MULNI TIWAL PURPOSES pRY Alq 19 0 VAD. 1 LANDS SHOFM ISR[ON NCM N01 AR3IRACRO DR P[SEM[HED RY 155 OFTK.[ FdN NGI15- DF-WAY, CAS[YDAIS OF RECORD, RESEAVAMN,,, DFNERWEP, ASANOpAlEN15, pC[ 0 RESIPS.IIpNl. [ N REGULATIONS DR SERIAM NRS. LAU USE PLAN DMWATNM, AOAIMNO MDS DIN MUMMY ACI UEEDL IRS ]INKY IS NOT MILMO T9 DEUHEAIE IEILANDS, 1KJM. MEAS OF CONCEAN INT MY DIRER AIRIW) MS,H, DON ANAWEI 3. TOS DLSCPP1gN AND SKF ICN CONSMtS OI F 91[[15 AND CIS R NOT VALID MMOUT OF OMR. 4. TRS UMIWT DOCS NUI NIFND 10 RDLECT DR DETERwE ON* W. S OSE TIES R A TIED SURAY. TRS BIDUNDMV "AT WAS PERTDRNED 10 DEIMAR UNITS OF PARCEL 9URIOMY AU PROPOSED 3logo DNAO LATUS LEASE MID lEp HN A UAT NO PLANE OORDO"W E U WAVE 10 DELMAR SAID MSCRNTW. 6. REMIND DATAA AND NORMP4IAL COd101NA1E VA-DES MC RAISE lA'UN 1M IIDRIH /AIDIILNE WON a IFR]. APIUSIYDFI DF 1999 ESN/991. AND PRpAEC1[P M IK NAI[ PIANO COOnpRHA,F STS TLONM FATI TORE. 0901. I. ALL EIEVATFNS 540" HEREON ART RASHD CII 04. NORM AMERICA" AIRMAIL DAILIM R 19RR (N.AV.P 1955 . 9EIIOMM%: DISC IN CONONEII MONUMENT STAMPED GPS 150 1998'. ELEVARON • 4.37 (N AV .19581 I R.W. 5/ows REH M "Im CAP STAMPED TCL M1A 1RAV. BT[[ % LONG jaDD fEEj 3WMWE31 OF THE NORTHEAST CpWEN OF LOT 2. AUGUST PARK SU6GN9DN MD 1•SB' TCF7 3W MWE3T OF THE NS IAN rot 0 0 LEGEND " THIS IS A FIELD SURVE} ww 6 DIAMETER 7111 aLJRVEyJ5S4L&UEL11JD a � �LL S. C. O. SURVEY CONTROL ONLY THE CONSERVARCH FUND A. M..TH P. 0.8. POINT OF BEGINNING BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT 174U51' t. a OFIHEI�`Jk OF ( ORIOA R . O. W. RIGHT OF WAY INDIAN RIVER COUNTY - r'1rS7 E gvec9R DESCRIPTION CALL L � ' . v (0) OBSERVED DATA .✓\F' LP u' . � u ID IDENTIFICATION NUMBER U u Ei Ino � ,' LLI rrv' + 2, 48 NATURAL GROUND ELEVATION r , s Nmo 0 P.O. C. POINT OF COMMENCEMENT P % 1 , gMATURE DAIIE, ww a m N . G.V.D . NATIONAL GEODETIC VERRCAL DATUM FRA &65, SE, P,S.M. U) N. EL, ELEVATION FlOTON No. 4785 ' • � QN Do Z o INC LB 205 aa � rn " FIRE HYDRANT tv • R9 .�Z, n � . ` e • R • ) ` T � � o ID- p IDENTIFICATION NUMBER F4 ' n DESIGNATED B' PILING _ Serving Fl Orida i'"�� PF � F ; ASSOCIATES , I1�TC - Since 1B. 1I II;R I CONSULTINGENGINEERSENGINEERS AND LAND SURVEYORS yROJ# 07- 2695 E6D 21ST STREET 772 - 582- 4191 TEL BY: CIFSC 7 SHET 4 OF 4 VER1 AERO BEACH, FLORIDA 32960-3472 772 - 682 -7150 (FAX) Attachment A Page 10 of 16 Pages SSLL No . 310008014 DESCRIPTION OF PROPOSED LEASE AREA; PARCEL LYING AND SITUATED EASTERLY OF " AUGUST PARK" SUBDIVISION, IN PART OF SECTION 31 , TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE (NEW DIXIE HIGHWAY/OLD U.S . HIGHWAY NO . 1 ) AND THE EASTERLY EXTENSION OF THE NOR'T'H LINE OF LOT 2 OF SUBDIVISION OF AUGUST PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 1 , PAGE 19 , ST. LUCIE COUNTY, FLORIDA ; RUN SOUTH 26 °56'35 " EAST ALONG THE SAID EAST RIGHT-OF-WAY OF INDIAN RIVER DRIVE A DISTANCE OF 40. 97 FEET ; THENCE RUN NORTH 62012'23 " EAST A DISTANCE OF 78 . 41 FEET TO THE MEAN HIGH WATER LINE OF THE WEST BANKS OF THE INDIAN RIVER LAGOON AS IT PRESENTLY EXISTS AND POINT OF BEGINNING ; FROM SAID POINT OF BEGINNING CONTINUE NORTH 62° 12'23 " EAST A DISTANCE OF 87 .77 FEET ; 'THENCE RUN NORTH 28 ° 33' 59 " WEST A DISTANCE OF 21 .23 FEET; THENCE RUN NORTH 62° 14'49 " EAST A DISTANCE OF 39 . 94 FEET ; THENCE RUN NORTH 27 °45 ' 11 " WEST A DISTANCE OF 11 . 30 FEET; THENCE RUN NORTH 62°50'39 " EAST A DISTANCE OF 38 . 97 FEET ; THENCE RUN SOUTH 28004'25 " EAST A DISTANCE OF 42 . 44 FEET ; THENCE RUN SOUTH 61033132" WEST A DISTANCE OF 31 .51 FEET ; THENCE RUN NORTH 2826'28 " WEST A DISTANCE OF 3 . 37 FEET ; THENCE RUN SOUTH 6123 '45 " WEST A DISTANCE OF 130 . 52 FEET TO THE AFOREMENTIONED MEAN HIGH WATER LINE OF THE WEST BANK OF THE INDIAN RIVER LAGOON ; THENCE RUN NORTH 54007' 16" WEST ALONG SAID MEAN HIGH WATER LINE A DISTANCE OF 10 . 28 FEET TO THE POINT OF BEGINNING . CONTAINING : 3 ,540 . 50 SQ -FT - OR 0.08 ACRES MORE OR LESS . Attachment A Page 11 of 16 Pages SSLL No . 310008014 A PART OF AUGUST PARK SUBDIVISION, SECTION 31 , TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA PROP05ED PROPOSED 6' WIDE 10'1 W X 2071 L FRAME WALK 3 BOAT SLIPS ( TYPICAL) _ APPROXIMATIE CENTERLINE OF T INTRACOASTAL WATERWAY AS MEASURED _ FROM SEBA AN QUADRA GLE" INDIAN RIVER LAGOON 42 44' S28V4 57E , _ g^9 - \ - - THESE EXISTING 9 ISTING 28.8' t `�-aa .h • MOORING PILES TO BE REMAIN . REMOVED. an Rlver --'-' � ; � ' � ,? • ( as per Indian River lorida ) �'il ''i ' �� ice; 1� 1 !; County, Florido) bi th fill I f V3 co rI m 39 . 9' I or � t ,, ` ��,.t, ^�1 .•; � / �Q. z Sw aa in < N27'45'11 'Wj I~ � { L ti ,,{b I ' q goo wOwEt a L39 . 5 _, � 1 x ��� .4; 4 R < � � �• =o o � wit 7;r ON IL 0 G z n � a t 17.7' 0 o o 01J� ,a o 21 . 23 '' to c '° 1412033'50"W a 4� p .PI 2 < FLOOD Z01P ! E aAE- t {0 � f5 Fl. . gid' an amen. s+ we. swr' aa� a aero. wo nnarr �aua aa.w� s wwt ywF - ; aeaaaa `h.� •ano. �� rewworm i lamrnw FWFAM innx a q p ]U 3 4 IrLOOn.. ZONE ' 4E .. v � EL = T v,� 3� 1 '% h N a aQO' t for v, 1D 4♦ 3 vl 'HISTORICAL RESTORATION ' �O iv z o POTENTIAL PUBLIC ACCESS W % JF, a r o w �99� t• O to �x tJ a v S+�i z z a a try zz 4, Ojcz= w� Q �o �� t c� g3 `v t ��ti Qi W 13 .8' Q � NZ CL to Z � O � aru a c —' low ` ;t ; '� VolR z `,ac Q�� Aro .rE, V 7T~ it; t1 • ` , �, , ,1 9' ii ;; or C)o of 2 a Jai G ' \S�` C1��' r' ' – 1 . 1 ' ` �' .`'1 , tit 6 l ''6 ° Ole I �4°i c`X g � � ,ol fl ; Olip 5 ° • to 2 1 r7 a o 01 a 41 Over 31 . 1Oa doe n r I'd ai t : Q� • o W �_ � 25zo o w }3{ 0 QI 1 0 a G'; 002v r g 1 . 76' ORIGINAL PUNTED EAST UNE EXISTING n BLOCK Iz z OF 'AUGUST PARK t rai WALL Frole -. Attachment A Page 12 of 16 Pages SSLL No . 310008014 SKETCH OF DESCRIPTION SHORELINE CONDITION SUBMERGED LANDS LEASE A PART OF AUGUST PARK SUBDIVISION, SECTION 31 , TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDLAN RIVER COUNTY, FLORIDA SHOREI JN`E QQNDITIONS 7. 1000 FEET NDRTH: 26 % CONCRETE SEAWALL o AND 74% NATIVE V=GETATION AND NATURAL NSHORELINE FEE +y 1000 FEET SOUTH: 28: CONCRETE RUBBLE AND 727 NATIVE VEGETATION AND NATURAL v SHORELINE SUBJECT PARCEL: 1007. NATURAL SHORELINE 0 m _o INDIAN RIVER LAGOON .rrwms, rz mne+aaE or M rnum+s+.� Mu y U �siaw>® emi ^ldsw u .wuct Na v p n � o C aarrr s g s N o c ion sy� uN N C a vDi � C n Y6[CI LMMC N � tp h O, Af11 WK Q) 5 » i 0) O " THIS ISA FIELD SURVEY " (NOT TO SCALE) S ruing 921 ride O CARTER ASSOCIATES INC . Q � I o CONSULTING ENGINEERS AND LAND SURVEYORS PRDJJ07-269S � r BY: DLC DWG # 18284 -AS 4 17DB 21ST STREET 772-562-4191TEL DATE: 4/09/07 SHEET 3 OF 4 VERO BEACH, FLORIDA 32960- 3472 772-562 -7180 (FAX) O E J J Q � (A PREPARED BY AND RETURN TO : MARTIN S . AWERBACH, ESQ . 1912770 AWERI3ACH & COIIN, P.A. THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF 2600 McCORMICK DRIVE INDIAN RIVER COUNTY FL BK : 2122 PG : 24141 Pagel of 3 SUITE 100 01/1 W007 at 02 : 67 PM , CLEARWATER, FL 33759 D DOCTAX PD $6260 .00 (727) 725 -3227 JEFFREY K BARTON, CLERK OF COURT FILE NO , 4056 (Space Above This Line rur 11 a ding Dale) WARRANTY DEED 1TIIS WARRANTY DEED made this I day of January , 2007 , by Viola S . Judah, joined by her husband, James C. Judah , whose post office address is 13390 Indian River Drive, Sebastian, FL 32958, hereinafter called the grantor, to Indian River County, it political subdivision of the State of Florida, whose post office address is 1840 25u' Street, Vero Beach, FL 32960, hereinafter called the grantee . WITNESSETH : That the grantor, for and in consideration of the suis of Ten and No/ 100 Dollars ($ 10 . 00) and other good and valuable considerations , receipt whereof' is hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and confine unto the grantee, all that certain land situate in Indian River County , Florida, to -wit : See Exhibit "A" attached hereto Tax Parcel No . 30-39-31 -00001 -0000-00001 / 9 TOGETHER with all the tenements , hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that grantor is lawfully seized of said land ill fee supple ; that the grantor has good right and lawful authority to sell and convey said land ; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claues of all persons whomsoever ; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31 , 2006 . IN WITNESS WHEREOF , the said grantor has signed and sealed these presents die day and year first above written. Page 1 of 3 Attachment B Page 14 of 16 Pages SSLL No . 310008014 Signed , sealed and delivered in die presence of: Witness 1 : pint VDnn � - rf' ► �[ � L) ► n Witness 2 • VIOLA S . JUDAI sign prim STATE OF FLORIDA COUNTY OF 1= THE FOREGOING INSTRUMENT was ac owledged before me on this 7• ilk day of January , 2007 , by Viola S. Judah, who is personally known to me or (_� who produced for identification . tary Public My eonunission expires : YVONNE Be FE' 0 We of Fl m orida My ComExp. Jan. 15 2001 Signed, sealed and delivered in the presence of: Comm. # DD 17788 Witness 1 : SirC pnm Dt& � • Witness 2 : AML C . JUDAH dgn print STATE OF FLORIDA � COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me on this day of January 007 , by Ja es C . Judal► who is (___) personally known to me or CLI :ffwho produced __ for identification . N Public NP commission YYONNE f FiTIC Page 2 of 3 sem° oMyCr. EX75, 2007 Cm998 Attachment B Page 15 of 16 Pages SSLL No . 310008014 Exhibit "A" PAROL 1 THAT PART OF LOT ). PLAT OF THE SUBOIVISON OF THE ESTATE OF AUGUST PARK, AS RECORDED 1N PLAT BOWL 1 AT PACE 19, OF THE PUBLIC RECORDS OF Sr. LUCIE COUNTY, FLORIDA NOW LYING AND BEING IN WDIAN RIVER COUNTY, FLORIDA, BEING MORE PAR77CLJL-ARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT I AND THE EAST RIGHT OF WAY LINE OF OLD U. S. HIGHWAY NO. 1: THENCE RUN EAST ALONG SAID SOUTH LINE A DISTANCE OF .18. 0 FEET: THENCE AN INTERIOR ANGLE OF 15316 '00: RUN NORTHEASTERLY A DISTANCE OF 33 FEET MORE OR LESS TO THE WEST SNORE OF 714E INDIAN RIWFR AND POINT OF BEGMINLL THENCE RETRACING LAST MENTIONED COURSES RUN SOUIHWESTERLY A DISTANCE OF J3 FEE IHENCE ON AN INTERIOR ANGLE OF 15J976'00' FROM NORTHEASTERLY TO WEST RUN A DISTANCE OF iB FEET TD SAID EAST RIGHT OF WAY OF U.S. HIGHWAY N0, 1; THENCE RUIN NORTHWESTERLY ALONG SAID EAST RICHT OF WAY LINE A DISTANCE OF 2040 FEET; THENCE ON AN ANGLE FROM REST SHORE OF THE INDIAN RISER: THENCEMUTH EAST INMEANDERING SOUTHEASTERLY AL4foop RUN ONG NORTHEASTERLY 3TSTO AID AIDH WEST SHORE 70 EPOINA DISTANCE Or 37,J5 ( Or BEGNNINC. PARCU 2 RUNG SOUTH ALON ON THE NG SAIDRTH NE OF HIGHWAYAI� ODT Z WHERE THE FEEf, 7HENL'E RUN EASTLINE TO THE T1E NEW DIME INDAN RIVER: HI WAY THENCE RUN SNORTH ADLONG MEENCE INDIAN RIVER TO THE NORTH LINE OF LOT 2; THENCE RUN WEST TO THE POINT OF BECWNINC, TOGETHER WITH ALL OF THE RIPARIAN RIGHTS APPERTAINING THEREO` SAID LOTS BEING A PORTION OF THE SUBDIVISION OF THE ESTATE OF AUGUST PARK, AS RECORDED IN PLAT BOOK 1 AT PAGE 19, OF ME PUBLIC REGURDS OF ST, LUCI£ COUNTY, FLORIDA SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PAR= I AND 2 (combined) =Hr. ALSO DWSCRIB6D BY 1'HS SURVEYOR AS FOLI.OVS:nUION or _ THAT Mr Or BOOK I AT PAC�, JOF�iB PUBLIC PECORDB F ST. LUCTS COUNTY,AFLORIDA NOW AND BSINT9 OF AUGUST PAML AS CDIN INDIAN ED IN T RIYSR COUINTT. FIARIDA. BEING MORE PAR77CUL4RLT O&SCHWKD AS FOLLOM`J: BSGlN ON TNS NORIIT ERNS OF 8A111 IAT ati IIHSR6 THS SART RICBT OF WAY UNS OF INDIAN RIVER DRIVE (A. K.A. OID U.S. MGHIIAT ND. I, NSR DIM IIIGHKAT, DWK BIGIf1TAT) GHEMM SAID IJNS, TUENCE S26'58 '40 'E ALUNG 3AID LAST R10RT OF KAY LTHF 50.00 FETT: SIf7IIPCS NBT83 '4805 A DLSTANCB OF 20.81 FEST TO AN IRON ROD AND CAP STAAIPAD "CARTER Ar ASSOC14TWO IDSNlgvnWG AN TNTERMMOlf Irmf TIES RfSTOR1GAL wxsT MORK OF TITS INDIAN RTVRR As SHOITN ON THE SAID PIAT OF AUGUST PARR; THSNCS NBV0543409 A DISTANCS OF BT.83 HW 7U 'M "AN IDGIf TATER IJK8 OF TRE LNMH RIYII{: MENCE 1716 FOLLOWING OAIl9 ALONG LAID MEAN RICH TATER LJNR: N60643'04 'N; 6.67 FJIbT N4tT34 'OI "1T, [ 8.68 1'S8T N78'F7'0$'IT 8619P FEET,* TRENCS N64'3J '44"T, 33.11 FEST: THENCE N3B'87'JU 'T' SAID TAMC RIGRT OO 7TKffo* HENNE Or Lg VI NG AI BU DAIVXO S NIGH EAMTfM004 00400S DISTANCE OF 200 DISTANG9 OF 40A3 FEET TO FEET "ACK 1 L6 POINT OF BEGINNING. Page 3 of 3 Attachment B Page 16 of 16 Pages SSLL No . 310008014