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HomeMy WebLinkAbout2005-003ORDINANCE NO. 2005- 003 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 20.48 ACRES LOCATED AT THE SOUTHEAST CORNER OF C.R 510 AND THE INDIAN RIVER LAGOON FROM RS -3, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE) TO RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: A PARCEL OF LAND SITUATED IN PART OF SECTIONS 26 AND 27 OF TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON SECTION CORNER OF SECTION 22, 23, 26 AND 27 OF TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN S.00° 00' 47" W. ALONG THE COMMON SECTION LINE OF SAID SECTION 26 AND 27, A DISTANCE OF 40.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF C.R. 510/WABASSO ROAD AND POINT OF BEGINNING. FROM SAID POINT OF BEGINNING RUN S. 89° 59' 14"E. ALONG SAID SOUTH RIGHT OF WAY LINE OF C.R. 510/ WABASSO ROAD, A DISTANCE OF 328.50 FEET; THENCE RUN Page 1 of 5 ORDINANCE NO. 2005- 003 S.00° 00' 47" W AND PARALLEL TO THE AFOREMENTIONED COMMON SECTION LINE OF SECTIONS 26 AND 27, A DISTANCE OF 646.40 FEET; THENCE RUN N. 89° 59' 14" W. AND PARALLEL TO THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 328.50 FEET TO SAID COMMON SECTION LINE OF SECTION 26 AND 27, THENCE RUN S 00°24' 42" E. ALONG SAID COMMON SECTION LINE OF SECTION 26 AND 27, A DISTANCE OF 294.47 FEET; THENCE RUN N. 77° 55' 49" W. ALONG THAT CERTAIN PARCEL DESCRIBED AS "SUBMERGED LANDS" IN OFFICIAL RECORDS BOOK 883, PAGE 351 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 414.08 FEET; THENCE S. 64° 20' 40" W. A DISTANCE OF 129.00 FEET; THENCE RUN N. 47°17' 20" W. A DISTANCE OF 154.00 FEET; THENCE RUN S. 68° 22' 40" W. A DISTANCE OF 180.00 FEET; THENCE RUN THE FOLLOWING COURSES WHICH ONCE FOLLOWED AN EXISTING CENTERLINE OF SEAWALL: N. 31° 47' 42" W. 81.00 FEET; N. 37° 07' 53" W. 72.67 FEET; N 44° 54' 11" W. 18.34 FEET; N 32° 28' 03" W. 32.01 FEET; N 31° 57' 08" W. 50.03 FEET; N 31° 27' 35" W. 77.74 FEET; N 29° 43' 19" W. 50.00 FEET; N. 30° 03' 57" W. 50.00 FEET; N. 29° 36' 27" W. 50.00 FEET; N. 29° 19' 02" W. 29.94 FEET; N. 29° 11' 01" W. 20.06 FEET; N. 28° 41' 42"W. 118.65 FEET TO THE AFOREMENTIONED SOUTH RIGHT OF WAY LINE OF C.R. 510/ WABASSO ROAD; THENCE RUN N. 52° 06' 21"E. ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 142.26 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1081.05 FEET, A CENTRAL ANGLE OF 37° 46' 37", SUBTENDED BY A CHORD BEARING AND DISTANCE OF N.70° 50'56" E. 699.93 FEET AND AN ARC DISTANCE 712.77 FEET TO THE POINT OF TANGENCY; THENCE RUN N. 89° 45' 42" E. A DISTANCE OF 365.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 23.88 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. is changed from RS -3, Single Family Residential District (up to 3 units/ acre), to RS -6, Single Family Residential District (up to 6 units/acre) LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS; CONSERVATION PARCEL "A" COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00° 00' 47" WEST ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 510 (WABASSO ROAD); THENCE DEPARTING SAID EAST LINE RUN SOUTH 89° 45' 42" WEST ALONG SAID Page 2 of 5 ORDINANCE NO. 2005- 003 SOUTH RIGHT OF WAY LINE A DISTANCE OF 365.96 FEET TO THE POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1081.05 FEET, A CENTRAL ANGLE OF 37° 46' 37" WHOSE CHORD BEARS SOUTH 70° 50' 56" WEST FOR A DISTANCE OF 699.93 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 712.77 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 52° 06' 21" WEST, ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 85.19 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTH 52° 06' 21" WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 57.07 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY RUN SOUTH 28° 41' 42" EAST A DISTANCE OF 67.98 FEET; THENCE RUN NORTH 07° 27' 30" EAST A DISTANCE OF 95.49 FEET TO THE POINT OF BEGINNING. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 0.04 ACRES, MORE OR LESS. AND CONSERVATION PARCEL `B" COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00° 00' 47" WEST ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 692.07 FEET THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN SOUTH 69°50' 42'WEST A DISTANCE OF 22.96 FEET; THENCE SOUTH 74° 42' 26" WEST A DISTANCE OF 103.29 FEET; THENCE SOUTH 78° 32" 43" WEST A DISTANCE OF 47.41 FEET; THENCE SOUTH 85° 24' 42" WEST A DISTANCE OF 112.04 FEET; THENCE NORTH 89° 34' 39" WEST A DISTANCE OF 58.97 FEET; THENCE SOUTH 68° 52' 31" WEST A DISTANCE OF 46.98 FEET; THENCE SOUTH 18° 47' 04" WEST A DISTANCE OF 15.16 FEET; THENCE SOUTH 45° 58' 14" WEST A DISTANCE OF 31.38 FEET; THENCE SOUTH 59° 32' 02" WEST A DISTANCE OF 47.63 FEET; THENCE SOUTH 55°39' 48" WEST A DISTANCE OF 20.31 FEET; THENCE SOUTH 79°48'00" WEST A DISTANCE OF 25.98 FEET; THENCE NORTH 53° 45' 28" WEST A DISTANCE OF 13.31 FEET; THENCE NORTH 32° 06' 56" WEST A DISTANCE OF 36.44 FEET; THENCE NORTH 48° 01' 13" WEST A DISTANCE OF 45.86 FEET; THENCE NORTH 60°10' 59" WEST A DISTANCE OF 18.47 FEET; THENCE NORTH 79° 02' 22" WEST A DISTANCE OF 69.76 FEET; THENCE SOUTH 67° 52' 42" WEST A DISTANCE OF 225.90 FEET; THENCE SOUTH 37° 07' 53" EAST A DISTANCE OF 14.31 FEET; THENCE SOUTH 31° 47' 42" WEST A DISTANCE OF 81.00 FEET; THENCE NORTH 68° 22' 40" EAST A DISTANCE OF 180.00 FEET; THENCE SOUTH 47° 17' 20" EAST A DISTANCE OF 154.00 FEET; THENCE NORTH 64° 20' 40" EAST A DISTANCE OF 129.00 FEET; THENCE SOUTH 77° 55' 49" EAST A DISTANCE OF 414.08 FEET; THENCE NORTH 00° 24' 42' WEST A DISTANCE OF 288.73 FEET TO THE POINT OF BEGINNING. SAID LAND BEING AND LYING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 2.94 ACRES, MORE OR LESS. AND Page 3 of 5 ORDINANCE NO. 2005- 003 CONSERVATION PARCEL "C" COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00°00'47" WEST ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF686.33 FEET; THENCE SOUTH 89°59'14" EAST A DISTANCE OF 16.63 FEET TO THE POINT OF BEGINNING; FROM SAID POINT BEGINNING RUN NORTH 69°50'42" EAST A DISTANCE OF 45.55 FEET; THENCE NORTH 76°57'09" EAST A DISTANCE OF 82.41 FEET; NORTH 62° 03'53" EAST A DISTANCE OF 157.82 FEET; THENCE NORTH 59°00'35" EAST A DISTANCE OF 58.80 FEET; THENCE SOUTH 00°00'47" WEST ALONG THE EAST LINE OF THE WEST 328 50 FEET OF SAID SECTION 28 A DISTANCE OF 138.58 FEET; THENCE NORTH 89°59'14" WEST A DISTANCE OF 312.84 FEET TO THE POINT OF BEGINNING. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 0.42 ACRES, MORE OR LESS. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 8`h day of February, 2005. This ordinance was advertised in the Press -Journal on the 24th day of January, 2005, for a public hearing to be held on the 8th day of February, 2005, at which time it was moved for adoption by Commissioner Wheel er , seconded by Commissioner Davi s , and adopted by the following vote: Thomas S. Lowther, Chairman Aye Arthur R. Neuberger, Vice Chairman Aye Wesley S. Davis, Commissioner Aye Gary C. Wheeler, Commissioner Aye Sandra L Bowden, Commissioner Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: ILL.S L_ ik Thomas S. Lowther, Chairman Page 4 of 5 ORDINANCE NO. 2005- 003 ATTEST B Jeffrey K. Barton, Clerk • This ordinance was filed with the Department of State on the following date: FEB 2 1 2005 APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robe M. Keating, AICP; Comm nity Develo : ent Director F:\Community Development\Users\LONG RANGE\Rzon\Lier\Ordinance Lier RS-6.doc Page 5 of 5 Office of INDIAN RIVER COUNTY ATTORNEY William G. Collins II, County Attorney Marian E. Fell, Assistant County Attorney William K. DeBraal, Assistant County Attorney TO: FROM: DATE: SUBJECT: MEMORANDUM Clerk to the Board of County Commissioners lliam G. Collins II - County Attorney January 6, 2006 Diminimus Error in Legal Description of Conservation Areas Within Ordinance 2004-033 and Ordinance 2005-003 (the Lier Property) 1. Ordinance 2004-033 rezoned property lying south of County Road 510 and east of the Indian River from A-1 to RS -3 in part and rezoned 3.4 acres from A-1 to CON -2. Included among the CON -2 zoned property was a "Parcel A" consisting of .04 acres. This rezoning was approved by the Board on October 19, 2004. 2. Subsequently by Ordinance 2005-003 the Board of County Commissioners rezoned the upland portion from RS -3 to RS -6, but the Conservation Parcel A was continued to be described as .04 acres. This ordinance was approved on January 24, 2005 in settlement of a lawsuit. The property was deed restricted to no more than 3 units per acre despite the RS -6 zoning as part of the settlement. The intent was to allow smaller lots but maintain the RS -3 density. 3. On April 29, 2005 I received correspondence from attorney Bruce Barkett indicating that the Conservation Parcel A legal description was in error. The Environmental Consultant's field notes were misinterpreted by the surveyor to include approximately .038 acres within the CON -2 zone which actually lies east of the bulkhead along the river. Attached please find Mr Barkett's correspondence which includes copies of both of the above ordinances along with the Surveyor's Affidavit with sketch and correct legal description. The Environmental Consultant's Affidavit and original field notes. I have tabbed the sketch that shows as a yellow -hatched area the portion of the property erroneously included in Parcel A of the Conservation zoned land lying east of the bulkhead. CONCLUSION: Since the above-mentioned ordinances contain an error in the description of that portion of the Conservation Area described as Parcel A, please retain copies of the attached documents in the file where you hold Ordinances 2004-033 and 2005-003 so that the correct description will be at hand. I have also tabbed the Surveyor's corrected legal description of Conservation Parcel A consisting of 74.94 square feet more or less. WGC/nhm Attachments cc: Robert M. Keating, AICP - Community Development Director Bruce Barkett, Esq. P.S. Please note correspondence from Mr. Barkett dated May 18, 2005 (attached) which represents that the increase in the RS -6 area of .038 acres is only 1,655.28 square feet which is significantly less than the size of one building lot in the RS -6 district and whereby he represents on behalf of the Liers and the buyer that this is a diminimus correction which will not result in any additional residential units on the property. • 2 F:\Attorney\Nancy\DOCS\MEMO\tier rezoning.doc BRUCE D. BARKETT CALVIN B. BROWN WILLIAM W. CALDWELL GEORGE G. COLLINS, JR.• MICHAEL J. GARAVAGLIA RONALD KEITH LAWN*" LISA N. THOMPSON*** BRUCE R. ABERNETHY, JR., OF COUNSEL*" STEVEN L HENDERSON, OF COUNSEL* *BOARD CERTIFIED IN REAL. ESTATE "MASTER OF LAWS IN TAXATION ***MASTER OF LAWS IN REAL PROPERTY DEVELOPMENT +BOARD CERTIFIED IN WILLS, TRUSTS, AND ESTATES AALSO ADMITTED IN DC AND SC Collins, Brown, Caicwell, Bar ieitt & GaravagllIla CHARTERED ATTORNEYS AT LAW 756 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32963 CEt JED MAY 3 2005 COUNTY ATTORNEY'S OFFICE PLEASE REPLY TO: POST OFFICE BOX 64-3686 VERO BEACH, FLORIDA 32964-3686 772-231-4343 TELEFAX: 772 - 234 - 5213 INTERNET: CBC@VEROLAW.COM April 29, 2095 Wiliam G. Collins, Esq. County Attorney 1840 25th Street Vero Beach, Florida 32960-3365 Re : tier Re -Zoning: Ordinance No. 2004-033 and 2005-003 Dear Will: The above referenced ordinances re -zoned the Lier property. Ordinance No. 2004-033 re -zoned 20.4 acres to RS3, and the remaining 3 4 acres to CON -2, Estuarine Wetlands Conservation District. Ordinance No. 2005-003 re -zoned the upland 20.4 acres from RS3 to RS6, but "less and except" the 3.4 acres previously zoned CON -2. The problem is tnat the original ordinance,and therefore the subsequent ordinance, contained an erroneous legal description for Conservation Parcel "Al" one of the CON -2 tracts. Please find enclosed the Surveycr s Affidavit (Frank S. Cuccurese, P.S.M. 4765), and the Environmental Consultant's Affidavit CGeorge Kulczycki of GK Environmental, Inc., who originally flagged the wetlands), confirming that onservation Parcel "A" contained an erroneous legal description. The errors resulted from rfiisinterpretations of Mr. Kulczycki's field notes, also enclosed. Mr. Kulczycki had "flagged" a straight line along a bulkhead at the northwest corner of the property; however; in the surveyors office, that line became a triangle encompassing real estate which does not contain estuarine wetlands. This letter is to request that Ordinance No. 2004-033 and 2005-003 be amended to incorporate the correct legal description for Conservation Parcel "A " I enclose for your use, reference and notes, the following: 1. Ordinance 2004-033; 2. Ordinance 2005-003; 3. Surveyor's Affidavit with sketch and legal description; 4. Environmental Consultant's Affidavit; and 5. Environmental Consultant's original field notes, with additional notations indicating the sou ce of the error. Please fee free to contact me directly if I can provide any additional information. Icr a truly y BRUCE D. BARKETT For the Firm BDB:oms Enciosu-es cc. Roland Dubiois w/enc. PeLr & John Lier w/o enc. Cary Giickstein w/o enc. SURVEYOR'S AFFIDAVIT STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me the undersigned authority, personally appeared Frank S. Cuccurese (Affiant"), who, after first being duly sworn, deposes and says the following: 1. Affiant is a duly licensed, practicing and Registered Professional Surveyor and Mapper in the state of Florida holding Registration Number 4765, employed at Carter Associates Inc., 1708 21s` street, Vero Beach, Florida 3260. 2. Affiant had prepared a description of a conservation parcel for record, better known as Conservation Parcel "A' of Ordinance No. 2005-003 of Indian River County, Florida, approved and adopted February 8`i1, 2005 by the Board of County Commissioners of Indian River County, Florida. 3.. Affiant has reviewed said description of Conservation Parcel "A" and notes errors of bearing course describing said parcel. Errors had resulted from misinterpetations recorded by the drafting technician from observing flagged limits marked by George Kulczycki of GK Environmental Inc, field notes dated May 23, 2004. 4. That the point of beginning and various courses noted in said Conservation Parcel "A" description have been revised and corrected by a new description and sketch depicted in Exhibit "A" attached hereto. 5. That this Affidavit meets Florida Statutes 177.141 of the land boundaries, a resurvey of the subject area was performed, and no evidence exists on the ground that would conflict with the corrections as depicted in Exhibit `A", attached hereto. Further, Affiant sayeth naught. Dated this 22t11 day of April, 2005 Carter Associates, Inc: A Florida -Corporation The foregoing instrument was acknowledged this before m by Frank S. Cuccurese, who is personally known to me or w as identification. nk S. Cuccui-ese, P.S.M. 4765 J:\Pat\04-292AFFi DCON S-A.duc sc 2 d. • of lis produce Qaaltei! ,2005; LPA Signatyre of Notary gibe etki 1.., lettir-PAle Printed Name of Notary Notary Public, State of Florida �r guy- Karen L Kuehne Notary Commission Commission uu080454 Expires March 20, 2008. S:1P104-292sIdwg104292s.DWG, affidavit con2, 04/22/2005 02:2513 PM, FSC 0 U Serving Florida Since 1911 SKETCH 2k7=1081.05 L=712.77 Tan= 369.88 Del ta=37'46'37 Chd. Brg. S70'50'56"W 699.93' OF CONSERVATION PARCEL EXHIBIT "A" POINT OF BEGINNING' OF CONSER VA TION PARCEL "A" WETLAND BOUNDARY LINE FOUND 4"x 41' "S.R.D." 3.47' NE 2 POINT OF COMMENCEMEN T NE CORNER SEC 27— 31— 39. 27 22 S 89'45'42" W �., 365.96' SOUTH R.O. W. OF WABASSO ROAD • 0.5 pp RpP Solvss e P of 3.47 1.66' LEGEND R. O. W. (0) (C) >3-B CM SRD POINT OF TERMINUS OF CONSER VA TION PARCEL "A" WETLAND BOUNDARY LINE . N 27`27'22" W 118.65'(D) N 28'41'42" W 118.65'(C) -i cmcd-N -SA O c 23 26 RIGHT OF WA Y DEED CALL CALCULATED DATA 2 - B �. j '303_ cp N 27'56'41" W 20.069(0) N 2911'01" W 20.06'(C) N 28'04'42" W 29.94'(D) N 2919'02" W 29.94'(C) N 28"22'07" W 50.00'(D) N 29'36 27" W 50 00 (C) WETLAND L/M/TS FLAGGING TH ASSIGNED NUMBER BY GK ENVIRONMENTAL INC. CONCRETE MONUMENT STATE ROAD DEPARTMENT APPROXIMATE EAST SHORE AND MEAN HIGH WATER LINE 'CARTER ASSOCIATES. INC. CONSUL77NO ENQINEERS AND LAND SURVEYORS 1708 21st STREET 772-562-4191 (PHONE) VERO BEACH, FLORIDA 32960 772-562-7180 (FAX) B a GRAPHIC SCALE 60 - O .30 i 60 ( IN FEET ) 1 inch = 60 It. NOTE: SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION AND SURVEYOR'S CERTIFICATION PROJ# 04-292S 17214—A BY FSC DATE: 4-22-05 SHEET 1 OF 2 Serving Florida Since 1911 DESCRIPTION OF CONSER VA TION PARCEL 2 EXHIBIT "A " CONSERVATION PARCEL "A" REVISED A STRIP OF LAND BEING EASTERLY OF THE APPROXIMATE MEAN HIGH WATER LINE OF THE EAST SHORE OF THE INDIAN RIVER LAGOON AND WESTERLY OF THE FOLLOWING DESCRIBED WETLAND BOUNDARY LINE: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00'00'47" WEST ALONG THE EAST LINE OF SAID SECTION 27. A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 510 (WABASSO ROAD); THENCE DEPARTING SAID EAST LINE RUN SOUTH 89'45'42' WEST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 365.96 FEET TO THE POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1081.05 FEET, A CENTRAL ANGLE OF 37'46'37" WHOSE CHORD BEARS SOUTH 70'50'56" WEST FOR A DISTANCE OF 699 93 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 712.77 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 52'06'21" WEST, ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 140.60 FEET TO THE POINT OF BEGINNING OF SAID WETLAND BOUNDARY LINE, SAID POINT OF BEGINNING BEING 1.66 FEET NORTHEASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE FROM THE APPROXIMATE MEAN HIGH WATER LINE OF AFORESAID EAST SHORE: FROM SAID POINT OF BEGINNING RUN SOUTH 24'28657" EAST A DISTANCE OF 31.86 FEET; THENCE RUN SOUTH 33'46'26" EAST A DISTANCE OF 43.81 FEET; THENCE RUN SOUTH 61'1818" WEST A DISTANCE OF 3.18 FEET TO THE AFORESAID APPROXIMATE MEAN HIGH WATER LINE AND POINT OF TERMINUS. SAID STRIP OF LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 74.94 SQUARE FEET MORE OR LESS. SURVEYOR'S NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. NO FOUNDATIONS OR UNDERGROUND INSTALLATIONS HAVE BEEN FIELD LOCATED PER THIS SURVEY UNLESS OTHERWISE NOTED. 3. SUBJECT PROPERTY APPEARS TO LIE IN MULTIPLE FLOOD ZONES "AE" (ELEVATION AND "AE" (ELEVATION 9') PER INSURANCE RATE MAPS NUMBER 12061C0091E AND 12061C0083G COMMUNITY NUMBER 120119, PANEL NUMBERS 0083 AND 0091, SUFFIX EFFECTIVE DATED MAY 4; 1989, MAP INDEX' DATE JUNE 30. 1999. • 4. THIS EXHIBIT IS A SKETCH OF DESCRIPTION AND WAS PREPARED TO GRAPHICALLY DEPICT AREAS DETERMINED AS WETLAND BY GK ENVIRONMENTAL; INC. 5. THE DESCRIPTION SHOWN WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER. 6. THE SURVEY FIELD 'WORK WAS COMPLETED APRIL 22, 2005. 7. BEARINGS SHOWN HEREON ARE BASED UPON GRID NORTH. THE COMMON LINE BETWEEN SECTIONS 26 AND 27, BETWEEN MONUMENTED CORNERS IS ASSUMED TO BEAR SOUTH. 00 00 27" WEST. ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 8. THE EXPECTED USE OF THE LAND, AS CLASSIFIED BY THE MINIMUM TECHNICAL STANDARDS (61G17-6. F.A.C.) IS SUBURBAN THE MINIMUM RELATIVE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY I5 1 FOOT IN 7,500. THE MEASUREMENTS AND CALCULATIONS OF THE CLOSED GEOMETRIC FIGURE WERE FOUND TO EXCEED THIS ACCURACY REQUIREMENT. 9. THIS SKETCH DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP. 10. WETLAND LOCATION AS SHOWN HEREON PER STAKES PLACED IN FIELD BY GEORGE R. KULCZYCKI, G.K. ENVIRONMENTAL, INC. DATED MAY 23, 2004. CARTER ASSOCIATES. INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21s1 STREET 772-562-4191 (PHONE) VERO BEACH, FLORIDA 32960 772-562-7180 (FAX) FRANKS. Co CURESE1. P; S.M. SIGNATURE DATE FLORIDA LIC; NSE. No. 4765 CARTER A OCIATES. INC C H' 205 PROJ# 04-292S 17214—A BY FSC DATE: 4-22-05 SHEET 2 OF 2 ENVIRONMENTAL CONSULTANT'S AFFIDAVIT STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me this day, personally appeared George Kulczycki ("Affiant") who, after being first duly sworn, deposed and stated as follows: 1. Affiant is an Environmental Consultant, owner and President of GK Environmental, Inc. 2. . Affiant was engaged to flag the estuarine wetlandsfor the purposes of re -zoning the Lier Property at the corner of County Road 510 and its intersection with the Indian River Lagoon. 3. Affiant flagged the estuarine wetlands and delivered his field notes to Carter & Associates, Inc. 4. There was an apparent misinterpretation of Affiant's field notes and field flagging regarding the location of the CON -2 area within the Northwest corner of the Lier Property. The survey is in error, and there should be no CON -2 zoning landward of the bulkhead line in this area. The wetland line/CON-2 line runs along the shoreline and bulkhead in this area,,as reflected in Affiant's previously submitted field notes. Affiant did not receive a copy of the surveyed CON -2 line following Affiant's field work and was not aware of this apparent error in the survey. In addition, Affiant met with St. - John's -Rives Water Management District representatives onsite and they verified the wetland line in this area as previously flagged by Affiant along the shoreline/bulkhead line. 5. As a result of the foregoing misinterpretation of field notes, and the resulting erroneous survey, the legal description for Conservation Parcel "A," as adopted by Indian River County in Ordinance Number 2005-003 is incorrect, and describes property which are not in fact estuarine wetlands and -are -not appropriately zoned CON -2. Further Affiant sayeth naught. Dated this '2.g day of April, 2005. The forego! g instrument was acknowledged bef re me this 2R day of April, 2005 by George Kulczycki, who is Ni personally known to me or (] who has roduced as identification. (Notary Seal) ibisbaddlharsidibasidbassiat BRUCE BARKETT 'f�:iLc% Notary Public - State of Florida • My Commission Expires Mar 24, 2009 • Commission # D0 411024 Bonded By National Notary Assn. Signature of Notary Print Name of Notary Notary Public, State of Florida •5�rrnry `I 1 U J' v4 ORDINANCE N0.2004- 033 AN ORDINANCE OF INDIAN RIVER COUNTY. FLORIDA, AMENDING- THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 23.88 ACRES LOCATED AT THE SOUTHEAST CORNER OF C.R. 510.AND THE INDIAN RIVER LAGOON BY REZONING 20.48 ACRES FROM A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5ACRES), TO RS -3, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE), AND BY REZONING THE REMAINING 3.40 ACRES FROM A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/SACRES), TO CON -2, ESTUARINE WETLANDS CONSERVATION DISTRICT (UP TO 1 UNIT/40 ACRES); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian_River--County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and. WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River -County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and -citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: A PARCEL OF LAND SITUATED IN PART OF SECTIONS 26 AND 27 OF TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON SECTION CORNER OF SECTION 22, 23, 26 AND 27 OF TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN S.00° 00' 47" W. ALONG THE COMMON Page 1 of 5 ORDINANCE NO. 2004- 033 SECTION LO ---- INE F SAID SECTION 26 RIGHT OF WAY LINE AND 27, A DISTANCE OF 40.00 FEET TO THE SO L1N€ OF C.R. 510/WABASS0 ROAD AND POINT OF BE FROM SAID POINT OF BEG WAY LINE OF IN 5107 W INNING RUN S. 89°59' 14"E. GINNING. OF 5.00° 00' 47" W. ABASSO ROAD, A DISTANCE OF ALONG 50 FEET; SOUTH RIGHT RUN S. ° 00' 47" .AND PARALLEL TO THE AFOREMENTIONED CO INCE 6 `�� 27 A -DISTANCE OF 646.40 FEET COMMON SECTION LINE PTOA SAID L E NORTH LINE OF S ,INCE RUN N. 89°CE 59 MMONSECTIONL `� SECTION 26, A DISTANCE 14"W. 42" FEET.50 E. ALONG SAID CO INE OF SECTION 26CE GF 00 24' FEET COMMON SECTIONLINE AND 27, THENCE RUN ° INCE RUN N. ° 55' INEOF SECTION 26 AND 27 A DIST S 00 24 DESCRIBED AS "SUBMERGED 77 49"W. ALONG DISTANCE OF MERGED LANDS" IN OFFICIAL THAT CERTAIN PARCEL F � PUBLIC RECORDS OF RECORDS BOOK 883, PAGE 351 FEET INDIAN RIVER co INCE S. 64° 20' 40 WZ', FLORTT�A; A DISTANCE W. A DISTANCE OF ° 20_' 40 FEET, THENCE OF 129.00 FEET; N. OF 414 0" 00 FEET THENCE -RUN CE RUN S 68°22'40"� INCE RUN N. 4F°18, 20„ EXISTING N `L FOLLOWING COURSES A DISTANCE OF 180. N CENTERLINE OF SEAWALL: BCH ONCE FOLLOWED AN N. 31°47' 42" W. 82.00 FEET; N. 32° 28' 03" 37° 07' 53" W. 72.67 FEET;W. N. 44° 11" 18.34 FEET; N. 43 19"W. SO.00 FEET; N. 30° 03' $j,50.0,, FEET; N. 31 27 35"W. 77.74 FEET; 02" W W. 50.00 FEET; N. ° ,�, N 29° 29 94 FEET; N. 29° 11' 01" W. 29 36 27 W. 50.00 FEET;° AFORE20.06 FEET; N. 28° 41' 42"W. 118.65 FEET T09T� AFOREMENTIONED SOUTH RIGHT OF WAY L THENCE RUN N. 52° 06' 21"E. ALONG SAID �E OF C.R. 51.0/ WABASSO ROAD; OF 142:26 FEET TO A PONTOUTH RIGHT OF WAY L C ' 4 CONCAVE—TO- T F TO _NT OF CURVATURE; , A DISTANCE INCE NORTHEASTERLY CENTRALAN E— T SOUTHEAST HAVING A ALONG THE ANGLE OF 3 7° 46' 3 7" EDICTS OF 1081.05 FEET, A OF -1\170°-5-0-36"-E. G 699.93 46'FE3T 7 AND TENDED BY A CHORD BEARING AND TANGENCY; THENCE RUN N. 89° 45' 42"AN EA DISTANCE 712.'77 FEET TO THE POINT FLORIDA.- B-EGNMING. � PARCEI LYING AND B INCE OF 365.96 FEET TO THE POT OF G IN INDIAN RIVER COUNy CONTAINING 23.88 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS, RECORD CNS AND RIGHTS-OF-WAY OF is changed from A-1, Residential District u Agricultural -1 Distract (up to 1 unit/5 (P to 3 units/acre) acres), to RS -3, Single Family LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS; Page of ORDINANCE NO. 20044- 033 -CONSERVATION PARCEL "A" COMMENCINGATTHE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00° 00' 47 WEST ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 510 (WABASSO ROAD); THENCE DEPARTING SAID EAST LINE RUN SOUTH 89° 45' 42" WEST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 365.96 FEET TO TIE POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1081.05 FEET, A CENTRAL ANGLE OF 37° 46' 37" WHOSE CHORD BEARS SOUTH 70°50' 56" WEST FORA DISTANCE OF 699.93 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE ADISTANCE OF 712.77 FEET TO THE PONT OF TANGENCY; THENCE SOUTH 52° 06' 21" WEST, ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 85.19 FEET TO THE PONT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTH 52° 06' 21" WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINEA DISTANCE OF 57.07 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY RUN SOUTH 28° 41' 42" EAST A DISTANCE OF 67.98 FEET; THENCE RUN NORTH 07p 27' 30" EAST A DISTANCE OF 95.49 FEET TO THE POINT OF BEGINNING. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND. - CONTAINING 0.04 ACRES, MORE OR LESS. AND CONSERVATION PARCEL `B" COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE _39EAST, .INDIAN RIVER COUNTY, FLOP MA, THENCE RUN SOUTH 00°00`-47 WEST ALONG- THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 692.07 FEET_ THE POINT -OF -BEGINNING; FROM SAID POINT OF BEGINNING RUN SOUTH 69°50' 42'WEST A DISTANCE OF 22.96 FEET; THENCE SOUTH 74° 42' 26" WEST A DISTANCE OF 103.29 --FEE-T;--THENCE SOUTH 78° 32" 43" WEST A DISTANCE OF 47.41 FEET; THENCE SOUTH 85° 24' 42" WEST A DISTANCE OF 112.04 FEET; THENCE NORTH 89° 34' 39" WEST A DISTANCE OF 58.97 FEET; THENCE SOUTH 68° 52' 31" WEST A DISTANCE OF 46.98 FEET; THENCE SOUTH 18° 47' 04" WEST A DISTANCE OF 15.16 FEET, THENCE SOUTH 45° 58' 14" WEST A DISTANCE OF 31.38 FEET; THENCE SOUTH 59° 32' 02" WEST A DISTANCE OF 47.63 FEET; THENCE SOUTH 55°39' 48" WEST A DISTANCE OF 20.31 FEET; THENCE SOUTH 79°48'00" WEST A DISTANCE OF 25.98 FEET; THENCE NORTH 53° 45' 28" WEST A DISTANCE OF 13.31 FEET; THENCE NORTH 32° 06' 56" WEST A DISTANCE OF 36.44 FEET; THENCE NORTH 48° 01' 13" WEST A DISTANCE OF 45.86 FEET; THENCE NORTH 60° 10' 59" WEST A DISTANCE OF 18.47 FEET; THENCE NORTH 79° 02' 22" WEST A DISTANCE OF 69.76 FEET; THENCE SOUTH 67° 52' 42" WEST A DISTANCE OF 225.9(3 -- FEET; THENCE SOUTH 37°07' 53" EAST A DISTANCE OF 14.31 FEET; THENCE SOUTH 31° 47' 42" WEST A DISTANCE OF 81.00 FEET; THENCE NORTH 68° 22' 40" EAST A DISTANCE OF 180.00 FEET; THENCE SOUTH 47° 17' 20" EAST A DISTANCE OF 154.00 FEET; THENCE NORTH 64° 20' 40" EAST A DISTANCE OF 129.00 FEET; THENCE SOUTH Page 3 of 5 ORDINANCE NO. 2004- 033 77° 55' 49 EAST A DISTANCE OF 414.08 FEET; THENCE NORTH 00° 24' 42' WEST A DISTANCE OF 288.73 FEET TO THE POINT OF BEGINNING. SAID LAND BEING AND LYING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 2.94 ACRES, MORE OR LESS. AND CONSERVATION PARCEL "C" COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00°00'47" WEST ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF686.33 FEET; THENCE SOUTH 89°59 14" EAST A DISTANCE OF 16.63 FEET TO THF., PONT OF BEGINNING; FROM SAID POINT BEGINNING RUN NORTH 69°50'42" EAST A DISTANCE OF 45.55 FEET; THENCE NORTH 76°57'09" EAST A DISTANCE OF 82.41 FEET; NORTH 62° 03' 53" EAST A DISTANCE OF 157.82 FEET; THENCE NORTH 59°00'35" EAST A DISTANCE OF 58.80 FEET; THENCE SOUTH 00°00'4T' WEST ALONG THE EAST LINE OF THE WEST 328.50 FEET OF SAID SECTION 28 A DISTANCE OF 138.58 FEET; THENCE NORTH 89°59'14" WEST A DISTANCE OF 312.84 FEET TO_THE -PONT OF BEGINNING. SAID LAAO LYING AND BEING IN INDIAN RIVER - COUNTY, . FLORIDA AND CONTAINING 0.42 ACRES, MORE OR LESS. Which are changed from A-1, Agricultural -1 District'(up Wetlands Conservation Distict (up to 1 unitf40-acres): All with the meaning and intent and as set forth and Regulations. • to 1 unit/5 acres), to CON -2, Estuarine described in said Land Development This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 19th day of October, 2004. This ordinance was advertised in the Press -Journal on the 6th day of October, 2004, for a public hearing to be held on the 19th day of October, 2004, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Lowther adopted by the following vote: and Chairman Caroline D. Ginn Vice -Chairman Arthur R. Neuberger Commissioner Kenneth R Macht Commissioner Thomas S. Lowther Page 4 of 5 Ave Ay P Aye Aye ORDINANCE NO. 2004- 033 Commissioner Fran B. Adams Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY:>>,:.e'- .- Caroline D. Ginn, Chairman Al lEST BY: fr%G _ 2(r Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPRO = 1 AS TO PLANNING MA 1 1 ERS Robert Keating, AICP; ty Develo ment Director F:\Community Development \Users\LONG RANGF\Rzon\Lier\Ordinance Lier.doc Page 5 of 5 CMCYCLW YArtm AIfYCIAlLL MM MMM 1:10?/:20%2005 .06:.27 2790611 • IRONWOOD ORDINANCE NO. 2005- 003 -PAGE m.0�- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING. ZONING MAP FOR APPROXIMATELY 20.48 ACRES LOCATED AT THE SOUTHEAST CORNER OF C.R. 510 AND THE INDIAN RIVER LAGOON FROM RS -3, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE)- TO RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on • such matters, held a public hearing and subsequently made a recormnendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Floridan did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of- Indian River County, Florida, that the zoning of the following described. property situated in Indian River County, Florida, to -wit: A PARCEL OF LAND SITUATED L\I PART OF SECTIONS 26 AND 27 OF TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON SECTION CORNER OF SECTION 22, 23, 26 AND 27 OF TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN S.00° 00' 47" W. ALONG THE COMMON SECTION LINE OF SAE) SECTION 26 AND 27, A DISTANCE OF 40.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF C.R. 510/WABASSO ROAD AND POINT OF BEGINNING. FROM SAID PONT OF BEGINNING RUN S. 89° 59' 14"E. ALONG SAID SOUTH RIGHT OF WAY LINE OF C.R. 510/ WABASSO ROAD, A DISTANCE OF 328.50 FEET; THENCE RUN Pagel of 5 • 04/20/2005 WED 13:09 [TX/RX NO 8212] aj003 04/20/2005 06:27 2790611 • -IR0NW00D PAGE 04 ORDINANCE NO, 2005- 003 S.00° 00' 47" W. AND PARALLEL TO THEAFOREMENTIONED COMMON SECTION LINE OF SECTIONS 26 AND 27,.A DISTANCE OF 646.4.0 FEET;..THENCE RUN N,.89° 59' 14" W AND PARALLEL TO THE NORTH LINE -OF SAID SECTION 26, A DISTANCE OF 328.50 FEET TO SAIDCOMMON SECTION LINE OF SECTION 26 AND 2? THENCE RUNS 00° 24' 42".E. ALONG SAID COMMON SECTION LINE OF SECTION 26 AND 27, A DISTANCE OF 294.47 FEET; THENCE RUN N. 77° 55' 49'` W. ALONG THAT CERTAIN PARCEL DESCRIBED AS "SUBMERGED LANDS'-' IN -OFFICIAL RECORDS BOOK 883, PAGE 351 OF THE PUBLIC RECORDS OF IIJDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 414 08 FEET; THENCE S. 64° 20' 40" W. A DISTANCE OF 129.00 FEET; THENCE RUNN. 4717' 20" W. A DISTANCE OF 154.00 FEET; THENCE RUN S. 68° 22' 40" W. A DISTANCE OF 180,00 FEET; THENCE RUN THE FOLLOWING COURSES WHICH ONCE FOLLOWED AN EXISTING CENTERLINE OF SEAWALL: N. 31° 47' 42" W. 81.00 FEET; N. 37°07' 53" W. 72.67 FEET; N 44° 54' 11" W. 18.34 FEET; N 32° 28' 03" W. 32.01 FEET; N. 31°57'08"W. 50.03 FEET; N. 31-° 27' 35" W. 77.74 FEET; N. 29° 43' 19" W. 50.00 FEET; N. 30° 03' 57" W.50.00 FEET; N. 29°36' 27" W. 50.00 FEET; N. 29° 19' 02" W. 29.94 FEET: N. 29° 11' 01" W. 20.06 FEET; N. 28° 41' 42"W. 118.65 FEET TO THE AFOREMENTIONED SOUTH RIGHT OF WAY LINE OF C.R. 510/ WABASSO ROAD; TIENCE RUN N. 52° 06' 21"E ALONG SAID scum RIGHT OF WAY LINE, A DISTANCE OF 142,26 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE CURVE CONCAVE TO THE SOUTHEAST --RAVING -A RADIUS OF 1081.05 FEET, A CENTRAL ANGLE OF 37° 46' 37", SUBTENDED BY A CHORD BEARING AND DISTANCE OF N.70° 50'56" E. 699.93 FEET-AND.AN-ARC.DISTANCE . 712.77 FEET TO THE POINT OF TANGENCY, THENCE RUN N. 89°45' 42" E. A DISTANCE OF 365.96 FEET TO THE POINT OF BEGINNING, SAID PARCEL- LYING AND. BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 23.88 -ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. is changed from RS -3, Single Family Residential District (up to 3 units/ acre), to RS -6, Single Family Residential District (up to 6 units/acre) LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS; CONSERVA'T'ION PARCEL "A" CO MENDING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00° 00' 47" WEST ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 510 (WABASSO ROAD); THENCE DEPARTING SAID EAST LINE RUN SOUTH 89° 45' 42" WEST ALONG SAID Page 2of5 04/20/2005 WED 13:09 [TX/RX NO 8212] 01004 04./20/2005 06:27 2790611 • • 1 IRONWOOD PAGE 05 ORDINANCE NO. 2005- 003 SOUTH RIGHT OF WAY LINE_ A DISTANCE OF 365.96 FEET To THE POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1081.05 FEET. A CENTRAL ANGLE OF 37°46' 37" -WHOSE CHORD BEARS SOUTH 70° 50' 56" WEST FORA DISTANCE OF 699.93 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 712.77 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 52° 06' 31" WEST, ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 85.19 FEET TO THE POINT OF -BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTI-I 52° 06' 21" WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINEA DISTANCE OF 57 07 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY RUN SOUTH 28° 41' 42" EAST A DISTANCE OF 67.98 FEET; THENCE RUN NORTH 07° 27' 30" EAST A DISTANCE OF 95.49 FEET TO THE POINT OF BEGINNING. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 0.04 ACRES, MORE OR LESS. AND CONSERVATION PARCEL "B" COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, L'VDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00° 00' 47" WEST ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 692 07 FEET THE POINT OF BEGINNING; FROM SADPOINT OF BEGINNING RUN SOUTH 69° 50' 42'WEST A DISTANCE OF 22.96 FEET; THENCE SOUTH 74° 42' 2E" WEST A DISTANCE OF 103.29 FEET; THENCE SOUTH 78° 32" 43" WEST A DISTANCE OF 47.41 FEET; THENCE SOUTH 85° 24' 42" WEST A DISTANCE OF. 1.12..04_ FEET; THENCE NORTH 89° 34' 39" WEST A DISTANCE OF 58.97 FEET; TINCE SOUTH 68° 52' 31" WEST A DISTANCE OF 46,98 FEET; THENCE SOUTH -18°47' 04" WEST A DISTANCE OF 15.16 FEET; THENCE SOUTH 45° 58' 14" WEST ADISTANCE OF 31.38 FEET; THENCE SOUTH 59° 32' 02" WEST A DISTANCE OF -47:63 -FEET; THEN -CE -SOUTH -55° 39' 48" WEST A DISTANCE OF 20.31 FEET; THENCE SOUTH 79°48'00" WEST A DISTANCE OF 25.98 FEET; THENCE NORTH 53° 45' 28" WEST A_DISTANCE DF_13.3_1_FEET,_THENCEN.ORTH 32° 06' 56" WEST A DISTANCE OF 36.44 FEET; THENCE NORTH 48° 01' 13" WEST A DISTANCE OF 45.86 FEET; THENCE NORTH 60°10' 59" WEST A DISTANCE OF 18.47 FEET; THENCE NORTH 79° 02' 22" WEST A DISTANCE OF 69.76 FEET; THENCE SOUTH 67° 52' 42" WEST A DISTANCE OF 225.90 FEET; THENCE SOUTH 37° 07' 53" EAST A DISTANCE OF 14.31 FEET; THENCE SOUTH 31° 47' 42" WEST A DISTANCE OF 81,00 FEET; THENCE NORTH 68° 22' 40" EAST A DISTANCE OF 180.00 FEET; THENCE SOUTH 47° 17' 20" EAST A DISTANCE OF 154.00 FEET; THENCE NORTH 64° 20'40" EAST A DISTANCE OF 129.00 FEET; THENCE SOUTH 77° 55' 49" EAST A DISTANCE OF 414.08 FEET; THENCE NORTH 00° 24' 42' WEST A DISTANCE OF 288.73 FEET TO THE POINT OF BEQINNING. SAID LAND BEING AND LYING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 2.94 ACRES, MORE OR LESS. AND • Page 3 of 5 04/20/2005 WED 13:09 [TX/RX NO 8212] [7j005 • 04/20/2005 06:27 2790611 IRONWOOD ORDINANCE NO. 2005- 003 PAGE 1 06" CONSERVATION PARCEL "C" • COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA, =NCB RUN SOUTH 00°00'47" WEST ALONG IHE EAST LINE OF SAID SECTION 27, A DISTANCE OF686.33 FEET; THENCE SOUTH 89°59'14" EAST A DISTANCE OF' 16.63 FEET TO THE POINT OF BEGINNING; FROM SAID POINT BEGINNING RUN NORTH 69°50'42" EAST A DISTANCE OF 45.55 FEET; THENCE NORTH 76°57' 09" EAST A DISTANCE OF 82.41 FEET; NORTH 62° 03'53" EAST A DISTANCE OF 157.82 FEET; TIEENCE NORTH 59°00'35" EAST A DISTANCE OF 58.80 FEET; THENCE SOUTH 00°00'47" WEST ALONG THE EAST LINE OF THE WEST 328,50 FEET OF SAID SECTION 28 A DISTANCE OF 138.58 FEET; THENCE NORTH 89°59'14" WEST A DISTANCE OF 312.84 FEET TO THE POINT OF BEGINNING. SAID LAND LYING AND EE'NG LN INDIAN RPTER COUNTY, FLOP.JDA ANTD CONTAINING 0.42 ACRES, MORE OR LESS. All with the meaning and intent and as set forth and *described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 8t day of February, 2005. This ordinance was advertised in the Press -Journal On the 24th day of January, 2005 for public hearing to be held on the 8th day of February, 2005, at which time it was moved -for adoption by Commissioner Whee1 sr , seconded by Commissioner Davis , and adopted by the following vote; Thomas S. Lowther, Chairman Arthur R. Neuberger, Vice Chairman Wesley S. Davis, Commissioner Gary C. Wheeler, Commissioner Sandra L. Bowden, Commissioner Ave Aye Aye Ave Aye BOARD OF COUNTY COMMISSIONERS OF INDLAN RIVER COUNTY Thornas S. Lowther, Chairman Page4of5 04/20/2005 WED 13:09 [TX/RX NO 8212] 0 006 04120/2005 06:27 2790611 IRONWOOD ORDINANCE NO. 2005- 003 ATTEST B • Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY �, Williaxm G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Rob M. Keating, AICP; Comm 1 city Develo- ent Director F:\Community Davclopment\UsersU LONG RANGE\RzonQier\Ordinance Lfer RS-6.doc 'Page 5 of 5 04/20/2005 WED 13:09 [TX/RX NO 8212] a007 g4/08/2005 15:4y MSS COVED PAGE FAX: 2345213 FROM: GK ENVIRONMENTAL INC FAX: 7725E7E245 TEL: 7725E78128 COMMENT: ' b4/bti/Ybk75;::. , fieb b:24b GK ENVIRONMENTAL INC Georg_e Kull From: To: Cc: ----- Sent: PAGE 01 Page 1 of 1 "Cary Glickstein" <cglickatein@iironwoodproperties.corny "George Kulczycki'" <grkesteds.org> --"Bruce D. Barkett"' <bbarkett©verolaw.com> Tuesday, April 12, 2005 5:52 PM George: One other thing that I need you to address i how the conservation area in th northwest =en If you did not .flag -thesrea,-and Carter based his legal description on your ass, there's a problem. We need that land in that comer as per our site plan, The survey shows no wetland, mangroves, or upland vegetation of any kinds in that area. I know there are mangroves in the water. Is It possible that Carter took it upon himself to delineate wetlands..-.Piease-get with_BruceBarkett asap on this discrepancy. Cary Glickstein Ironwood Properties, Inc. 277- SE 5th Avenue - - Delray Beach, PL 33483 Tel: 561.279.8952 Fax: 561.279.0611 - email: cglicksteintpironwoodproperties.com • -tub ftos -STP-4(4iS kfertteccc2. do ;3619 .Scaue 5F xy -F{Ags, ka.e)eu6- ,kase vs is/QR._ icRth • Amricks �,_c _ ,ik„Q 't � 1L 4/12/2005 :7'-:04%08%2005 i 15:.49 7725676245 sly t w 41-111 GK ENVIRONMENTAL INC `b 4 silk {IP 4 `9sier N 2727'22" W J.111551(0) N 28'41'42" Yy T18.85'(C) N 2B'11"011 0" W 206o(C)D) / N 28'04142" W 29.94'(0) / N 2919'02" W 29.94'(C) N 2822'07" W 80.00' p) N 29'38'27" W 50.00'(+) 14 28'491371 W 50.00'(0) N 30'03'67" W 50.00'(C) N 282319" W 50.00'(0) N 29'43'19" W 50.00'« N 3013'15" W 77 74'(CCq PAGE 02 FOUND 4"x 4" CONCRETE MONUMENT, "S.W." 3.47' NE FOUND 4"x 4" CONCRETE MONUMENT, "S.O.R." 1,91' NE Cc BEG POINT OF INNING PARCEL 1 & 2 k 50429) 0 • X-2 €1►.ys allamISISIOSS 31'27'35" W 77.741( N) N 32'28'03" W 3zo11(C)) N 4444'54' 1" W 1e34(C)) N 35153'33" W 72.67'(D) N 370713" W 72.81'(C) • SURVEYOR'S NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS ONLY AND IS NOT VAUD. N 30'33'22" W S1,OO' 0) 14 .31'47'42" W 81.00'0) d4THE MEAN HIGH WATER UNE OF THE INDAIN RIVER WAS NOT (11/4\ OBSERVED PER THIS SURVEY. acRax) iag(04 (skg) Ana-tr 13/40 colzkrksk, `tc; THE ORIGINAL R FLORIDA LiCENSEO ORI . • ' • ` I PURPO • •04/08/2005 15:49 7725676245 GK: ENVIRONMENTAL: INC. dZoning of5 PAGE 03 cleperie e and ��7� IDIertis t Pro1 Property Surrounding Properties rt , ,. . ita:c: L to, :;• -t • • ••d al:� lyt `d:: . MO dd Ad • '. • •. •"m�+rdl',T"m Sattt7 P.S'Mb .rte \\\\\\\ISIS\\\11\\\\ ISIS\\\\\11t\\\••\\\\ °sect for Indian River Lagoon Future Land Use Pattern Land along the south side of C.R. 510, including the entire subj_ectpropertyt _and land abutting the subject'property ----" P perty on the south and east, is designated L-2, Low -Density Residential -2, on the county Future Land Use.Map, The L-2 designation permits residential uses with densities up to 6 units/acre. Land to the north of the subject --property is -within -the-Town own of Orchid and is developed with single family homes ata density of 1.7 units per acre. Environment While the subject property is primarily a citrus grove, and therefore an altered site, the property does containgpvirottmentally sensitive estuarine wetlands at its south end Michael Creek andalong thsr`baaics of the Indian River La oon. Te property so may have histonca and archeoogic significance, A suryey su mitte by the applicant generally denotes the boundary between the estuarine wetlands and the adjacent uplands. • While the uplands are proposed to be rezoned to RS -6, the wetland areas will be rezoned to CON -2, estuarine wetland Conservation District (up to 1 unit/ 40 acres). According to Flood Insurance Rating Maps, the subject property is in flood zone AE. 2 •04/08/2005 15:49 7725676245 GK ENVIRONMENTAL INC \ NOTE: ON OR STATION FOUND \\ R/W MAP FOR R/W ON IN N.W. CORNER It JOG WAS SCALED EST STATION ON R/W ALCUtATED FROM PAGE 04 / 4141441.41 �� 1 ///�YYY__rr 9�` WNW 15914u V Q% 396 ' / $0' \fee it \ / \ vi. / 911LKHFID \ / gor 1'83'3914 8.56' ankh/ Thar 1J row / / 14?Mcv of l /4 T 614 7AW CONSLRVA770N PARCEL A' PER 18, C. ORO. 0005-00J, DATED 2/8/05 (HATCHED)__ _ C� W"AU/ :r"ww 3. arimat WNW IOPAW Nfl w Aits°‘ o�iu ��a cjtresf'rof-+ cic JO%at era neomul 4114%w • • 04708/2005_,: 15:.:48 7725676245 GK ENVIRONMENTAL INC 1. THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP, 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF WAY OR EASEMENTS OF RECORD. 3. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A- FLORIDA LICENSED SURVEYOR AND MAPPER. 4. UNDERGROUND UTILITIES AND IMPROVEMENTS NOT LOCATED. 5, MEAN HIGH WATER ELEVATION BASED ON LINEAR INTERPOLATION BETWEEN M.H.W.L. POINT I.D. #2732 (M.H.W.L. EL.=0.58 FT NGVD'29) AND M.H W.L. POINT I.D. #2.201 (M.H.W.L. EL.=0.61 FT NGVD'29). INTERPOLATED VALUE FOR M.H.W.L. AT SITE=0,60 FEET NGVD '29. FLOOD ZONE LINES SHOWN HEREON WERE SCALED FROM FLOOD INSURANCE RATE MAP- No. 12061C0083 G, DATED 5/3/93. SOUTHERN PORTION OF PROPERTY IS SHOWN ON MAP No. 1206100091 E, DATED 5/4/89. 7. BEARINGS, COORDINATES & ELEVATIONS ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE NAD 83/90 DATUM, (HORIZONTAL) AND_THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (VERTICAL), UTILIZING PUBLISHED VALUES FOR THE FOLLOWING STATIONS: 88--78--A11 N 1251560.594 E 848669,402 88-78-Al2 N 1248468.773 E 850063.284 .. 88=78=A13-2 N 1246164.098 _ E 851114.839 — --11E=1-N--WAS ACHIEVED USING A DUAL FREQUENCY GPS RECEIVER FOR OBSERVATIONS BETWEEN THE ABOVE STATIONS. DEPARTURE FROM PUBLISHED VALUES WERE WITHIN 0.1 FOOT WITH REDUNDANT OBSERVATIONS. ---THIS--SURVEY MEETS F G.C.C. STANDARDS FOR 3rd ORDER CLASS 1 HORIZONTAL SURVEY WORK, UNLESS OTHERWISE NOTED, FOUND SURVEY CONTROL CONTAINS NO I.D. ELEV. X9.30 FT. (PUBLISHED) ELEV.=6.89 FT. (PUBLISHED) ELEV.=8.56 FT. (PUBLISHED) • Sheet 2 of 2 -Map Of Survey DATE 4/6/05 REVISION ADD CONSERVATION PARCELS r PAGE 05 Boundary & Topographic Survey for Ironwood Properties Wabasso Road site ndian River County, Florida DRAWN BY laD BOOK / PAGE 1 FILO SuRvEY DATE l fob No. J ui O I , ,,,nn AC /cc d /1 /is 1 F')—/199 I jHaET OF 2 2 BRUCE D. BARKETT CALVIN B. BROWN WILLIAM W. CALDWELL GEORGE G. COLLINS, JR.* JANET CARNEY CROOM A MICHAEL J. GARAVAGLIA RONALD KEITH LAWN*$ USA N. THOMPSON••• BRUCE R. ABERNETHY JR, OF COUNSEL**+ STEVEN L. HENDERSON, OF COUNSEL* `BOARD CERTIFIED IN REAL ESTATE "'MASTER OF LAWS IN TAXATION "*MASTER OF LAWS IN REAL PROPERTY DEVELOPMENT *BOARD CERTIFIED IN WILLS, TRUSTS, AND ESTATES £ALSO ADMITTED IN DC AND SC AALSO ADMITTED IN AR May 18, 2005 William G. Collins, II County Attorney Indian River County 1840 - 25th Street Vero Beach, Florida 32960 Collins, Brown, Calciwe Bar_so¢¢ & G 1. �ravap CHARTERED ATTORNEYS AT LAW 756 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32963 • Re: Lier Re -zoning Amendment Dear Will: MAY 1 9 2005 COUNTY ATTORNEY'S OFFICE PLEASE REPLY TO: POST OFFICE BOX 64-3686 VERO BEACH FLORIDA 32964-3686 772-231-4343 TELEFAX: 772-234-5213 INTERNET: CBC@VEROLA Y.COM As you recall, I previously submitted a letter, with documentation, requesting that the Lier re- zoning ordinance be amended because of a mistake in the description of Conservation Parcel "A", which was described as a triangle, when in fact, it should have been a line marking the upland boundary of some possible wetlands. You asked for documentation concerning the difference and acreage the amended legal description would create. Enclosed, please find correspondence. from Frank Cuccurese, Florida Licensed Surveyor with Carter Associates, Inc., who did the original work on the project. Mr. Cuccurese specifies that the uplands area (the RS -6 area) will increase by .038 acres only. This is only 1,655.28 square feet, which is significantly less than the size of one building lot in the RS -6 zoning district. I am authorized to represent, both on behalf of the Liers, who currently own the property, and on behalf of the buyer, that this will not result in any additional residential units on the property. As you can see, the increase is di minimus. Consequently, kindly review the enclosed, circulate it to the County Surveyor, if you think it necessary, and process the amendment to the Ordinances to which my previous correspondence referred. William G. Collins, II County Attorney Page 2 May 18, 2005 Please call if you have any questions or comments. Very truly yours, Bruce Barkett For the Firm Enclosure cc: John Lier Peter Lier Cary Glickstein CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21St STREET VERO BEACH, FLORIDA 32960-3472 772-562-4191 772-562-7180 (FAX) May 12, 2005 Re: Lier Property— CAI 172.14-C1, Project # 04-292S Upland and Conservation Parcel Acreage Dear Bruce: MARVIN E. CARTER, P.S.M. DEAN F. LUETHJE, P E (FL & NC) JOHN H. BLUM, P E. FRANK S. CUCCURESE, P.S.M. DAVID E. LUETHJE, P.S.M. GEORGE SIMONS, P.E. STEVE SNOBERGER, P.E. PATRICK S. WALTHER, P E As you are aware, Conservation Parcel "A" of the Lier property as shown on the above-mentioned survey has been corrected and revised: Asa result, there is a difference of square footage. The incorrect description of the Conservation Parcel "A" was 0.04 acres or 1742.40 s.f. and the revised description is 0.002 'acres or 74.94 s.f. being a decrease in area. Consequently, the Uplands area (RS -6) has increased by 0.0.38 acres. Please note the revised copy of the Wetland Survey depicting the same. If you have any Questions regarding this matter, please do not hesitate to call. Sincerely, S I' 1J4 k S. Cuccurese LEGA LS I_F: rTElt-ri \IZKPTT.J) - Al Serving Florida Since 1911 BRUCE D. BARKETT CALVIN B. BROWN WILLIAM W. CALDWELL GEORGE G. COLLINS, JR.* JANET CARNEY GROOM MICHAEL J. GARAVAGLIA RONALD KEITH LAWN**S USA N. THOMPSON*** BRUCE R. ABERNETHY JR, OF COUNSEL**+ STEVEN L HENDERSON, OF COUNSEL* *BOARD CERTIFIED IN REAL ESTATE **MASTER OF LAWS IN TAXATION ***MASTER OF LAWS IN REAL PROPERTY DEVELOPMENT +BOARD CER 1 IhItU IN WILLS? TRUSTS? AND ESTATES AALSO ADMITTED IN DC AND SC ALSO ADMI.1 1 tU IN AR June 3, 2005 William G. Collins, II County Attorney Indian River County 1840 - 25th Street Vero Beach, Florida 32960 Collins, Brown, Caldwell, Bar. tett & Garavaglna CHARTERED ATTORNEYS AT LAW 756 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32963 JUN 6 2005 COUNTY ATTORNEY'S OFFICE PLEASE REPLY TO: POST OFFICE BOX 64-3686 VERO BEACH FLORIDA 32964-3686 772-231-4343 TELEFAX: 772-234-5213 INTERNET. CBC@VEROLAW.COM Re: Lier Re -zoning Amendment - Ordinance No. 2004-033 and 2005-003 Dear Will: This correspondence is a follow-up to my May 18, 2005 letter to you (copy enclosed) regarding the above -referenced matter. I would appreciate an update as to where we stand on the amendment to the Ordinances Please call if you have any questions or comments. Very trulyyours, _;: Bruce Barkett For the Firm Enclosure BRUCE D. BARKETT CALVIN B. BROWN WILLIAM W. CALDWELL GEORGE G. COLLINS, JR• JANET CARNEY GROOM MICHAEL J. GARAVAGLIA RONALD KEITH LAWN••& LISA N. THOMPSON••• BRUCE R ABERNETHY JR, OF COUNSEL••+ STEVEN L HENDERSON, OF COUNSEL• "BOARD CERTIFIED IN REAL ESTATE **MASTER OF LAWS IN TAXATION "'MASTER OF LAWS IN REAL PROPERTY DEVELOPMENT 'BOARD CERTIFIED IN WILLS, TRUSTS, AND ESTATES AALSO ADMITTED IN DC AND SC &ALSO ADMITTED IN AR May 18, 2005 William G. Collins, II County Attorney Indian River County 1840 - 25th Street Vero Beach, Florida 32960 s, Brown, CaiJgell, Barlett & Garavag is CHARTERED ATTORNEYS AT LAW -,_ . . 756 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32963 Re: Lier Re -zoning Amendment Dear Will: MM MIME PLEASE REPLY TO: _..POST OFFICE BOX 64-3686 VERO BEACH, FLORIDA 32964-3686 772-231-4343 TELEFAX: 772-234-5213 INTERNET: CBC@VEROLAW.COM As you recall, I previously submitted a-letter,with-docurnentation; requesting that theLierre- zoning ordinance be amended because of a mistakein the description of Conservation Parcel "A", which was described as a triangle, when in fact, it should have been a line marking the upland boundary ofsome possible wetlands. - Youaskedfor documentation concerning the difference and acreage the amended legal description would create. Enclosed, please find correspondence from Frank Cuccurese, Florida Licensed Surveyor with Carter Associates, Inc., who did the original work on the project. Mr. Cuccurese specifies that the uplands area (the RS -6 area) will increase by .038 acres only. This is only 1,655.28 square feet, which is significantly less than the size of one building lot in the RS -6 zoning district. I am authorized to represent, both on behalf of the Liers, who currently own the property, and on behalf of the buyer, that this will not result in any additional residential units on the property. As you can see, the increase is di minimus. Consequently, kindly review the enclosed, circulate it to the County Surveyor, if you think it necessary, and process the amendment to the Ordinances to which my previous correspondence referred. William G. Collins, II County Attorney Page 2 May 18, 2005 Please call if you have any questions or comments. Very trul . yours, Bruce Harken For the Firm Enclosure cc: John Lier Peter Leer Cary Glicl:stein EMEM CARTER ASSOCIATES-, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 2 151 STREET VERO BEACH, FLORIDA 32960-3472 772.562.4191 772-562-7180 (FAX) May 12, 2005 Re: Lier Property — CAI- 17214-C 1, Project # 04-292S Upland and Conservation Parcel Acreage Dear Bruce: MARVIN E. CARTER, P.S.M. DEAN F. LUETHJE, P E 11.1, a net JOHN H. BLUM, P.E. FRANK S. CUCCURESE, P.S.M. DAVID E. LUETHJE, P.S.M. GEORGE SIMONS, P.E. STEVE SNOBERGER, PE PATRICK S. WALTHER, P E As you are aware, Conservation Parcel "A" of the Lier property as shown on the above-mentioned survey has been corrected and revised. Asa result. there is a difference of square footage. The incorrect description of the Conservation Parcel "A" was 0 04' acres or 1742.40 s.f. and the revised description is 0.002 acres or 74.94 s.f. being a decrease in area. Consequently, the U_plandsarea_(RS-0)..has..incre sed.by 0.038 acres. Please note the revised copyof the Wetland Survey depicting the same. If you have any Questions regarding this matter, please do not hesitate to call. Sincerely, k S. Cuccurese S P n l_11', I I1 :\I.S I 1 Fri 1:-13\KKI ri. X11 CAI Ser ing Florida Since 1911