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Home My WebLink About11/5/1980WEDNESDAY, NOVEMBER 5, 1080 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE SOUTH INDIAN RIVER FIRE DISTRICT, MET AT THE CITY BALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 5, 1980, AT 10:30 O'CLOCK A.M. PRESENT WERE WILLARD W. SIEBERT, .JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; R. DON DEESON, AND PATRICK B. LYONS. WILLIAM C. WODTKE, SJR. WAS ABSENT DUE TO COUNTING ABSENTEE BALLOTS. ALSO PRESENT WERE NEIL A. NELSON, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER; AND JANICE CALDWELL, DEPUTY CLERK. CHAIRMAN SIEBERT CALLED THE MEETING TO ORDER AND NOTED THE PURPOSE OF THE MEETING IS TO HAVE AN UPDATE REPORT REGARDING THE BOND ANTICIPATION NOTE FINANCING FOR THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT. THOMAS MASON, FINANCIAL ADMINISTRATOR, APPROACHED THE BOARD AND ADVISED THEM THAT HE AND FINANCE OFFICER BARTON DISCUSSED THE TAX ANTICIPATION NOTES WITH MR. BLAND, OF WILLIAM R. HOUGH & CO., REGARDING THE PROPOSED VENTURE. HE THOUGHT OUR POSITION WOULD BE BETTER IF THE BOARD OF FIRE COMMISSIONERS WOULD ALLOW THEM TO RE- NEGOTIATE OUR EXISTING LOAN WITH THE BANK, AND IF WE RENEGOTIATE THE LOAN, THERE WOULD BE ENOUGH MONEY TO CARRY THEM INTO JANUARY, AND THEY COULD ABORT THE TAX ANTICIPATION NOTE. MR, MASON STATED THAT THE MAXIMUM AMOUNT THAT CAN BE BORROWED IS $805,000; THIS WOULD ONLY BE AN ADDITIONAL $300,000 WHICH COULD BE INVESTED, AND HE FELT IT WOULD BE A BETTER POSITION TO STOP THE TAX ANTICIPATION NOTE AND REQUEST AN EXTENSION ON OUR LOAN AT THE BANK. ATTORNEY COLLINS ASKED IF THEY WANTED TO RENEGOTIATE WITH THE FIRST CITRUS BANK FIRST AND COME BACK TO THE BOARD WITH A FIRM PROPOSAL, OR WERE THEY LOOKING FOR A MOTION NOW TO MODIFY THE NOTE. FINANCIAL ADMINISTRATOR MASON COMMENTED THAT HE WOULD LIKE A MOTION TO MODIFY THE NOTE AND THEN RENEGOTIATE WITH THE BANK. 31 NOV 51980 45 '.49 teox 45 PAGE 150 ON MOTION MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE SOUTH INDIAN RIVER FIRE DISTRICT, AUTHORIZED FINANCIAL ADMINISTRATOR NASON TO NEGOTIATE THE EXTENSION OF THE NOTE, NOT TO EXCEED 8%. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT ADJOURNED AT 10:44 O'CLOCK A.M. ATTEST: CLERK THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECONVENED AT 10:45 O'CLOCK A.M. WITH THE SAME MEMBERS PRESENT. 32 CHAIRMAN SIEBERT ANNOUNCED THAT ITEM %, REGARDING A PUBLIC HEARING REQUESTED BY DONALD S. VICKERS, WAS WITHDRAWN, AS FOLLOWS: October 13, 1980 As of this date, I am hereby withdrawing my request for the rezoning of the following described property from C-1 Commercial to R -2A Multiple Family Residential: That part of the South one half of the Northwest One Quarter of the Northeast One Quarter of Section 20, Township 31 South, Range 39 East, lying East of the Florida East Coast Railway right of way and recorded in OR Book 70, pp. 239, and Official Records Book 19 pp. 485, Public Records of Indian River County, Florida. ona NOV 51980 Y, �4' ckers, Owner 5 em 151 NOV 51980 moA 45 PAGE x.52 RELEASE OF EASEMENT IN J. C. ACRES SUBDIVISION REQUESTED BY ELLA M. LUDWIG SENIOR,PLANNER MARSH APPROACHED THE BOARD AND REVIEWED THE FOLLOWING MEMORANDUM, AND STATED THE STAFF RECOMMENDED APPROVAL: INDIAN RIVER COUNTY 1 A�4 01) co i5, I;i,o r1 October 14, 1980 MEMO TO: Neil Nelson FROM: David Marsh - SUBJECT. .:Easement- Relea'se This request to release the 6' side lot utility and drainage easement located in J. C. Acres Subdivision be- tween Lots 5 and 6 has been favorably reviewed by the following agencies: Florida 'Power and Light R.O.W. Department Southern Bell --- Utilities Department A site visit showed that swales or ditches currently exist along front, rear and south side lot lines. Utilities are or can be accomodated in these areas mentioned. Perm- anent easements should be maintained between Lots 3 and 4 as well as Lots 15 and 16 in this block for future purposes. Based on this, staff recommends approval. October 24, 1980 , I have reviewed this release of easement request and recommend approval. m r Nei A. Nelson, 13ounty Administrator 2121 14T" AVE. OAMIO M. REVER • DIRECTOR VERU 6WL 32960 • 305/567-5142 3 M ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RESOLUTION 80-120 FOR A RELEASE OF EASEMENT IN J. C. ACRES SUBDIVISION, AS REQUESTED BY ELLA M. LUDWIG, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. RESOLUTION NO. 80-120 WHEREAS, the Board of County Commissioners of Indian River County, Florida, have been requested to release the side lot line easements lying between Lots 5 and 6, according to the Plat of same recorded in Plat Book 5, page 13, of the Public Records of Indian River County, Florida; and WHEREAS, said lot line easements were dedicated on the J. C. Acres Subdivision for public utility purposes; and WHEREAS, the request for such release of easement has been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easements in J. C. Acres Subdivision, shall be released, abandoned and vacated as follows: Those side lot easements lying between Lots 5 and 6, according to the Plat of the same filed in the Office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 5, page 13. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easements herein- above referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 5th day of November , 1980. Attest: Freda Wright, Cle IS 1 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By:Ltu'�!'' W. W. Siebert, Jr., Chairman NOV mom 45 PACE 154 RELEASE OF EASEMENT f -._:tk It This Release of Easement, executed this, ` day of .=�Z ,,, ,'[z 1980, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, first party; to Clyde 0. and Ella M. Ludwig, whose mailing address is 1550 32nd Avenue, Vero Beach, Indian River County, Florida, second party: WITNESSETH: That the said party of the first part for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon, and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described easement, lying on land situate in the County of Indian River County, State of Florida, to -wit: Those side lot easements lying between Lots 5 and 6, J. C. Acres, a subdivision as recorded in Plat Book 5, page 13, public records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining and all estate, right, title, interest, equity and claim whatsoever of the said first party either in law or equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by the law the day and year first above written. Signed, sealed and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By. W. Si ert, Jr., C airui Attest: /t Freda Wright, Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared, W. W. SIEBERT, JR., as Chairman of the Board of County Commissioners -of Indian River County, a political subdivision of the State of Florida, and FREDA WRIGHT, as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument and they acknowledged before me that they executed the same for and on behalf of, the said political subdivision. WITNESS my hand and seal in the County and State last aforesaid this ,�-Aday of I98O. Notary Publi State f orida # Large My commissio expires: iPMilXY AJILIC STAT: OF FLOXIGA AT !A£a (Notary Seal) :; ,.; fl r;: .r;_F .: SNS. UrrCliKv L1 1L.1 1 155 NOV 519 0 NOV 5 1980 ,BoOJ( 45 ,PAGE 156 RELEASE OF EASEMENT IN OSLO PARK, UNIT 3, REQUESTED BY GUY AND CAROL BROWN SENIOR PLANNER MARSH NEXT DISCUSSED, AND STAFF RECOMMENDED APPROVAL, OF THE ITEMS MENTIONED IN THE.FOLLOWING MEMORANDUM; NOIAN RIVERCOUNTY DERARTMENT October 3, 1980 c- 7 Ivo MEMO N TO: Neil Nelson, County Administrator FROM: D; Pid Va sh, Senior Planner SUBJECT: Release of Easement This request for the -release 'of.the 5'.side,lot:easement.lying between lots 10, 11.and 12, Block H, Oslo.Park, Unit 3 has been reviewed by the following agencies '.Florida Power & Light Southern Bell Telephone , R.O.W. Department Utilities Department There were no objectionable responses received. ` A site visit showed that utilities and drainage can be adequately handled in front, rear and remaining side easements.'"Existing swales can be upgraded and maintained on the east, west and south sides of the property. Combined with the permanent retention of the easement lying between lots 7 and 8, Block H.,.staff can recommend approval. DM: jt Enclosure October 6, 1980 I have reviewed this release of easement request and recommend approval: Neil A. Nelson, Count -Administrator 212114T -AVE. VERO BEACH,32960305/567-51421'.'=K ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-121 FOR RELEASE OF EASEMENT IN OSLO PARK, UNIT'3: REQUESTED BY GUY AND CAROL BROWN, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. RESOLUTION NO. 80-121 WHEREAS, the Board of County Commissioners of Indian River County, Florida, have been requested to release the side lot line easements lying between Lots 10, 11 and 12, Block H, Oslo Park, Unit 3, according to the Plat of same recorded in Plat Book 4, page 19, of the Public Records of Indian River County, Florida; and WHEREAS, said lot line easements were dedicated on the.Plat of Oslo Park, Unit 3 for public utility purposes; and WHEREAS, the request for such release of easement has been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easements in Oslo Park, Unit 3, shall be released, abandoned and vacated as follows: Those side lot easements lying between Lots 10, 11 and 12, Block H, according to the Plat of the same filed in the Office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 4, at page 19. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easements herein- above referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 5th day of November , 1980. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: W. W. Sie rt, Jr., Chairma Attest: Freda Wright, CleyV 51990 NOV 39 Boa 45 PAGE -157 � NOV 51990 soon 5 pw158 RELEASE OF EASEMENT This Release of Easement, executed this •.� — ay of 1980, by the BOARD OF COUNTY COMMI SSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, first party; to Guy and Carole Brown, whose mailing address is P. 0. Box 2324, Vero Beach, Indian River County, Florida, second party: WITNESSETH: That the said party of the first part for -and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon, and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described easement, lying on land situate in the County of Indian River County, State of Florida, to -wit: Those side lot easements lying between Lots 10, 11 and 12, Block H, Oslo Park, Unit 3, a subdivision as recorded in Plat Book 4, page 19, public records of Indian River County, Florida. TO +HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining,and all estate, right, title, interest, equity and claim whatsoever of the said first party either in law or equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by the law the day and year first above written. Signed, sealed and delivered in the presence of: BOARD OF COUNTY COINIMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: W. W. Sie ert, Jr., rairm Attest: Freda Wright, Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared, W. W. SIEBERT, JR., as Chairman of the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, and FREDA WRIGHT, as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument and they acknowledged before me that they executed the same for and on behalf of the said political subdivision. WITNESS my hand and seal in the County and State last aforesaid this d' y of I _, 1980. Notary Publi , State of Florida 't Large. My commiss n expires: MY UCM!'�I'SSICN EXPIP LS JULY 9 1.7 a (Notary Seal) I ";M's ::,:u .n6, L4X`L VMT 3 Nov 51980 NOV 51980 Baox 45 PAGE 160 AUTHORIZATION TO ADVERTISE FOR PUBLIC HEARING TO ABANDON A PORTION OF ORR AVENUE IN ROSELAND AS REQUESTED BY DON L. ALLEN SENIOR PLANNER MARSH DISCUSSED THE RIGHT-OF-WAY ABANDONMENT AS COVERED IN THE FOLLOWING MEMORANDUM: INOIAN RIVER COUNTY OERARTMENT ril8 1 t �•.+, CO I October 16, 1980 � `• Ci MEMO -J� ♦i -w 1 ui .'iI i. + .. TO: Nei 1 Nel soil FROM: DCvid,AMarsh. i :r• _ i J'j '.lf:.,.5. : / <� s"•� "� ::y 1J ., +•meq\ - . SUBJECT: ; ight-of-wa,-'•`afian:do'nme6t This request( fog„ abandonment.:deas#with an unimproved portion ofi�IOrr, avenue,, a ,r�+giht-of-iay 1_ocated between Gib- son Street :a-nd,Rosel;and;re�t;}�a" platted unimproved right- of-way in the:.�Townsl o >Roeland. Agencies which were requested oto revl eWtthi S:`pet _.i,tib n ,i ncl u d e d . Flori a East`',,Cast .Railway,, •";- ``{ ` Florida.•PoWer,.and Laght., ;� R.O.W. Ve`piiitment --y - Southern`••,Bel l Telephone Company Utilities"'Department t rai Written responses'from F:E.C.'Ry. and the Utilities De- partment were not receivedi= however, a'follow-up indicated that neither objected t6"thie--abandonment. A site inspection showed that the ri ht -of -,ray i'S' current- ly unused on east side of Gibson Street ?130th St.). Future link between Gibson Street, F.E.C. Ry., County R.O.W. and potentially other properties to the east should be accomodated further to the south. This is mentioned due to past abandon- ments which have been granted in this area. Utilities and drainage needs can be adequately handled by existings rights- of-way and easements. Based on this, staff can recommend approval. DM:mr October 27, 1980 I have rP�.yiecaed this request and concur: . ei e s C]AVI:] M REVER - DPECTOR 21?1 14T -AWE. VCcJ r=;-1ML >' ---a0 42 MR. MARSH FURTHER EXPLAINED THAT ROSELAND STREET, ON THE EAST SIDE PARALLELING THE RAILROAD, IS NOT IN EXISTENCE AT THIS TIME, AND THE PLANNING DEPARTMENT DID NOT FIND SIGNIFICANT REASONS TO REJECT THIS REQUEST. HE ADDED THAT THEY DID FEEL THAT THERE SHOULD BE ON RECORD SOME KIND OF ACCOMMODATION OF RETAINING AT LEAST ONE RIGHT-OF-WAY THAT COULD BE LINKED BETWEEN THE ToWNSITE OF ROSELAND AND THE RAILROAD. CHAIRMAN SIEBERT ASKED WHAT THE PURPOSE WAS OF THE REQUEST. MR. MARSH REPLIED THAT IT WAS FOR THE EXTRA PROPERTY. DISCUSSION FOLLOWED ALONG THOSE LINES. COMMISSIONER LYONS COULD NOT SEE ANYTHING GAINED BY MAKING THIS MOVE AT THE PRESENT TIME; IF WE DO MAKE THIS MOVE, THE COUNTY CLOSES THEIR OPTIONS, CHAIRMAN SIEBERT STATED THAT HE WAS NOT IN FAVOR OF IT EITHER, AND HE DID NOT SEE WHAT HARM WE WILL BE DOING BY RETAINING IT. COMMISSIONER LYONS WONDERED IF THE PETITIONER WOULD WANT TO ADVERTISE FOR A PUBLIC HEARING IF THE COMMISSION INDICATED THAT THEY DO NOT EXPECT TO VOTE FAVORABLY ON IT. MR. MARSH SUGGESTED THAT THE PLANNING DEPARTMENT COULD CONVEY THE FEELING OF THE BOARD BACK TO THE APPLICANT, AND ASK THEM IF THEY WISH TO PURSUE THIS FURTHER; IF THEY D0, THEN TO COME BACK AT ANOTHER TIME. COMMISSIONER LYONS STATED THAT HE WOULD VOTE AGAINST IT, AND COMMISSIONER DEESON STATED THAT HE WOULD ALSO. COMMISSIONER Loy COMMENTED THAT THE PETITIONER DID NOT SHOW HIS REASON ON THE APPLICATION FOR WANTING THIS ABANDONMENT. CHAIRMAN SIEBERT INSTRUCTED MR. MARSH TO CONVEY THE FEELINGS FROM THE BOARD THAT UNLESS THERE ARE SOME GOOD REASONS FOR THIS ABANDONMENT, THE BOARD HAS DECLINED TO DO S0, SENIOR PLANNER MARSH NEXT DISCUSSED THE FOLLOWING LETTER: 43 NOV 51980 Nov 51990 Doan 45 PA6E 162 INOIAN RIVER COUNTY PLANNING . :'< fir. t, ,3" & N OERARTMEIN November 4, 1980 MEMO TO: Board of County Commissioners -� FROM: David Marsh, Senior Planner SUBJECT: San Sebastian Springs, Unit I This request is to extend the.preliminary plat on San Sebastian Springs, Unit I until April 21, 1981. The plat has been revised to reflect the actual roadbed alignment and culverts are in place as shown. A general note regarding fill limitations and sedimentation control has also been added. The status of the development regarding items 4 - 6 in the June 19, 1980 memo from this department has not changed. Based on the discussions at the August 13, 1980 Commission meeting, the revised tentative plat has been satisfactorily revised. The staff still would contend that an easement on lot 31 should be provided. Items 5 and 6.involving completion of roads, swales, ditches, headwalls and the general dressing up of the area will be considered prior to final plat approval. In subsequent review of this plat, there are also a couple other questions which should be noted for consideration before entering the final plat review process. They are as follows: DM : j c 1) The main entry road from S.R. 512 has riot been shown to be paved. (These are proposed as public streets and easements.) 2) Paving along Gardenia Avenue should include the 1/2 street all along the common border (see lots 3 & 4). OAVIO M. REVER • DIRECTOR 2121 14'"AVE. VERO BEACH, FL 32960 • 305/567-5142 I& MR. MARSH APOLOGIZED TO THE BOARD FOR NOT HAVING THIS SCHEDULED REGULARLY ON THE AGENDA; IT WAS A STAFF OVERSIGHT, THUS IT HAD TO BE ADDED TO THE AGENDA AT THE LAST MINUTE. HE CONTINUED THAT THE REQUEST IS BROUGHT TO THE BOARD AS A RESPONSE TO THE DIRECTION GIVEN BY THE BOARD BACK IN AUGUST OF THIS YEAR TO RECTIFY THE SHORT— COMINGS NOTED IN THE MEMO DATED JUNE 19, 1980, AS FOLLOWS; INDIAN RIVER COUNTY i� DEPARTMENT June 19, 1980 'MEMO -, TO: Board of County Commissioners FROM: David Marsh, Senior Planner SUBJECT: Proposed Preliminary 01at.Extension San Sebastian Springs, Unit I The staff has reviewed the tentative plat and the files and finds no overriding reason to deny the requested extension. Preliminary approval was granted February 21, 1979 Jr It should be noted, however,*that the slated 1-mprovements are estimated to be approximately 50% complete.=..Other shortcomings found in our review and inspection are as follows 1) Notes regarding filling in sensitive areas and sedimentation control have not been placed on the plat. (Board of County Commission minutes March 21, .1979) 2) It does not appear that the existing road alignment conforms to the plat in some areas. 3) Culverts have been placed it different locations than that shown on the plat (thereby creating problems with easement alignments). 4) Lot 31 has an existing slough through the center of the lot with no easement. 5) Pavement of interior roads and 1/2 street on east property line have not been.undertaken. 6) Extensive additional Swale and drainage work will be required. (Ex. regrading, grassing or seed and mulch) DM:jt :45 NOV 51980 BQIIK 45 PAGF.164' MR. MARSH ADVISED THAT THE FIRST THREE ITEMS HAVE BEEN RECTIFIED; THERE IS A NOTE ON THE PLAT, AND THE SURVEYOR DID GO OUT, RESURVEY, AND REVISE THE PLAT ACCORDINGLY. HE ADDED THAT THEY HAVE VISITED THE SITE AND ARE SATISFIED THAT THE ROADS AND CULVERTS ARE AS SHOWN ON THE PLAT IN THE CORRECT POSITIONS. MR. MARSH STATED THAT ITEM 4 IN THE MEMO INVOLVES THE SLOUGH LOCATED ON LOT 30; THE STAFF -IS STILL NOT SATISFIED THAT PERHAPS AN EASEMENT MIGHT NOT BE THE CORRECT MEANS OF HANDLING THAT SITUATION BECAUSE OF THE POSSIBILITY OF FILLING IN OF A DRAINAGE AREA WHICH IS GOING TO BE MAINTAINED BY THE COUNTY. HE CONTINUED THAT THE DITCHES AND THE STREETS ARE PUBLIC. THE LAST TWO ITEMS IN THE MEMO PERTAIN TO THE NON -COMPLETION OF THE STREETS AND THE HALF -STREET AND THE ADDITIONAL DRESSING UP THAT STAFF FELT WAS NEEDED PRIOR TO GETTING IT TO THE FINAL PLAT PROCESS. MR. MARSH STATED THAT IT WOULD INVOLVE SEEDING, MULCHING, AND CLEANING OUT THE CULVERTS BECAUSE OF THE SEDIMENTATION TAKING PLACE, REFERRING TO THE MEMO DATED NOVEMBER 4TH, MR. MARSH STATED HE UNDERSTOOD THE ISSUE ABOUT LOTS 3 AND 4 ON THE EASTERN PORTION OF THE PROPERTY WAS ADDRESSED IN THE ORIGINAL PLAT APPROVAL; HE WAS NOT A MEMBER OF THE STAFF AT THAT TIME. HE CONTINUED THAT THE OTHER ITEM IS THE ENTRY ROAD LEADING FROM S.R. 512 TO THE PROPERTY IN QUESTION. IN FAIRNESS TO THE DEVELOPER, MR. MARSH DID NOT KNOW IF THOSE ARE ISSUES THAT SHOULD BE CONSIDERED AT THIS TIME, IN RELATION TO THE REQUEST OF EXTENSION OF THE PLAT; THAT IS, THE ISSUE OF THE ROAD EXTENSION TO S.R. 512. ATTORNEY COLLINS COMMENTED THAT THE LAST TWO ISSUES ARE NOW NEW; THEY HAVE BEEN DISCUSSED EVERY TIME, THAT IS, EVER SINCE THE PLAT FIRST CAME UP, AND THE BOARD WENT INTO GREAT DETAIL ABOUT WHETHER OR NOT ACCESS COULD BE GAINED TO THE SUBDIVISION THROUGH THE EASEMENT, AND WHAT WAS GOING TO HAVE TO BE DONE TO MAKE THE EASEMENT SATISFACTORY FOR ACCEPTANCE OF THE PLAT. ATTORNEY COLLINS STATED THE ISSUE THE BOARD DEALT WITH WAS WHETHER OR NOT THE SUB- DIVISION COULD BE APPROVED SINCE IT WOULD NOT FACE ON A DEDICATED ROAD. HE NOTED THAT HE GAVE AN OPINION IN THE AFFIRMATIVE, AS LONG AS THERE WERE SATISFACTORY EASEMENTS TO THE PROPERTY, AND THAT THOSE EASEMENTS WERE DEDICATED SO THAT THE PUBLIC HAD THE RIGHT TO USE THEM. THE ATTORNEY RECALLED THAT THERE WAS DISCUSSION REGARDING WHAT IMPROVE- MENTS WOULD HAVE TO BE MADE ON THE EASEMENTS IN ORDER FOR THE COUNTY TO ACCEPT THEM. EDWARD SCHMUCKER, ENGINEER, APPROACHED THE BOARD AND SKETCHED THE SUBDIVISION ON THE BLACKBOARD AND EXPLAINED THE ACCESS THROUGH UNDEDICATED RIGHTS-OF-WAY IN SEBASTIAN HIGHLANDS, AND THERE IS A WINDING ROAD ABOUT 3/4 OF A MILE LONG THAT.GOES TO 512, HE THEN -EXPLAINED ANOTHER ROUTE WHERE THERE IS A WOODEN BRIDGE. ATTORNEY COLLINS COMMENTED THAT APPARENTLY, IT WAS DECIDED TO HAVE THE ENTRANCE TO THE SUBDIVISION FROM THE DEDICATED HIGHWAY TO GENERAL DEVELOPMENT. MR. SCHMUCKER AGAIN DISCUSSED THE ROAD WHERE THERE IS A WOODEN BRIDGE IN BAD CONDITION, AND THE OWNER WILL PUT A GATE UP TO BLOCK THAT OFF SO THAT IT WILL NOT BE USED AS AN ACCESS. ATTORNEY COLLINS INTERJECTED THAT THE OWNER MUST MAKE UP HIS MIND ABOUT THE MAJOR ENTRANCE TO THE SUBDIVISION. MR. SCHMUCKER NEXT DISCUSSED THE BLOCK OF SCHOOL PROPERTY WHERE SEBASTIAN HIGHLANDS HAD BUILT THEIR HALF -ROADS. HE SAID THEY AGREED TO PUT THE OTHER HALF OF THE ROAD IN WHERE SEBASTIAN HIGHLANDS BUILT THEIR HALF ROAD, AND THEN WOULD GIVE THE OTHER HALF RIGHT-OF-WAY, BUT THE ROAD IS NOT BUILT BECAUSE OF THE SCHOOL PROPERTY. MR. SCHMUCKER NOTED THAT MR, MARSH IS ASKING WHETHER OR NOT A HALF ROAD SHOULD BE IN THERE. CHAIRMAN SIEBERT STATED THAT IT WAS THE BOARDS POLICY TO GET THE MONEY FOR THE HALF ROAD IN CASE IT EVER DOES GO THROUGH. MR, SCHMUCKER MENTIONED A LARGE ONE ACRE LOT WHERE DR. FISCHER SAID A HOUSE COULD BE BUILT WHERE IT WOULD OVERLOOK THE RIVER, AND THE RIVER COMES IN ON THIS LOT LIKE A TRIBUTARY. HE FELT THERE WAS NO PROBLEM BY DIVERTING THE WATER ON THIS LOT; THE RIVER IS 8' BELOW THE ORIGINAL GROUND. HE ADDED THAT THE LOT TAKES A SHARP DROP SO THEY CAN GO INTO THE NATURAL CUTS THAT ARE IN THERIVER NOW, CHAIRMAN SIEBERT WONDERED IF THEY WERE ADDRESSING THE DRAINAGE PROBLEM OR JUST RAISING A RED FLAG INDICATING THAT IT MIGHT BE A PROBLEM ON THE FINAL PLAT, NOV 51980 47 - 55ox 45 pw5 NOV 51990 45 PAcf 166 MR. MARSH STATED THAT IT WAS JUST HIS INTENT TO RAISE A RED FLAG, ATTORNEY COLLINS THOUGHT THE BOARD SHOULD ADDRESS THE ISSUES THAT WERE BEING PRESENTED AND WHERE POSSIBLE TO SET CONTINGENCIES THAT WILL HAVE TO BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT. CHAIRMAN SIEBERT REVIEWED THE CONTINGENCIES: SATISFACTORY DRAINAGE FOR LOT 31 TO BE WORKED OUT; MAIN ENTRY ROAD BE DECIDED UPON, AND DETERMINATION BE MADE WHETHER OR NOT IT IS GOING TO BE AT S.R. 512, AND IF THERE IS GOING TO BE AN ENTRANCE OFF THE S.R. 512 THAT IT DOES CONFORM WITH ALL COUNTY POLICY; AND FINALLY, THAT THE PAVING ALONG GARDENIA AVENUE SHOULD BE PROVIDED FOR EITHER BY CASH ESCROW OR ACTUAL PAVING. COMMISSIONER LYONS SUGGESTED THAT THE PLANNING DEPARTMENT GO BACK THROUGH THE MINUTES AND GATHER THEM ALL, PUT THEM IN ONE FILE, IN ORDER TO HAVE SOME HISTORY. MR. SCHMUCKER DISCUSSED THE EXPIRATION TIME OF THE PRESENT EXTENSION, WHICH WAS OCTOBER 21, 1980. HE INFORMED THE BOARD THAT DR. FISCHER WAS NOT SURE HE COULD EVEN GET THE FIRST UNIT COMPLETED WITH AN EXTENSION OF SIX MONTHS FROM TODAY BECAUSE OF HIS FINANCIAL STATUS AND THE INTEREST RATES. MR. SCHMUCKER ADVISED THAT DR, FISCHER HAS MOVED THE ROAD IN THE OTHER SECTION, IS PULLING THE ROAD BACK BY A ONE LOT DEPTH FROM THE NORTH END OF THE SECOND PHASE, AND HE HAS FILED FOR A POND PERMIT. HE STATED THAT THE SUBDIVISION REVIEW COMMITTEE REQUESTED SEVERAL THINGS: 1. DR. FISCHER HAD TO FINISH THE FIRST SECTION COMPLETELY AND PLAT IT BEFORE THEY WOULD GIVE APPROVAL TO THE SECOND SECTION. 2. THE LOOP ROAD IN THE SECOND SECTION SHOULD NOT GO TO THE PROPERTY LINE, THAT IT BE INTERNAL TO THE DEVELOPMENT. 3. THERE WAS A QUESTION WITH THE HEALTH DFPARTMENT ON THE NUMBER OF LOTS IN THE SUBDIVISION, AND WHETHER OR NOT DR. FISCHER COULD HAVE SEPTIC TANKS. THE LAST ITEM HAS BEEN CLEARED UP AS THEY HAVE A LETTER FROM THE HEALTH DEPARTMENT SAYING THAT THERE IS NO PROBLEM WITH ONE ACRE LOTS AND SEPTIC TANKS. MR. SCHMUCKER NOTED THAT DR. FISCHER IS CHANGING THE ROADWAY, THE SEPTIC TANK PROBLEM IS SOLVED; SOAIT IS 48 ONLY A MATTER OF WHETHER THE SRC WOULD DENY ACCEPTANCE OF THE SECOND PHASE PRELIMINARY PLAT, WHICH IS SO COORDINATED WITH THE FIRST UNIT. HE ADDED THAT DR. FISCHER IS HOPING TO GET A YEAR EXTENSION, WITH A YEAR AND A HALF ON THE SECOND PHASE. MR. SCHMUCKER COMMENTED THAT DR. FISCHER COULD HAVE FILED FOR A PRELIMINARY PLAT FOR THE WHOLE THING, WHICH IS WHAT HE SHOULD HAVE DONE, BUT HE WAS CONCERNED WITH HIS FINANCIAL SITUATION AND WHETHER OR NOT HE COULD FINISH THE PROJECT. HE ADDED THAT THIS WAS THE TRUE LAYOUT OF THIS DEVELOPMENT. COMMISSIONER LYONS COMMENTED THAT THIS HAS BEEN THE MOST CONFUSING DEVELOPMENT THAT HE EVER RAN INTO - IT SEEMS TO BE THE GOSPEL ACCORDING TO DR. FISCHER. HE WONDERED WHY IT COULD NOT BE A STRAIGHT -FORWARD DEVELOPMENT, AND DO IT LIKE EVERYBODY ELSE DOES, AND NOT HAVE THIS CONSTANT SHIFTING OF CHANGES, CHAIRMAN SIEBERT WONDERED WHY THIS WAS NOT ABANDONED AND STARTED AGAIN. IN OTHER WORDS, DO BOTH PARCELS IN ONE, FILE THE ONE AND START FROM ZERO. ATTORNEY COLLINS STATED THAT HE DID NOT RECOMMEND THAT BECAUSE DR. FISCHER HAS DONE SOME SOME THINGS ACCORDING TO THE PRESENTATIONS HE MADE ON THE FIRST FILING OF THE PRELIMINARY PLAT. HE DID NOT THINK THE BOARD SHOULD ALLOW HIM TO ABANDON THE REPRESENTA- TIONS THAT HE HAD MADE TO THE BOARD. ATTORNEY COLLINS THOUGHT IT WOULD BE MORE APPROPRIATE THAT THE BOARD HOLD HIM TO HIS PRIOR COMMITMENTS AND GIVE HIM WHAT APPROPRIATE EXTENSIONS THE BOARD THINKS NECESSARY. MR. SCHMUCKER ASKED THE BOARD TO CONSIDER GIVING DR. FISCHER A 6 OR S MONTH EXTENSION, AND ALSO CONSIDER THAT THE COMPLETION OF THE FIRST PHASE PRELIMINARY PLAT NOT BE DONE BEFORE THE BOARD GIVES HIM THE SECOND PHASE. HE ADDED THAT THEY WILL REFILE THE SECOND PHASE AS AN OVERALL DEVELOPMENT, AND PERHAPS GET AN APPROVAL FOR ONE AND A HALF YEARS ON THAT BASIS. OR, HE CONTINUED, WOULD THE BOARD GIVE HIM AN EXTENSION ON THE PRESENT PRELIMINARY PLAT, THEN REMOVE THE RESTRICTION THAT DR. FISCHER HAS TO FINISH THE FIRST PHASE BECAUSE THE SRC HAS TAKEN THE INTERPRETATION THAT THE FIRST PHASE HAS TO BE 49 NOV 51980 w° 45 ear �:6 NOV 51980 Bois 45 M'GE 168 COMPLETED BEFORE THE SECOND PHASE IS APPROVED AS A PRELIMINARY PLAT. MR. SCHMUCKER COMMENTED THAT THE WHOLE THING IS A CONTIGUOUS UNIT. CHAIRMAN SIEBERT STATED THAT HE COULD NOT AGREE TO THAT. ATTORNEY COLLINS FELT THAT THAT PARTICULAR MATTER WAS NOT WHAT WAS BEFORE THE BOARD. HE EXPLAINED THAT THIS MATTER IS A DECISION MADE BY THE SRC, AND UNLESS THAT DECISION IS APPEALED, HE DID NOT THINK THE BOARD SHOULD COUNTER THEIR PRIOR ACTION, MR. SCHMUCKER ASKED THEN IF THE BOARD WOULD GIVE THEM 4 TO 6 MONTHS AS AN EXTENSION FOR THE PRELIMINARY PLAT SUBJECT TO THE ACCESS FROM FELLSMERE ROAD, AND THE FINAL PLAT ESCROW FOR THAT HALF STREET BEYOND THE SCHOOL BOARD PROPERTY, HE DID NOT THINK THE DRAINAGE PROBLEM WOULD HAVE TO BE MENTIONED, AS IT HAS TO BE STRAIGHTENED OUT BEFORE THE FINAL PLAT. ATTORNEY COLLINS THOUGHT HE SHOULD MENTION DRAINAGE, AND THAT THEY SHOULD REFER BACK TO THE PLANNING DEPARTMENTS LETTER OF OF JUNE 19, WHICH WAS A CONDITION OF A PRIOR EXTENSION THAT WAS GRANTED, JUST SO THERE WOULD BE SOME CONSISTENCY IN THEIR ACTION. CHAIRMAN SIEBERT THOUGHT THAT DR. FISCHER OUGHT TO KNOW THAT THERE CANNOT BE A NON -ENDING EXTENSION GIVEN TO THIS PRELIMINARY PLAT. COMMISSIONER Loy COMMENTED THAT WHEN OTHER DEVELOPERS HAVE DONE THE WORK AND REQUESTED AN EXTENSION, THE BOARD HAS ALMOST AUTOMATICALLY GIVEN A 6 MONTHS EXTENSION, BUT ONLY ONE TIME - THE ATTORNEY AGREED. ATTORNEY COLLINS NOTED THAT THE OTHER SIDE OF THE COIN IS THAT THE BOARD HAD NOT PREVIOUSLY APPROVED THE FINAL PLAT UPON THEIR POSTING OF A BOND, SO THE BOARDS REMEDIES ARE VERY LIMITED IN THIS SITUATION - THE BOARD HAS NO MONEY AVAILABLE TO GO IN AND FINISH UP THE IMPROVEMENTS. ON THE OTHER HAND, THE ATTORNEY STATED THAT DR. FISCHER CANNOT SELL THE LOTS UNTIL THE BOARD GIVES FINAL APPROVAL; SO,THAT IS HIS INCENTIVE TO TRY TO GET THE FINAL APPROVAL AS SOON AS HE CAN. HE THEN SUGGESTED THE BOARD GIVE THE APPLICANT A REASONABLE EXTENSION TO ALLOW HIM TO COMPLETE PHASE ONE OF THE PROJECT AS HE HAS SUBMITTED, SUBJECT TO THE CONDITIONS WE HAVE TALKED ABOUT. ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON, THE BOARD AGREED TO GIVE THE APPLICANT A REASONABLE EXTENSION, UNTIL APRIL 21, 1981, TO ALLOW HIM TO COMPLETE PHASE ONE OF THE PROJECT AS HE SUBMITTED, SUBJECT TO THE CONDITIONS AS FOLLOWS: ACCESS FROM FELLSMERE ROAD, ESCROW FOR THE HALF STREET, AND THE DRAINAGE PROBLEM CORRECTED. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE BOND FOR THE NEWLY ELECTED COMMISSIONER, ALFRED GROVER FLETCHER. OATH OF OFFICE OF COMMISSIONER ELECT FLETCHER ALSO IS HEREBY MADE A PART OF THE MINUTES. 51 NOV 51900 S 45 X169 i aol445 PAGF17V' 51980 IT IS IMPORTANT THAT THIS -BOND BE EXECUTED AND QUALIFICATION PAPERS COMPLETED WITHIN SIXTY DAYS AFTER ELECTION STATE OF FLORIDA County of _...._.__.1.N.D.1AN_..RIVER KNOW ALL HIEN BY THESE PRESENTS, That We, _—ALFRED.-GROVER-EL F12 as principal, and...._...4kJER STATES FULLER A as sureties are held and firmly bound unto the Governor of the State of Florida, and his successors in office, in the sum of.....10 THOOM., lawful money, for the payment whereof, well and truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Scaled with our seals, and dated this _-.44i.. day of The condition of the above obligation is such, That whereas, the above bounden ................. ALFRED GROVER F 1. L77CHER ......... ...... . ............. . ............................ . . . . .... . was, on the _-4A___ day of November, A. D. 19 8.0....., elected ........ County Commi44iI. .f .. , o.nRAI-NdiaA• . . .. . ...... . ... . ..... ___. . ................... . ... . ...... ................ .... . ........... . ............. . .......... I . ............. . .... . ............. to hold his office for the term of four years beginning on the Tuesday two weeks following the day of the general election held November ... 4 ........ A.D., 19 ...... and until his successor is qualified according to the Constitution and laws of this State. Now, therefore, if the said shall faithfully perform the d6ties of his said office, as provided by law, then this obligation to be void, else to be and remain in full force and virtue. Si d, scaled and delivered in presence of us: My 04 & ............................ ...................... A-04 _...._....__.......ALF.. M----GR0V.ER_-FL-ETCHE9 .. . . . . . ....................... .......... '014 ..... . ...... ........... ................... UNITED STATES FIDEy. . ........... . .. . ....... . .......................... . ................ COMPANY Surety 114 GE CVj INC. ... ... .... ........... ea A. Thomp n -e:y tn', The above bond is approved this 5.th .......... day of .................. Ndvember ...... 19 ..... . . ..... 011 loom. tssioners.-. .1n....... -------- - - .......... .. . .... ...................... . ....... . ................ . ............. ............ . Z' ....... ................. County Commissioners. The above bond is approved this . ............. . ...... day of ........ . ...... . . . ..... .............. ...................................... .... 7, Comptroie";Fj elec-21 A 10.25-72 _ e � CERTIFIED COPY GENERALO VVTR OF ATTOPM] Know aU .Wen by these Presents That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint James A. Thompson, Jr. of the City of Vero Beach , State of Florida its true and lawful attorney in 'and for the State of Florida for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said James A. Thompson, Jr. may lawfn117 do in the premises by virtue of these punts. In Witrsess Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused thio instrument to be sealed with its corporate seal. duly attested by the signatures of its Vice -President and Assistant Secretary, this 14th day of January , A. D. is 77 (Signed) (SEAL) (Sinned) STATE OF MARYLAND, BALTIMORE CITY, sa: UNITED STATES FIDELITY AND GUARANTY COMPANY. Bertraffi W. Sealy, Jr. ............ .. Vice -President. William J. Phelan .... , •..........•.....• ........................... Assiumrt Secretory. On this 14th day of January , A. D. 1977, before me personally came Bertram It. Sealy, Jr. , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and William J. Phelan , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Bertram W. Sealy, J r . and William J. Phelan were respectively the Via -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described is and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora. tion, and that they signed their names thereto by like order as Vice -President ,and Assistant Secretary, respectivef , o the Company. My commission expires the first day in July, A. D. 19... ... r (SEMI,) (Signed) Herbert J. ......................... ..No .... STATE OF MARYLAND 1 BALTIMORE CITY. 1} Sct.es PUBLIC I. Robert H. B O u s e . Clerk of the Superior Court of Ba is 10 tci>• is a Court of Record, and has a seal, do hereby certify that Herbert J. Au l l I , E , before whom the annexed affidavits were made, and who has thereto subscribed his name. was at the time of so doing a : ublic of the State of Maryland. in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereo/, 1 hereto act my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 14th day of January , A. D. 1977 He (SEAL) (Sign .Obert...... BOu3...... F'8 3 (MI) Clerk o/ the Superior Corot o/ Bottimore City. NOV 51980 eaox 45 FACE 171 OATH OF OFFICE COUNTY OF Indian River Boa( 45 PAcE 1 72 I DO SOLEMNLY SWEAR that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida: that I am dulN qualified to hold office under the Consti- tution of the State, and that I will well and faithfullt perform the duties of County Commissioner of Indian River County, Florida - District 1 on which 1 am now about to enter, so help me God. Swnrn to and subscribed before me this j4i�oe.t �j�1/D day of �` �lc.�- (Sipn as .nu aesire commission issued) IrJ �p Alfred Grover Fletcher `eta blit or other J ividual authorised .c adhinister oaths ?TRAY PUILiC STATE Or FLOMDA AT M Comr ss ion e spires AAY COMM SSCNN EX.a(Pt5 JULY 8 1482 7 . . atT[ a SECUTARY OF S A11: 7"1 WITOL, TULViASSEE, FLORMN 32304, 1 accept the office of County Commissioner - District 1 of the County of Indian River In aaaition to the above nrficc• I al5n holt, thu ofiicr r„ My postoffice address is 55 IJ The above is the oath of office taken by me. None (N. ned office of None) P.O. Box 276, Roseland, Florida 32957 FLORIDA Sign Vou desire commission issued) Alfred Grover Fletcher U SENIOR PLANNER MARSH DISCUSSED THE FOLLOWING MEMO WITH THE INDIAN RIVER COUNTY IDERARTIVIEN nber 4, 1980 P1 anni ng Department` Neil Nelson, County Administrator ;CT: Hobart Landing F.inail'Plat Approval A site i_nspection.of Hobart Landing,Unit 3, was November. r3 " 1.980. There wasa 12 -foot wide .paved without shoulders. -,T _,he lots were staked. jhe final the overall design are ;in general compliance with reliminary plat. r; Therefore, staff recommends approval. MR. MARSH ADVISED THAT THE PLANNING STAFF RECOMMENDED APPROVAL OF THE FINAL PLAT. ATTORNEY COLLINS ASKED IF MARSHA LANE WAS GOING TO BE PLATTED. DANA HOWARD, ENGINEER, REPLIED AFFIRMATIVELY. HE STATED THAT MARSHA LANE WILL REMAIN A PRIVATE ROAD, NOT PUBLIC. ATTORNEY COLLINS REFERRED TO THE PLAT AND STATED THE DEDICATION CALLS FOR A DEDICATION FOREVER OF ALLEYS AND EASEMENTS, BUT THERE IS NOTHING SAID ABOUT THE ROADS. NOV 51980 55 45 fxA73 NOY 519 0 Boa pau 174 MR. HOWARD NOTED THAT HE CAN CORRECT THAT BY MAKING IT A PRIVATE ROAD IN THE DEDICATION. ATTORNEY COLLINS ASKED HIM TO ADD THAT DATA TO THE DEDICATION, AND GIVE THE COUNTY AN EASEMENT OVER THE PRIVATE ROAD FOR FIRE AND POLICE EMERGENCY PURPOSES. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED AND APPROVED THE FINAL PLAT OF HOBART LANDING, WITH THE CONDITIONS AS OUTLINED BY THE ATTORNEY, AND SUBJECT TO THE ATTORNEY'S REVIEW BEFORE.RECORDING. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 11:25 O'CLOCK A.M. AND RECONVENED AT 11:26 O'CLOCK A.M. ACTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT. 56