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HomeMy WebLinkAbout5/26/19831-7 Thursday, May 26, 1983 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Thursday, May .26, 1983, at 1:30 o'clock P.M. Present were Richard N. Bird, Chairman; Don C. Scurlock, Jr., Vice Chairman; Margaret C. Bowman; Patrick B. Lyons; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; L. S. "Tommy" Thomas, Community Services Director, Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, Finance Director; and Virginia Hargreaves, --.Deputy Clerk. The Chairman called the meeting to order and led the Pledge of Allegiance to the Flag. RECOMMENDATIONS OF BEACH ACQUISITION COMMITTEE Chairman Bird did not know how far the Commission wished to proceed today, but noted that he, as well as the committee and the Attorney, all felt the timing was such that it is important to move further forward. He explained that the material distributed to the Board contained an excerpt from the 5/19/83 Beach Acquisition Minutes; a summary of negotiations; comparison sales; copy of letter sent to each property owner; copy of the advertisement; a complete list of the offered properties; and a proposed Resolution. Some of the parcels listed are quite small and on some the committee felt the price was completely out of line. In discussion, it was felt rather than review all the properties submitted, that the Board would like to address just the basic three or four recommended by the committee. Environ- mental Planner Challacombe reviewed four of the parcels described in the following memo from Attorney Brandenburg: 1 am, WK 53 wt TO: Park and Recreation DATE: May 18, 1983�� oF5 F�GE04 Committee Beach Acquisition Sub -Committee SUBJECT: Summary of Negotiations with Oceanfront Parcel Owners FROM: 'Gary M. Brandenburg REFERENCES: County Attorney STANNY PROPERTY This property is immediately north of the Round Island Park and is comprised of approximately 310 feet of oceanfrontage with a 600 foot depth being approximately 4.4 acres. Chairman aird and I initially met with Mr. Stanny on May 2, 1983. Mr. Stanny indicated that he purchased the property in the early 1950's and that his ownership runs all the way to the river. He was interested in selling for various reasons including that he believes it to be a detriment to be directly adjacent to an already existing County park and that his children have located elsewhere throughout the United States. During this initial meeting Mr. Stanny indicated that terms on the property would be negotiable and that he might be interested in spreading the purchase price over more than one year. He indicated that he has been trying to exchange the property for several years but would only be interested in an exchange of other oceanfront property. There have been no recent appraisals on the property. We discussed the tax advantages of dealing with the County with Mr. Stanny and asked hi.ni to consider them and to report back. We ruet: again with Mr. Stanny on May 5, 1983. At this time he had decided that he would definitely like to sell the property if he could. The price would be $650,000 for the property running from the ocean to A- 1-A constituting $2,096 a front foot or he would sell all the land ocean to river for $500,000. We once again emphasized the tax aspects of dealing with the County and asked Mr, Stanny to thoroughly consider them and let us know whether he would be will- ing to consider further price reductions. I last talked with Mr. Stanny on May 12, 1983, when he indicated that the $650,000 price was his bottom line and that tie was not amenable to trying to work out a further price reduction due to tax advantages. CAIRNS PROPERTY I met with Bob Cairns and Bob Kohler on May 15, 1983, to discuss the possible purchase of a parcel comprising 4.29 acres with a 350 foot frontage on the ocean and a 535 foot depth. The asking price for.the property is $4,000 a front foot or $1,400,000 total. Mr. Cairns owns 650 feet of ocean frontage; however, he prefers to keep 300 feet to be used as a beach club in the future. Mr. Cairns owns the property with a group of which he and his brother are thp majority interest holders. Because of the diversity of the investors in the group, he feels that it would prefer a straight cash sale or a sale under threat of condemnation. Mr. Cairns does not appear to be particularly anxious to sell the property which his group owns free and clear. He recognizes that his parcel is relatively close to the Nutt parcel and that if the County is successful in purchasing the Nutt parcel the County would, in all likelihood, not be interested in his parcel. pli orm 100-101-1 2 e � a If the County was seriously considering his parcel, it is possible that he would cooperate by virtue of a bargain/sales agreement where there would be a value reduction of two-thirds of the differ- ence between the $4,000 asking price and a higher appraisal. This was not a firm offer but merely discussions at this time. PFEIFER PROPERTY This property consists of approximately 7.23 acres with 726 feet of beach frontage and a 650 foot depth, The property has a triangular portion on the northeast corner which abuts A -1-A as an out parcel which has been excavated. In turn the property has a similarly sized triangular parcel on the west side of A -1-A across -from its I outhernmost boundary. The original asking price on this property was $1,250,000 or $1,721 a front foot. The property is owned by Dr. Pfeifer and Mr.. Heikes. Mr. Heikes, Bob Kohler and I met on May 3, 1983, to discuss the possible acquisition of the property by the County. During the meeting, Mr. Heikes indicated that the purchase price was $1,300,000 or $1,790 a front foot and that he would probably be willing to accept some terms on the property such as 25% down with the balance over 5 years at 11%. He indicated that Dr. Pfeifer may not want to receivb the purchase price until January 1st of next year. There have been no recent appraisals on the property and no recent survey. The owners have held this property for a considerable amount of time. To date, we have been unable to clear up the discrepancy in the asking price between -.;lat as originally offered to the County and that as represented by Heikes. During the av�eting we discussed with Mr. Heikes the possible tax advantages of dealing with the County and requested him to discuss these aspects with Dr. Pfeifer and let us know whether they felt. such warranted a price reduction on their behalf. I have not hee.rd from Mr. Heikes since our last meeting, and my attezpt to contact his office on Tuesday, May 3, 1983, discovered -that 1.3 was out of town for a week. Dr. Pfeifer returned my call on May 18, 1902:. He indicated that he was in the process of selling his practice &i.)et that he had not discussed the sale of this property with his accountants to date. I explained to him the possible tax advait- tages, and. he indicatedhe had not given this aspect much considera- tion. He invited me to contact his C.P.A. to discuss bargan/sale and condemnation aspects. He reiterated his feeling that the price as originally quoted was fair and in line with comparably offered properties. GOLDEN SANDS PROPERTY This property is approximately 14.45 acres with 1,145 feet fronting on the ocean and a width of 550 feet. The original asking price was $2,250,000 constituting $1,965 per front foot. I met with Mr. Deprez, Ed Schlitt, Harry Offutt and Michael Wright on Tuesday, April 26, 1983, and reported the gist of that meeting to you during your last Sub -Committee meeting on April 28, 1983. The property owners' current position is that they will work with the County on the purchase of any combination of the parcels 8, 9, 10, or 11. That the property owners would be willing to sell the 3 oceanfront parcels for $2.1 million which reflects an oceanfront foot price of approximately $1,834. The land on the west side of A -1-A was purchased with the oceanfront property could be obtained for an additional $300,000 amounting to a price approximating $30,000 per acre. There is a mortgage on the property payable to the Chemical Bank of approximately $300,000 on the land east of A -1-A and $50,000 on the land west of A -1-A. Mr. Schlitt indicates that he 3 wK 153 PAGE 05 LAA r MAY 261983 believes these mortgages are assumable at an with 4 to 5 years to run. The owners of this very flexible in their approach to a possible SIRK PROPERTY i 53,�'r interest rate of 8% property seem to be County acquisition. This property has approximately 188 feet of oceanfrontage, is 500 feet deep, and consists of 2.15 acres east of A -1-A. I did not meet with the owners of the Sirk property. Mr. MacAdam talked with the owners twice over the telephone and has indicated that they are not particularly interested in making the trip from Coral Gables to Vero Beach at this time. They will entertain offers on the oceanfront property by itself. The owners have expressed their desire to sell the property and appear to be cooperative. They have indicated a preference for a cash closing. NUMBER ELEVEN CORPORATION PROPERTY This parcel is approximately 2.3 miles north of Wabasso Beach Park and consists of 6.29 acres having 565 feet along the ocean with a 485 foot depth. The original asking price for the property was $1,200,000 making the front foot cost $2,123. Mr. Paull met with Al MacAdam, Dick Letsinger and Dan Wilson, on May 10, 1983, to discuss the possible acquisition by the County of this property. The property is held by a Sub -Chapter S Corporation which has Mr. Letsinger as its Director/President and Mr. Wilson as a Director/ Vice -President. The property has a 20 year mortgage at 10% wit.11 a $320,000 balance with a balloon payment due in 1985. The owners indicated their interest in a cash transaction but also specifi-- cally asked about cash plus donation plus a possiblity of purchas- ing some of the County's beach bonds. The possible advantages of dealing with the County were explained to the owners, and they r -ire requested to check with their accountants and determine whether they could offer the County a more favorable purchase. On May 17, 1983, Mr. Paull, Mr. MacAdam, Mr. Letsinger and Mr_ Wilson met again. At this time they reduced their purchase price. to $1,000,000 or $1,773.05 a front foot. It should be noted that this conveyance will be subject to a 5 foot easement along the north edge of the property which was previously dedicated for the benefit of the owners of Turtle Cove Subdivision. ED SCHLITT PROPERTY (ERDO PARCEL) This parcel is approximately 6•.2 acres in size with 484 feet of oceanfrontage and a depth of 566 feet. The original asking price for this property was $1,700,000 constituting $3,512 a front foot. I met with Harry Offutt and Ed Schlitt on May 16, 1983, to discuss the possible acquisition of this parcel by Indian River County. This, parcel is owned by a joint venture comprised of several investors who have indicated a preference for an all cash trans- action with possible terms if desired by the County. The parcel is listed at $1.7 million for the whole tract which includes a triangular parcel with dimensions of 8051, 1335' and 1492' all lying west of A -1-A. If the County desired to purchase only the oceanfrontage, the owners originally asked for approximately $2,.000 a front foot. During our latest meeting the owners have indicated a willingness to sell the oceanfrontage for $1,800 a front foot and the property on the west side in.the neighborhood of $450,000. Representatives of the owners have indicated that there is a possi- bility that the property could be offered for a slightly reduced Y 4 price if the County is action. This property Bell Road property. willing to proceed with an all cash trans - is immediately adjacent and south of the BELL ROAD PROPERTY Chairman Bird and I met with Dan Preuss, realtor and representa- tive of the Bell Road property on Friday, May 6, 1983. This prop- erty is approximately 11.24 acres with 980 feet of oceanfrontage to a depth of 500 feet. The owners have offered the property to the County at the price of $1,800 a front foot or approximately $1,750,000. The Bell Road Corporation purchased this property in August of 1980 for $1,100 a front foot. The owners would accept a downpayment equal to the balance of their existing -mortgage which is approximately $500,000 and would offer terms of a 3 year amor- tization at 12% interest on the unpaid balance.. The seller will be interested in reducing the price to $1,750 a front foot if the County were inclined toward an all cash transaction. The se1)ei is flexible and would consider selling a portion of the property. This property is immediately adjacent and to the north of the Schlitt/Erdo tract. HOWELL AND CHAPMAN PROPERTY This tract consists of approximately 16.74 -acres with 1,460 feet of oceanfrontage with a depth of 500 feet. The owners are requesting $3,000,000 for the parcel.which constitutes $2,056 a front foot. I have not met with the owners of the Howell and Chapman propeity but believe that Mr. Fennell has had at least one telephone conver- sation with their representatives. MORRIS PROPERTY: This parcel is 5.94 acres in size, has a depth of approximately 450 feet on the ocean side, and has a triangular potion as an out parcel along the ocean east of the Coastal Construction Control Line. The asking price for the parcel is $1,000,000 which includes a large parcel on the west side of A -1-A, both parcels totalling approximately 14 acres. The parcel owner and representative, Mme. Schlitt, indicated that tax aspects of this transaction would be very important and that if appropriate transaction could be struc- tured the price may be reduced from the $1,000,000 figure. BERKWITZ ESTATES PROPERTY This parcel consists of approximately 3.39 acres in size with beach frontage of 400 feet and a depth of 370 feet. The requested price for the property is $650,000 constituting $1,625 a front foot. This property is currently subject to probate proceedings. Mr. Offutt has had telephone conversations with representatives of the estate and will be in a position to indicate his findings to the Sub -Committee. STANNY PROPERTY Mr. Challacombe informed the Board that staff looked at all properties from a cost, resource and planning standpoint, and the reason staff liked the Stanny property is because it is located just north and adjacent to Round Island Park and can be used to 5 MAY 26 3 �9� arc 53 Put �7 MAY2 6pw U Fkf,F POS expand the existing beachfront. Most of the present park area on the west side of SR AlA is environmentally sensitive. The Stanny property has about 4.26 acres on the ocean and 6.31 acres on the west of SR AlA. Attorney Brandenburg noted that Mr. Stanny actually owns all the way over to the island the County already owns. The recommendation of the committee is to purchase the entire portion from the ocean to the island and the asking price for the entire parcel is $800,000. Mr. Stanny reduced his price on the oceanside portion only. Commissioner Scurlock noted that this works out to about $2,096 a front foot, and Attorney Brandenburg explained that is using the figure for the oceanside portion only; when you add the west side, your per front foot cost goes up, but the price per square foot goes down. Commissioner Wodtke expressed concern about purchasing property that was not actually beachfront, but Attorney Brandenburg explained that because it is contiguous to the ocean piece, there would be no problem. Discussion ensued regarding the depth of the water on the riverside portion.of_the Stanny property, and Community Services Director Thomas stated that it was not very deep, but we would have access to the deeper water where it was dredged. Chairman Bird noted that the current beach frontage of Round Island Park is about 310' and we would be doubling our frontage with this acquisition. He explained that although some other property was offered in this area, this was the only piece contiguous to the park, and the committee did not see any advantage in starting another small park in this area. Administrator Wright reported that St. Lucie County may obtain about 6,000' of beach frontage a half mile or so south of this through the Save Our Coast Program. N. GOLDEN SANDS PROPERTY Mr. Challacombe informed the Board that the oceanside portion of the Golden Sands parcel is 17.29 acres. In comparison Round Island is 80 acres, the Tracking Station Park is about 10, Wabasso Beach Park is about 1 and Ambersand is 1.5. All our County Parks on the Beach together total about 95 acres. The Golden Sands property is about 1� miles north of Wabasso Beach. Attorney Brandenburg explained that the acreage figures Mr. Challacombe is using are from the Property Appraiser's Tax Rolls, and they differ from the acreage figures from the surveys because they use different calculations in re figuring to the mean high water line or the dune line.- He stated that this property does have 1,145' frontage and an excellent depth. The Attorney continued -that he and Mr. Offutt negotiated this parcel with Mr. Deprez, who is from Switzerland and represents the various owners of the property. Mr. Deprez has now offered the county a different arrangement than presented in the backup material. He lowered the front foot price on the oceanside to $1,750 a front foot and then indicated his corporations would donate to the county four acres of property on the west side of AlA on either extreme of the parcel indicated as parcel 11. In addition to that, he would give the county a six months' option to buy the remainder of parcel 11, plus an additional six months right of first refusal. The price on this would work out to $2,000,250. Harry Offutt, member of the Beach Acquisition Committee, confirmed that one reason the committee liked the Golden Sands parcel was because of the flexibility of buying either one large parcel or. 1/3 or 2/3. He felt we were very lucky to have a substantial number of good propositions to look at and believed there is still quite a bit of competition out there as far as negotiations are concerned. 7 MAY 2 6 1983 MAY 26 1983 <PAUZ Attorney Brandenburg agreed that we have two or three large parcels very much in the same area with the same characteristics and the determining factor is the dollars. Commissioner Wodtke liked the idea of getting a large parcel in a central location north of Wabasso Beach Park to get some of the congestion away from the intersection of 512 and AlA, and Chairman Bird commented that the State's preference was for larger pieces of property where you can centralize your facilities and provide better security than in scattered areas. Commissioner Scurlock felt we must keep in mind the distance from utility services, and the further north you get, the further away you are from such services. He then asked if the factor of sand accretion had been considered as there are locations where the sand builds up and others where it wears away more quickly. Chairman Bird stated that we were limited by the properties offered to us. Although the beach seems to be building to some degree around South Beach Park, nothing is available in that area; all these pieces, however, seem to have quite a high bluff line, but they do not have a wide beach in front of the dune line. Commissioner.Lyons.commented that they still have to pump the sand -trap at Sebastian Inlet, and he believed these beaches would gain some benefit from that. Mr. Thomas noted that one of the reasons staff liked Golden Sands is the beach depth. Chairman Bird thanked Mr. Deprez for his cooperation and asked if he had anything he wished to add. Mr. Deprez just wished to point out that the total acreage of the oceanside parcel is 19 acres; 17.29 would be just to the bluff line. SCHLITT (ERDO PARCEL) AND BELL ROAD PROPERTY Mr. Challacombe emphasized that the Erdo parcel has 484 ft. oceanfrontage and a depth of 491' from AIA which provides sufficient depth to do a great deal of design work for a park. A The Bell Road parcel just to the north has about 1,000' of oceanfront, and together these parcels would be about 17 acres. Strategically, this is right in the middle between Wabasso Beach Park and Sebastian Inlet and for planning purposes, it is an excellent choice. Attorney Brandenburg reported that originally the Erdo asking price was $3,500 a front foot, but they included all the property on the west side of AlA. Subsequent to the Bell Road property lowering their price, Mr. Schlitt indicated he would match the price at $1,800 a front foot on the ocean and the property on the west would be in the neighborhood of $450,000. Mr. Schlitt informed the Board that he does have a small interest in the Erdo tract, -but represents --a number of investors in that parcel, and he would not be in a position to offer anything different at this time. In addition, he did not want to do anything that would jeopardize the possibility of a sale on the Golden Sands parcel as he has worked very diligently with Mr. Deprez to bring about a very attractive offering. Attorney Brandenburg noted that an interesting point re the Erdo and Bell Road parcels is that if you put these together, you will get a 2/3 - 1/3 oceanfront breakdown, and possibly we could ask the State to purchase the larger portion of this under the Save Our Coast Program. Attorney Brandenburg informed the Board that he contacted Mr. Armfield of Armfield - Houck Appraisal to see how long it would take to appraise some of these properties, and it seems there is a timing problem. Mr. Armfield informed the Board that he estimated about a 6 weeks to two months timeframe to put together a fully documented appraisal. He suggested that as an alternative, since he has done some research on property in that area, he could issue a letter of opinion of value. 9 53 Pace 11 MAY 2 1983 arc MAY 2 6 1983 bio Commissioner Wodtke stated that he personally would not have any problem with any value under $2,000 a front foot, but he did feel we need to have a full appraisal. Chairman Bird noted that we do have comparable sales to look at, and he also felt that the spirit of competition we have created has given some indication of property values. He asked the Attorney if he felt a letter of opinion of market value would be suitable. Attorney Brandenburg felt the letter of market value would provide the bottom line the appraisal would give; the difference is just that the appraiser does not have time to lay this out in the formal appraisal format. Mr. Schlitt felt the urgency of the timeframe involved is such that the Board should give favorable consideration to accepting a letter of opinion of market value. Commissioner Lyons concurred that we should follow this approach as he doubted the appraiser's opinion of value was likely to change between the issuance of such an opinion and completion of the full appraisal. Mr. Armfield stated that he could provide the letter of opinion of market,value_and also provide the Board with a verbal report. Discussion ensued as to whether we are tied in to using this one appraiser, and Attorney Brandenburg stated he had not been aware there were more appraisers in the area, and he would be glad to contact them. Discussion ensued on the properties or combination of properties the committee recommended, and Chairman Bird stated that the committee's first preference would probably be Golden Sands because of the price, the location, and the additional donation. Beyond that point he did not know where they felt the most strongly. As to the option of purchasing property in toto with local funds rather than submitting it under the Save Our Coast Program, the Chairman reported that he has received a 10 ® s � reasonable assurance from various state officials that if the County were to go ahead and acquire properties on its own, they could be used as a credit in the Save Our Coast Program. This, of course, entails a risk of some degree, but it has worked successfully in other areas such as Martin County. Commissioner Lyons stated that with the background of what has happened in other counties, he felt much more comfortable about the situation. The Board then proceeded to discuss in detail which properties or combinations or properties would be most desirable to acquire and whether or not we should hold some of the funds in reserve. It was generally felt that the Stanny property, which would double our frontage at Round Island_Park, was an obvious choice. Debate followed as to the relative merits of the Golden Sands, Erdo, and Bell Road properties, and whether it might be possible to buy them all after further negotiations. The key question was whether we want to spend all of the five million. Al MacAdam of the Beach Acquisition Committee expressed great concern as to what action the state may or may not take on the Nutt property, which is so desperately needed to enlarge Wabasso Beach Park, and was afraid if the Board proceeded with the design to purchase to the limit of the bond issue, there would be nothing left to fall back on with the Nutt property. He .felt this is dangerous. Mr. MacAdam also stated that while he agreed it is always desirable to add to an existing park, he felt the Board should look very hard at acquiring the Stanny property by Round Island Park as we do not absolutely have to have it. Chairman Bird reported that he has talked to Mr. Nutt and has indicated to him that if things don't work out under the Save Our Coast Program to buy his property in toto, we would very much like to work out buying at least part of his property. The Chairman also felt that we do need to hold some funds in reserve. 11 '. • J1G .5 ; F>4{ z61 MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, to adopt Resolution 83-39, authorizing the condemnation, negotiation, or acqui- sition by donation or purchase of the properties described in the legal descriptions attached; staff to come back to the Commission with appraisals and purchase agreements. Commissioner Bowman commented that the Stanny parcel is the only parcel we are considering that provides access to the river, and Chairman Bird noted that would depend on what we paid for it. Attorney Brandenburg suggested that the Commission limit the list of properties to be attached to the Resolution to those discussed today and also include the Howell and Chapman property. Some discussion ensued with Mr. Schlitt re the Howell and Chapman property, and Mr. Schlitt felt they were very firm on their 3 million price. Chairman Bird suggested the possibility of initiating activity on that property under the Save Our Coast Program, and Mr. Schlitt felt the Commission would be wise to have some flexibility in that -program. He certainly favored the purchase of the Nutt property, but it seems the county is limiting itself under that program to one piece and he felt they should have an alternative. Chairman Bird asked -the Attorney what exactly the Resolution empowers him to do, and he stated that it would empower him to negotiate actual sales and purchase agreement on these properties to bring to the Commission and also to employ an appraiser. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 12 RESOLUTION NO. 83- 39 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA DECLARING THE ACQUISITION OF CERTAIN PARCELS OF PROPERTY ALONG THE ATLANTIC OCEAN LYING IN INDIAN RIVER COUNTY FOR PARK AND RECREATIONAL PURPOSES TQ BE A PUBLIC NECESSITY AND AUTHORIZING THE EMPLOYMENT OF APPRAISERS, NEGOTIATION FOR ACQUISITION, AND THE FILING OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the Board of County Commissioners of Indian River County has conducted a study of the park and recreational needs of the residents of Indian River County, present and future, and WHEREAS, the study addresses the amount of oceanfront property necessary to meet current needs and future -needs, and WHEREAS, the study indicated that the County needs to acquire approximately one-half (1/2) mile of additional beachfront property to meet current park and recreational goals, and WHEREAS, Indian River County is situated along the Treasure Coast of Florida which has been experiencing a dramatic increase in population and attendant development during the last several years, and WHEREAS, the County Commission has proposed and the voters of the County have approved a referendum calling for the sale of $5,000,000 of general obligation bonds to be used for the the acquisition of oceanfront property to meet the County's current needs, and WHEREAS, the County Commission established a sub -- committee of volunteers to assess the property available for pur- chase and the sub -committee has recommended that the County pro- ceed with the acquisition of oceanfront lands, and WHEREAS, historically land suitable for use for recre- ational purposes is also the land with the highest potential for development, and WHEREAS, oceanfront property will continue to escalate in value and be consumed by development; therefore, it is neces- sary and essential and in the public's best interest to acquire needed oceanfront property now for the current and future use of the citizens of Indian River County. -1-� MCK 4 PAG€ `5 MAY 2 6 1933 L mAy 2,6 1983 Q ui 53 Baur NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, sitting in special session this 26th day of May , 1983, that: 1. The foregoing recitals are hereby adopted and rati- fied. 2. The County -Attorney is authorized and directed to employ expert real estate appraisers for the purpose of securing appraisals of the value of the property described in Exhibit "A," attached hereto, for the purposes of acquiring said needed real property. 3. The County Attorney is hereby authorized and directed to proceed to take the necessary steps for Indian River County to acquire in its own name by donation, purchase or eminent domain proceedings, the real property described in Exhibit "A" and to have prepared in the name of Indian River County all papers, pleadings and other instruments required for those purposes and to follow through and see that all eminent domain proceedings are prosecuted to judgment. 4. The County Attorney and County Administrator are hereby authorized and directed to take such further action as is reasonably required to fully accomplish the purposes set forth herein. 5. The property acquired pursuant to this resolution shall be used for the public purpose of providing oceanfront access for the park and recreational needs of the citizens of Indian River County. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 26th day of May I, 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By RICHARD N. BIRD Chairman At• ,O%S is /\ 1 ' I AWRIGHT, er 9 ,\ AP. PROVED S�/ O P, 4D LEG OF CY ,+By'' RANDENB G_ o4,n • ' Attorney MAY 2 6 1983 5 P EXHIBIT "A" BELL ROAD PROPERTY Part of Government Lot 6, Lying East of Highway AlA more particularly described as follows: Commencing at intersection of Eastern boundary line of right-of-way of Highway AlA and Northern boundary line of Government Lot 6 for Point of Beginning; thence run Easterly along North boundary line of Government Lot 6, 583.95 feet more or less to mean high water line of Atlantic Ocean; thence run Southeasterly along mean high water line 1,000 feet to a point; thence run Westerly and parallel to Northern boundary to East boundary line of right-of-way of Highway AlA; thence run Northwesterly along East boundary of right-of-way of AlA to point of beginning. ERDO PROPERTY A parcel of land being a portion of Government Lot 6, Section 10, Township 31 South, Range 39 East, described as; All of Government Lot 6, Section 10, Township 31 South, Range 39 East lying East of the East right-of-way line of State Road A -1-A less a parcel described as; Commencing at intersection of Eastern boundary line of right-of-way of Highway A -1-A and Northern boundary line of Government Lot 6 for Point of Beginning; thence run Easterly along North boundary line of Government Lot 6, 583.95 feet more or less to mean high water line of Atlantic Ocean; thence run Southeasterly along mean high water line 1,000 feet to a point; thence run Westerly and parallel to Northern boundary to East boundary line of right-of-way of Highway A -1-A; thence run Northwesterly along East boundary of right-of-way of A -1-A to Point of Beginning. All of Government Lot 6, Section 10, Township 31.South, Range 39 East, lying West of the West right-of-way of State Road A -1-A less the North 608.0 feet of said government lot more particularly described in Paragraph 4 hereof. A parcel of land being a portion of Government Lot 6, Section 10, Township 31 South, Range 39 East described as; Beginning at the intersection of the Northern boundary of Government Lot 6 and the West right-of-way line of State Road A -1-A thence Southeasterly 679.38 feet along the right-of-way line of State Road A -1-A; thence West 439.57 feet to the intersection of the Western boundary of Government Lot 6, thence North along the Western boundary of Government Lot 6, 608.0 feet to the Northwest corner of Government Lot 6; thence East 133.54 feet to the Point of Beginning. GOLDEN SANDS PROPERTY A parcel of land being a portion of Government Lot 2 Section 14, Township 31 South, Range 39 East, Indian River County, Florida described as follows; All of Government Lot 2, Section 14, Township 31 South, Range 39 East, less the North 600 feet, lying East of the East right-of-way line of State Road A -1-A. A parcel of land being a portion of Government Lot 2, Section 14, Township 31 South, Range 39 East, Indian River County, Florida described as follows; all that portion of Government Lot 2, Township 31 South, Range 39 East lying West of the West right-of-way of State Road A -1-A and East of a line 17 feet East of and parallel to the West line of said Government Lot 2 less however the South 4 acres thereof, together with that portion of Government Lot 1 lying West of the West right-of-way line of State Road A -1-A. A parcel of Township 31 described as 14, Township right-of-way East of and 2. land being a portion of Government Lot -2, Section 14, South, Range 39 East, Indian River County, Florida follows; the South 4 acres of Government 2, Section 31 South, Range 39 East lying West of the West line of State Road A -1-A and East of a line 17 feet parallel to the West line of said Government Lot HOWELL & CHAPMAN ,PROPERTY A parcel of land in Section 10, Township 31 South, Range 39 East described as Government Lot 5 less a parcel of land described as from a point of beginning at the Northeast corner of Government Lot 4, 10-31-39, which said point of beginning lies on the West boundary line of Government Lot 5, Section 10-31-39, run South along West boundary line of Goverment Lot 5, a distance of 100.0 feet; thence run East, parallel to the North boundary line of said Government Lot 4, to the mean high water line of the Atlantic Ocean; thence run Northwesterly along the mean high water line of the Atlantic Ocean to its intersection -with the West boundary line of said Government Lot 5; thence run South, along the West boundary line of said Government Lot 5, to the point of beginning and all of Government Lot 4 lying East of the East right-of-way line of State Road A -1-A, Section 10, Township 31 South, Range 39 East, less and except the North 100.00 feet thereof, said land lying and being in Indian River County. STANNY PROPERTY That portion of Lots 12 and 13 in Kansas City Colony, Part of Government Lot 3, Section 34, Township 33 South, Range 40 East lying East of the East right-of-way line of State Road A -1-A. -2- � MAY 2 �� aaa� pAu � 6 �3 MAY 26 1983 0 ' . Chairman Bird thanked the Beach Acquisition sub -committee members - Darrell Fennell, Robert Kohler, Harry Offutt and Al MacAdam, for their excellent jobs. He asked if the Commission wished them to submit additional parcels to be considered under the Save Our Coast Program. He believed we have taken a big step forward today and that we are in a stronger position to submit extra parcels. Commissioner Wodtke felt when the property is put under this Program it pretty well takes it out of the realm of local purchase, but Commissioner Lyons felt we have to keep on moving. Chairman Bird reported that the two appraisals ordered by the State on the Nutt property have been completed and are being reviewed. After review they will be presented to the Governor and Cabinet and it is hoped this can happen at the June 21st meeting. A gentleman from the audience spoke to the Board re the parcel listed as Number Eleven Corporation Property and stated that prior to anything being submitted to the state, he would like to say the price stands as it was originally and any negotiations since our withdrawn. If this property were submitted under the -state program, it would be at a price of $1,200,000 for the 5641. Attorney Brandenburg asked if the negotiated price would still be available to the County and was assured that it would be until notified differently in writing. Chairman Bird thanked Mr. Challacombe and the Planning staff and Attorney Brandenburg for their work in assisting the Beach Acquisition Committee. ADDITION RE GOING TO FHA RE SETTING ASIDE SOME BOND COVENANTS AS OUTLINED IN THE RATE STUDY Administrator Wright requested that the above be added to the agenda. 17 r ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously added the emergency item as requested by the Administrator. Administrator Wright stated that as the Board is aware, the rate study is predicated on two things - on existing bond covenants and then a reduction in the 20% annual debt service payment cushion fund and reduction of the capital replacement contribution fund. We want FHA to consider these items as outlined on page 12 of the rate study. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Administrator to approach the FHA in regard to setting aside some bond cove- nants as outlined in the rate study. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 3:10 o'clock P.M. ATTEST: Clerk Chairman 18 5