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HomeMy WebLinkAbout2015-026This Instrument Prepared By: Christopher Bass Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 c, /17/A0 IS A TRUE COPY aols , chat, CERTIFICATION ON LAST PI Wt. 1 40 GN,L J.R. SMITH, CLERk BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL BOT FILE NO. 310345813 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Indian River County, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section(s) 13, Township 32 South, Range 39 East, in Indian River, Indian River County, containing 40,846 square feet, more or less, as is more particularly described and shown on Attachment A, dated December 3, 2009. TO HAVE THE USE OF the hereinabove described premises for a period of 5 years from January 25, 2015, the effective date of this lease. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate three public access docks to be used exclusively for temporary mooring of recreational vessels in conjunction with an upland public recreational area on spoil island IR25, without fueling facilities, without a sewage pumpout facility, and without Iiveaboards as defined in paragraph 25 as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection Environmental Resource Permit. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi -family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment A without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. [0229] A TRUE COPY CERTIFICATION ON LAST Mi J.R. SMITH. CLERK 3. SUBMITTING ANNUAL CERIII-IED FINANCIAL RECORDS: Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Flonda Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(31), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of tlus lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor . 6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment A and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the nparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authonzed agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 9. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 10. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: Page 2 of 11 Sovereignty Submerged Lands Lease No. 310345813 A TRUE COPY CERTIFICATION ON LAST PA J.R. SMITH. CLERK Indian River County, Florida 1801 -27th Street Vero Beach, Florida 32960 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. Dunng the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the nght of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessorshall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment A, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authonze removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 10 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. Page 3of11 Sovereignty Submerged Lands Lease No. 310345813 A TRUE COPY CERTIFICATION ON LAST PAGt J.R. SMITH, CLERK 19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment A. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 22. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDMONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior wntten consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USAGE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. Page 4 of 11 Sovereignty Submerged Lands Lease No. 310345813 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH. CLERK 27. SPECIAL LEASE CONDTION(S) A. Mooring between the hours of midnight and 5:00 a.m. is prohibited. Mooring at this facility is temporary and transient in nature. This facility shall be made available to the general public on a first come, first served basis each day when the facility opens. B. During the term of this lease and all subsequent renewal terms, Lessee shall maintain permanent manatee educational signs that provide information on the mannensms of manatees and the potential threat to this endangered species from boat operation and shall be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures. The number. type, and procedure for installation of these signs shall be in accordance with the handout, "Manatee Educational Signs," which can be obtained from the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section, 620 S. Mendian Street- 6A, Tallahassee, Flonda 32399-1600 (phone 850/922-43330). Page 5 of 11 Sovereignty Submerged Lands Lease No. 310345813 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH. CLERK WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) Print/ Type Name of Witness Original Signature PnntlType Name of Witness STATE OF FLORIDA COUNTY OF LEON BY: Cheryl C. McCall, Chief, Bureau of Public Land Adminisliation, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" The foregoing instrument was acknowledged before me this day of 20 by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: Notary Public, State of Flonda DEP Attorney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 6 of 11 Sovereignty Submerged Lands Lease No. 310345813 WITNESSES: tXr.e)// Ori nal Signature Typed/Pri4ted Name of Witness Original signature \ A -J QX�k) Typed/Printed Name of Witness STATE OF Florida COUNTY OF Indian River A TRUE COPY CERTIFICATION ON LAST PAG J.R. SMITH. CLERK Indian River County, Florida By itsoard of County Commissioners (SEAL) Wesley S. Davis Typed/Printed Name of Executing Authority Chairman Title of Executing Authority "LESSEE" The foregoing instrument was acknowledged before me this 17th day of February 2015 by Wesley S. Davis as Chairman, for and on behalf of the Board of County Commissioners of Indian River County, Florida. He is personally known to me or who h produced _ , . ide_• i •tion. My Commission Expires: 1/// iS Signature of No Public 1 Notary Public, State of Florida 6,5-4156 Misty L L. Pursel Commission/Serial No. FF N1111111111, Printed, Typed or Stamped Name a iI L PUgS����i c��M18i/��:•'e % ?Y •�o _ •.., . *� vIv• i D. \�\`♦ /44.9 STAYE W1111111110 _* Attest Jeffrey R. Smith, Clerk of Circuit Court and Comptroller •G..h1M1Sg.., �J�------ APPROVED AS TO AN • LEG L FRC • * '' e•s • oma_, R'{,ER :o. BY WILL1 K. DEDRAAL DEPUTY COUNTY ATTORNEY Page 7 of 11 Sovereignty Submerged Lands Lease No. 310345813 Deputy Clerk CD w AztE3= t -- SITE LOCATION LA1RUDE 2742'07.83" LONGITUDE 80'23'36.29' IR25 BOAT CLUB 'ISLAND :11441;01 11N VED LAN LOCATION MAP RIOMAR QUADRANGLE 1992 moons m® MIR mooumul, POMO= mos) rp W g W o W )U Cr O DEP Central Dist. CERTIFIED TO: 1. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 2. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATION SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE 2./3/0°‘ ICHAEL O'BRIEN P.S.M., C.F.M. DATE FLORIDA REGISTRATION NO. 61 18 INDIAN RIVER COUNTY SURVEYOR NDVW RNER COUNTY ADMINISTRATION BUILDING 1801 27111 STREET VERO BEACH. FL 32960 (772) 567-6000 SOVEREIGNTY LAND LEASE AREA LEGAL DESCRIPTION (PER SURVEY) COMMENCE AT A 4"x4" CONCRETE MONUMENT WITH IRON PIPE MARKING THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 39 EAST, SAID POINT LYING ON A PARCEL OF LAND CLOSE TO THE EASTERN. SHORE OF THE INDIAN RIVER WITHIN THE CITY LIMITS OF INDIAN RIVER SHORES, FLORIDA, AND RUN N43'23'15"W, ACROSS THE INDIAN RIVER, A DISTANCE OF 5,673.61 FEET, MORE OR LESS, TO A POINT ON THE APPROXIMATE MEAN HIGH WATER LINE OF THE SOUTHERLY LIMITS OF SPOIL ISLAND "IR25", SAID POINT BEING THE POINT OF BEGINNING; THENCE FOLLOWING ALONG THE SAID APPROXIMATE MEAN HIGH WATER LINE OF SAID SPOIL ISLAND "IR25", RUN S72'30'38"W, ALONG THE SAID APPROXIMATE MEAN HIGH WATER LINE, A DISTANCE OF 30.28 FEET, MORE OR LESS, TO A POINT; THENCE CONTINUING ALONG SAID APPROXIMATE MEAN HIGH WATER LINE, RUN S87'46'00"W A DISTANCE OF 23.44 FEET, MORE OR LESS TO A POINT; THENCE, LEAVING SAID APPROXIMATE MEAN HIGH WATER LINE, RUN 559'16'02"W A DISTANCE OF 188.72 FEET TO A POINT; THENCE RUN N30'43'58"W A DISTANCE OF 118.99 FEET TO A POINT; THENCE RUN N59' 16'02"E A DISTANCE OF 110.51 FEET, MORE OR LESS, TO A POINT ON THE APPROXIMATE MEAN HIGH WATER LINE OF SPOIL ISLAND "IR25"; THENCE RUN N59'38'03"E, ACROSS SPOIL ISLAND "IR25", A DISTANCE OF 242.13 FEET, MORE OR LESS, TO A POINT ON THE APPROXIMATE MEAN HIGH WATER LINE OF SAID SPOIL ISLAND "IR25", THENCE RUN ALONG THE SAID APPROXIMATE MEAN HIGH WATER LINE OF SPOIL ISLAND "IR25" THE FOLLOWING 4 (FOUR) BEARINGS AND DISTANCES' RUN S10'45'15"E A DISTANCE OF 98.45 FEET, MORE OR. LESS, TO A POINT; THENCE RUN S05'42'13"E A DISTANCE OF 40 95 FEET, MORE OR LESS, TO A POINT; THENCE RUN 546'34'02"W A DISTANCE OF 19.39 FEET, MORE OR LESS, TO A POINT, THENCE RUN 557'05'50"W A DISTANCE OF 44.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 40,845.95 SQUARE FEET, MORE OR LESS, OR 0 94 ACRES. NOW LYING IN INDIAN RIVER COUNTY. SEE SOVEREIGNTY LAND LEASE AREA SKETCH—SHEET 2 OF 4 SEE TABULATIONS—SHEET 3 OF 4 SEE DOCK DETAILS—SHEET 4 OF 4 NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 4 AS CREATED THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION—SURVEY SEC11ON INDIAN RIVER COUNTY TWIN B. ROACH DEPARTMENT OF PUBLIC WORKS MpROVED BY: £NG/N£ERINGDIVISION Al. OBRIEN SECTION 13 TOWNSHIP 32S RANGE 39E SKETCH AND DESCRIPTION OF SOVEREIGNTY LAND LEASE BOAT CLUB ISLAND (SPOIL ISLAND 7R25) DF 4 SHEET 3 1 t 150 0 75 150 300 GRAPHIC SCALE (IN FEET) SOVEREIGNTY LAND LEASE AREA SMOREUNE CONDRION: 1. NATURAL. TIDALLY AFFECTED SAND SM0RE11NE. INCLUDES NATIVE AMD NON-NATIVE VEGETATION. 2. NO MANMADE SHORELINE CONTROL FEATURES OBSERVED ON ENDRE ISLAND. 3. UPLAND SMORELJNE-421.5t LINEAR FEET. SOVEREIGNTY LAND LEASE AREA 0.94± ACRES NOTTS. M/R13XZ411fl NOR171 SEE LEGAL DESCRIPTION—SHEET 1 OF 4 SEE TABULATION—SHEET 3 OF 4 SEE DOCK DETAILS—SHEET 4 OF 4 SPOIL ISLAND IR25 (A.K.A. BOAT CLUB ISLAND) TIITF SOVEREIGNTY LANDS I.R.C. TAX 1.0 PARCEL 32-39-13-00000-3000-00001.0 REMAINDER OF ISLAND NORTH OF THE INDIAN RIVER COUNTY LEASE AREA TO REMAIN UNDER STATE MANAGEMENT P.O.B. SOVEREIGN LAND LEASE 1224519.0400 N 852693.7400E S•1?� 4r�%d �•�••�•i iiia ��.�•�..•.vyw-•••� til, ti�0O❖J:�6' �P:•i:•: •i:•❖i iO4 ❖:•i: i•:Jii •� ter..:%"'.: r.;;.yo •,. i•� �i°� i i•ii ii i ii i\ %i i ii❖••i pis i••• ID pA•cC•Y tee - 24 „ P.O.C. 19,18 4'X4' CONCRETE MONUMENT S.E. CORNER SECTION 13 TOWNSHIP 32 504.1144, RANGE 38 FAS1 1 THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, OR RIGHT-OF-WAYS NOT SHOWN AND MAY 8E FOUND IN THE PUBLIC RECORDS. THE PUBLIC RECORDS. 4 THIS IS NOT A BOUNDARY SURVEY THE SPECIFIC PURPOSE OF THIS SKETCH WAS TO DELINEATE THE AREA OF SPOIL ISLAND IR25 AND LEASE AREAS TO INDIAN RIVER COUNTY 5. GRID COORDINATES AND BEARINGS SHOWN HEREON ARE IN FEET, AND ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, 1990 ADJUSTMENT BEARINGS ARE BASED ON A LINE BETWEEN THE S.E. CORNER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND IRC I1 (A 30" LONG #5 IRON ROD & CAP, "IRC REF PNT". SET ON SPOIL ISLAND IR25). SAID LINE BEARING N43'17'56"W A DISTANCE OF 5689.59' 6. THIS SKETCH AND DESCRIPTION. IS BASED ON THE SURVEY OF SPOIL ISLAND IR25 BY INDIAN RIVER COUNTY. PROJECT #0905, DATED OCTOBER' 29, 2009, .AND REVISED ON NOVEMBER 24. 2009 O�� oil SERWPY CHANE` R4`J 5_- .g1P� OP�.T10Ni C' ER`1N� \N0 25 tR�X1MPSE / LEGEND & ABBREVIATIONS I.D.=IDENTIFICATION I R C.=INDIAN RIVER COUNTY L50=LINE TABLE IDENTIFICATION NUMBER P O.B.=POINT OF BEGINNING P 0 C =POINT OF COMMENCEMENT TIITF=TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND Q =VERTEX NOT COMPLETE WITHOUT ALL SHEETS. 1 THROUGH 4 AS CREATED THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION—SURVEY SECTION NONAN RIVER COUNTY ADMINISTRATION BUILDING 1801 27TH STREET VERO BEACH, FL 32960 (772) 567-8000 /NDMN R/VER COUNTY DEPARTMENT 01: PUBLIC WORKS ENG/NEER/NCDIV/S/ON DRAWN 87' B. ROACH SECTION /3 APPROVED BY. Al. O'BRIEN' TOWNSHIP 325 RANGE 34.E SKETCH AND DESCRIPTION OF SOVEJ?E/GN LAND LEASE BOAT CLUB /S1,1ND (SPO/L ISLAND 7R252 SHEET 2OF SOVEREIGNTY LAND LEASE AREA COORDINATE TABLE Vertex Northing Eosting 1 1224519.04 852693.74 2 1224509.94 852664.86 3 1224509.03 852641.44 4 1224412.58 852479.23 5 1224514.86 852418.42 6 1224571.34 852513.41 7 1224693.74 852722.32 8 1224597.02 852740.69 9 1224556.27 852744 76 10 1224542.94 852730.68 CONTROL TABLE SOVEREIGNTY LAND LEASE AREA LINE TABLE LINE // BEARING DISTANCE L1 S72'30'38"W 30.28' L2 S87'46'00"W 23.44' L3 S59' 16'02"W 188.72' L4 N30'43'58'W 118.99' L5 N59' 16'02''E 110 51" L6 N59'38'03"E 242.13' L7 S10'45'15'E 98.45' L8 SO5'42'13'E 40.95' L9 S46'34'02"W 19.39' L10 S57'05'50"W 44.00' MONUMENT • NORTHING EASTING GPS 163-RIOMAR (1992) 1.219,829.050 860,249.380 C.M (S.E. CORNER SECTION 13) 1,220.395.900 856,591.1 14 I.R C. #1 (#5 IRON ROD/CAP) 1,224,539 710 852,689 180 CERTIFICATION SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE MICHAEL O'BRIEN P.S.M., C.F.M. DATE FLORIDA REGISTRATION NO. 61 18 INDIAN RIVER COUNTY SURVEYOR NDIAN RIVER COUNTY ADMINISTRATION BUILDING 1801 27TH STREET VERO BEACH. FL 32960 (772) 587-8000 SEE LEGAL DESCRIPTION—SHEET 1 OF 4 SEE SOVEREIGNTY LAND LEASE AREA SKETCH—SHEET 2 OF 4 SEE DOCK DETAILS—SHEET 4 OF 4 NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 4 AS CREATED THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION—SURVEY SECTION INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS ENC/NEER/NCDIV/SLON DRAWN BY: B. ROACH SECTION /3 APPROVED BY. M. O'BRIEN TOWNSHIP 32S RANGE 39E SKETCH AND DESCRIPTION OF SOVEREIGNTY LAND LEASE BOAT CLUB ISLAND (SPOIL ISLAND 7R257) a 1 3 1 1 SHEET OF if r 02D ccO O cc LLw LL- 0Z wQ 7c a u_ u) u)0 _ >- I- I- a F_ 0 <0 11- 1- 0 1- 1-0 �w Q w0 0p 2 OQ co j co cc F= -Q Q w J U D: ccw LL w U 6 w 0 p+� • 1ti•'ID DOCK #1 CONDITION 40 0 20 40 80 GRAPHIC SCALE (IN FEET) APP. YGW Tt'NOPT// SPOIL ISLAND IR25 (A.K.A. BOAT CLUB ISLAND) VACANT (UNOCCUPIED -PUBLIC RECREATIONAL USE) SPOIL ISLAND -HEAVY VEGETATION (MIXED-AUSTRAILIAN PINE, MANGROVE, BRAZILIAN PEPPER, AND OTHER SPECIES) WOOD DOCK #3 FAIR CONDITION SOVEREIGNTY LAND LEASE AREA SEE LEGAL DESCRIPTION—SHEET 1 OF 4 SEE SOVEREIGN LAND LEASE AREA SKETCH—SHEET 2 OF 4 SEE TABULATIONS—SHEET 3 OF 4 NOIAN RIVER COUNTY ADMINISTRATION BUILDING 1801 27TH STREET VERO BEACH, FL 32960 (772) 567-8000 4 DOCK DETAILS SOVEREIGN LAND LEASE AREA SHOREUNE CONDmON: 1. NATURAL, TIDALLY AFFFECTED SAND SHORELINE. INCLUDED NATIVE AND NON—NATIVE VEGETATION. 2. NO MANMADE SHOREUNE CONTROL FEATURES OBSERVED ON ENTIRE ISLAND. 3. UPLAND SHOREUNE=421.6± UNEAR FEET. NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 4 AS CREATED THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION—SURVEY SECTION INDIAN RIVER COUNTY DEJNRTMENTOfPUBLIC WORKS ENC/NEERINC D/V/S/ON D X ROACH APPROVEDRAWNBY: BY: Al. O'BRIEN SECTION /3 TOWNSHIP 315 RANGE 395 SKETCH AND DESCRIPTION OF SOVEREIGNTY" LAND LE,ISE BOAT CLUB ISLAND (SPOIL ISLAND %RIS) 3 1 3 SHEET o�