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HomeMy WebLinkAbout1958-003unanimously carried, said resolution was adopted. R E S O L U T I O N - Bulkhead Line A RESOLUTION LOCATING AND FIXING BULKHEAD LINE OFF SHORE FROM ANY EXISTING LANDS BORDERING ON AND BIND IN THE NAVIGABLE WATERS OF U INDIAN RIVER COUNTY, FLORIDA: PROHIBITING ANY FILL OR EXTENSION !6'"`^' OF LAND BEYOND SAID BULKHEAD LINE: REQUIRING APPLICATIONS FOR PERMISSION AND APPROVAL FRIM PROPER AUTHORITIES BEFORE ANY FILLING OR DREDGING MAY BE MADE IN SUCH WATERS AND OTHERWISE t REGULATING THE FILLING, DREDGING, DEVELOPMENT AND USE OF THE U LANDS COVERED BY SAID WATERS. W 0 BE IT,.RESOLVED by the Board of County Commissioners of Indian River County, Florida; SECTION 1 That the Board of County Commissioners of Indian River County, Florida, does herewith find and determine that the coastal and intracoastal tidal waters in the navigable waters of the State of Florida and the lands underlying the same are vested in the State of Florida toibe used and enjoyed by the people in a manner consistent with the public interest and that the promiscuous and unregulated dredging and filling in these waters and upon these submerged lands is in contravention of the orderly and systematic development necessitated by observance of the inaldenable public interest and that any dredging and filling activity can, unless conducted with the benefit of thorough investigation and planning, produce consequences injurious to public and private property and detrimental to the resources of the sovereign waters and submerged bottoms and that the Legislature of the State of Florida, by Chapter 57- 362, Laws of Florida, charged the Board of County Commissioners of Indian River County, Floridi with the initial responsibility of fixing the alignment of bulkhead lines within Indian River County, Florida, beyond which there will be no filling and within which filling may be done only with proper formal approval and that this Board has given due and careful consideration tc all of the factors involved with a view of protection of the public interest after public hear) of which at least thirty days prior notice has been given by publication of a notice of such public hearing for three consecutive weeks in a newspaper having general circulation in and published in Indian River County, Florida, giving public notice of a public hearing pertaining to the matters herein recited and that said public hearing has been held at the time and place stated in said notice at which all arguatents for and against the same were heard and consideree and that all of the provisions of the laws of the State of Florida have been fully and com- pletely complied with. SECTION 2 A bulkhead line is herewith established in the coastal and intracoastal tidal waters in the navigable waters lying within and off shore from any existing lands bordering thereon in the County of Indian River, said bulkhead line being more particularly identified, set forth and located on a drawing hereto attached, marked "Exhibit A" and as such made a part hereof, and this Resolution, together with said drawing, -shall be recorded in the public records of Indian Rivee County, Florida, in the Book of Plata of said County. Said bulkhead line as herewith located and fixed in so far as the same pertains to that part thereof -lying within the territorial limits of each of the City of Sebastian, Town of Indian River Shores and City of Vero Beach located in said County has been heretofore fixed and located by each •. 9 0 � I 1. 0 11 0 257 of said municipalities respectively and such bulkhead line is herewith accepted and adopted by this Board as its bulkhead line within the territorial area of each of such municipalities. Said bulkhead line is shown upon the attached "Exhibit A" Which consists of sheets 1 through 4, inclusive, of United States Department of Commerce Coast and Geodetic Survey Map. The line is the inked line superimposed on said map. For the purpose of clarification, the follow-` ing definition and explanations are made a part, to -wit: The shore line is defined as being the law sand escarpment upon which the ordinary tides fluctuate usually being at or near the vegetation line. When tides are referred to they mean the United States Coast and Geodetic Data as further established by tide gauge data of the. Corps of Engineers of the United States Army. The shore line is ordinarily the means high water mark of the regular and ordinary tides. Shore indentations may be'straightened out by following cords in a straight line from the outermost point to the outermost point provided the cord does not have a link of more than 300 feet and provided that this rule will not per- mit the blocking or interfering with channels or the free flow of waters. The area consisting of the east side of the Indian River from.the Sebastian Inlet to the north county line, the bulkhead line is the line 25 feet west from the shore line. The area on the east side of the Indian River from the north county line to the Wabasso Bridge, the existing shore line is the bulkhead line except beginning in the area of the big Slough and North Hole and South Hole near the North County line, the bulkhead line goes South across the North Hole and South Hole following a line 1320 feet West and parallel to the East line of Section 4, Township 31 South, Range 39 East, continuing to the South shore of the Big Slough and then following the shore line, provided, however, there shall be two 150 foot wide channels left open which said channels are described as follows: In Government Lot 1, of Section 4, 31/39 the following description is the ¢ of a required 150' wide canal: Point of beginning is 500* west of the N.E. corner of Section 4 along North line of Section 4, thence due South 612.34, thence due west and being 551.17' north of south line of Government Lot 1, section 4 and for a distance of 895', thence due south and a distance of 476.17' being 1395' east of east line of Section 4, thence due West as further described in property deed of W. L. Graham, Jr. and Non Fitler Graham, his wife, Deed Book 109, page 164. Further in Government Lots 2 and 3 of Section 4, 31/39 the ¢ of a 150' canal is described as follows: Point of beginning is 606.08' west of the S.E. corner of Government Lot 3, Section 4 on the South line of Government Lot 3 Section 4; • thence on a bearing of N. 45 degrees West a distance of approximately 990' to point on the bearing above described to•line 1395' parallel to go west df the east line of Section 4. .Then due North to a point 75' West of N.W. corner of Government Lot 3 and 75' North of N.W. corner of Government Lot 3, which is the point that the canal turns West as described above in Government Lot 1. On all islands in the Indian River the bulkhead line shall be the existing shoreline. On the East shore of the Indian River from the Wabasso Bridge South to the Town of Indian River Shores the bulkhead line will follow the existing shoreline. The area on the West side of the river from the North City limits of the City of to the mouth of the Sebastian River, the bulkhead line is established as 250 feet of the center line of the existing U.S. #1 Highway. ►"258 II On the South side of Sebastian River the bulkhead line is established as 50 feet from the shoreline from the mouth of the Sebastian River West to the railroad bridge and from the railroad bridge West to the tide water line the bulkhead line will be the existing II 40 shoreline. On the West side of the Indian River from the South City limits of the City of Sebastian to the Wabasso Bridge the bulkhead line will follow the existing shoreline. From the Wabasso Bridge on the West shore of the Indian River to the North limits ofI ' i the City of Vero Beach, follow the existing shoreline, however, �n the area North of the i Winter Beach Bridge side and Hole in the Wall Island, jetties for protection of boat channels �I may extend not more than 25 feet from the shoreline. From the South City limits of the City of Vero Beach on the East shore of the ! Indian River to Hells Pocket the bulkhead line is the existing shoreline. The. -off -lying islands, the bulkhead line is the existing shoreline. From Hells Pocket on the East shore of the Indian River South to the South County line the bulkhead line is 25 feet from the shoreline; provided that in Porpoise Bay the bulkhead line is established at being the existing shoreline. Provided further that where the existing shoreline is within 160 feet of the North line of the South 660 feet of Government Lots 3 & 4S Section 21, Township 33, Range,40, then in that event the bulkhead line may extend out into the water of Porpoise Bay for a distance of 160 feet from said North line. Provided further that this extension shall not extend Westward beyond the inter- section of the shore and said North line. Provided further that where the shoreline is within 160 feet of the South line of said Government Lots 3 & 4 then the bulkhead line may extend out into Porpoise Bay to a point not more than 160 feet North of said South line and provided the same shall not extend West beyond the intersection with the South line and the shore. Also provided that in St. Christopher Harbor and St. Christopher Island the shoreline is established as the bulkhead line. Further provided from the North end of Round Island to'the South County line the shoreline will be the bulkhead line. From the South City limits of Vero Beach on the West shore of the Indian River follow the shoreline to the North line of the Oslo Road and from the North line of the Oslo Road take a bearing of South 300 East and continue on that bearing to a point which is 200 ii feet from the existing shoreline, then following the existing shoreline a distance of 200 feet; I East and continue southward to the South County line. SECTION 3 From and after the effective date of this Resolution, no fill or filling or other i creation or extension of lands.shall be made or maintained outward into the tidal waters of I said County beyond said bulkhead line and no filling or dredging or similar activity shall be made on the landward side of said bulkhead line without formal written approval from this Board where said lands are located outside the limits of any municipality or from the govern- ing body of any municipality where the lands are located within the territorial limits of any municipality, which said approval shall be further subjeCt to the formal approval of the Trustees of the Internal Improvement Fund of the State of Florida. 11 0 11 40 lJ 0 0 .• SECTION 4 Any person desiring to construct islands or to add to•or extend existing lands within the landward side of the above described bulkhead line by any means shall make application to this Board in the event said lands lie outside the territorial limits of any municipality or shall make application to the governing body of.the municipality in the event said lands lie within the territorial limits of any municipality for permission to do so. Such written application shall be accompanied by a plan or drawing showing the proposed construction and shall also show the area from which any fill material is to be dredged, if any. In the event such application be found by this Board or the governing body of the municipality, as the case may be, not to be violative any any statute, zoning law, ordinance, resolution or other re- striction which may be applicable thereto and found that no harmful obstruction to or alter- ation of the natural flow of adjacent navigable waters will be created from the proposed con- struction and be•found that no harmful or increased erosion, shoaling of channels or stagnate areas of water will be created and that no material injury will result therefrom.;, then the same shall be granted to the applicant, subject, however, to the formal approval of the Truste of the Internal Improvement Fund of the State of Florida and the United States Army Corps oft Engineers. SECTION 5 All permits issued under Section 4 hereof shall be valid for a period of two years from the date thereof and shall be automatically revoked if the proposed work is not completed within such time except for good cause shown and extension granted. Such permit shall be subject to revocation for non-compliance or a violation of the terms thereof. SECTION 6 Nothing contained in Section 4 hereof shall be construed as authorizing the extension of land or placing of any fill on the channel or outwa rd or open water side of the bulkhead line described herein nor beyond any bulkhead line now or hereafter established. SECTION 7 If any sentence, phrase, section or other portion of this Resolution be held invalid, such finding shall not affect the validity of the remaining portions of this Resolution. SECTION 8 This Resolution shall be in full force and effect immediately. There being no further business, upon Motion,made, seconded and carried, the Board then adjourned. ATTEST:/—��./ /1f_ s� SECRETARY �' ` �-