HomeMy WebLinkAbout1990-0121/10/90(WGCORD2)LEGAL(WGC/nhm)
RESOLUTION NO. 90-`Z�
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING PASSAGE OF A GENERAL
LAW AMENDING FLORIDA STATUTE 7.31.
WHEREAS, there is an inconsistency in the
definition of the common boundary between Indian River and
Brevard Counties; and
WHEREAS, F.S. 7.31 uses the term "medial line"
which is subject to confusing and multiple interpretations;
and
WHEREAS, all similar references in F.S. 7.31 and
F.S. 7.05 dealing with a common boundary between Indian
River and Brevard Counties utilizes the language "thread",
meaning the midpoint of the deepest channel in the river,
i.e., that line along which water would flow if the river
were drained to its lowest point;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
the Legislature of the State of Florida amend Florida
Statute 7.31, the legal description of the boundaries of
Indian River County, to delete the inconsistent reference to
"medial line" and replace it with a reference to "thread"
by means of passage of the General Law attached as Exhibit
"A" hereto.
The foregoing resolution was moved by Commissioner
and seconded by Commissioner
and upon being put to a vote, the vote was
as follows:
Chairman Carolyn K. Eggert
Vice Chairman Richard N. Bird
Commissioner Margaret C. Bowman
Commissioner Don C. Scurlock, Jr.
Commissioner Gary C. Wheeler
0
S
aka
RESOLUTION NO. 90-_/-2-
The
0-/-2-
The Chairman thereupon declared the resolution
duly passed and adopted this 16th day of January, 1990.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
ATTEST: y�rpirp
............
••. �j,;
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
WILLIA(kA G. COLLINS II
ASST. COUNTY ATTORNEY
.0-1
r
2
By ��MrRma
Eggn
AN ACT relating to and clarifying the common boundary
between Indian River County and Brevard County in the
vicinity of the St. Sebastian River; amending Section
7.31 F.S.; providing for consistent definition with the
common boundary line between Indian River County and
Brevard County in the vicinity of the St. Sebastian
River as defined in Section 7.05 F.S.; providing an
effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
FLORIDA:
Section 1. Section 7.31, Florida Statutes, is amended
to read:
7.31. Indian River Count�. - The boundary lines of Indian
River County ale -as -�'oi�lows: Beginning at the northwest
corner of township thirty-one south, of range thirty-five
east; thence east on the line dividing the townships thirty
and thirty-one south, to the point where said line
Intersects the 0601411 AAhk thread of the south fork of the
St. Sebastian River; thence nFFtheriy down the thread of
said stream to the main stream of the St. Sebastian River;
thence down the thread of the St. Sebastian River to its
confluence with the Indian River; thence east to the
Intersection with the southwesterly extension of the
centerline of the approach channel to the Sebastian Inlet
from the Indian River; thence northeasterly along said
centerline and continue northeasterly and easterly along the
centerline of the Sebastian Inlet to the Atlantic Ocean;
thence southward along the Atlantic coast, including the
waters of the Atlantic Ocean within the jurisdiction of the
State of Florida to the township line between townships
thirty-three and thirty-four south; thence west on said
township line to range line dividing ranges thirty-five and
thirty-six east; thence north between ranges thirty-five and
thirty-six east to the northeast corner of section one,
township thirty-three south, range thirty-five east; thence
west on township line dividing townships thirty-two and
thirty-three south, range thirty-five east to the range line
dividing ranges thirty-four and thirty-five east; thence
north on said range line to the northwest corner of township
thirty-one south, range thirty-five east, being the place of
beginning.
Section 2. This act shall take effect July 1, 1990, or
upon becoming a law, whichever occurs later.
EXHIBIT_:A ]
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i
Ch. 7
TA13LF Ar
__ COUNTY BOUNDARIES F.S. 1987
15111510ry. a I cn 116 IMA its a G5 1, •. ; rn 69.%51-315 1165 IJ CGL
7.31 Indian River County.—The boundary Imes of In-
dian River County are as follows Beginning at the north-
west corner of township Thirty-one south, of range thir-
ty -live east: thence east on the line dividing the town-
ships thirty and thirly-one south, to the point where said
line intersects Ili me�rad I Itn�e,:of the south fork of he St.
Sebastian River; 1 enh ce northerly down the thread of
said stream to the main stream of the St. Sebastian Riv-
er: thence down til rea of the SI. Sebastian River to
its confluence with the Indian River; thence east to the
intersection with the southwesterly extension of the cen-
terline of the approach channel to the Sebastian Inlet
from the Indian River; thence northeasterly along said
centerline and continue northeasterly and easterly along
the centerline of the Sebastian Inlet to the Atlantic
Ocean; thence southward along the Atlantic coast, in-
cluding the waters of the Atlantic Ocean within the juris-
diction of the Slate of Florida to the township line be.
tween townships thirty-three and thirty-four south;
thence west on said township line to range line dividing
ranges Ihuly-five and thirty-six east; thence north be-
tween ranges thirty-five and thirty-six east to the north-
east corner of section one, township thirty-three south.
range thirly-five east, thence west on township line di-
viding townships thirty -Iwo and thirty-three south,
range thirty-five east to the range line dividing ranges
thirty -lour and Ihrly-five east. Thence north on said
range line to the northwest corner of township [hrty-one
south. range thirly-five east, being the place of begin-
ning
NblOry.-s I - M' :9 1925 CGL ••t t 2 - 59-6
7.32 Jackson County.—The boundary Imes of Jack-
son County are as follows Beginning at the point where
the state line between The Stale of Florida and the Slate
of Alabama crosses Holmes Creek. Thence southerly
down Inc. thread of said creek to the section line In The
middle of Iov.nship live north range fourteen wrest.
thence eayl on the section Irne to the northeast corner
of section Isenty-four, township rive north. range thir-
teen west. mence south on range line between ranges
twelve and thirteen west. to the township line between
lownships four arid live north thence east on said town-
ship line to the middle of range hvelve west. thence
south on the middle of said ranee to the riddle of town-
ship Iwo north, range twelve •.%-est thence east on file
middle of township two north to the thread of the
Chipola fiver thence northerly up the thread of the
Chrpofa River to the northern boundary line of said town-
ship I.vo thence east on the northern boundary line of
township two north to the thread of the Apalachicola
River. Ihc•nce northward up Die thread of ;aid river and
the Chattahoochee River to the Alabama line and
thence we. ;Iv,arrl along tiairl slate line to the place of be-
ginnmq
7.33 Jefferson County. - i hr. boundary lines of Jef-
ferson County are ,is follows Beginning at the point on
the Gull of tdexr-„ %%here file line between ranges Iwo
and three cast strikes said gulf thence north on said hnn
to the base parallel line: thence in a direction northoas!
to the point where the sections lwenty-one-and twen
ty-eight and Iwenly-nine of township one north. range
three east, corner. thence north on the section lune dived
ing sections twenty and twenty-one and other sections
of township one north, range three east, to township line
dividing townships one and two north, range three east
thence east on said township line to the waters of the
Miccosukee. thence up Lake Miccosukee to the south
boundary of township three north, range three east
thence on said township tine to the east line of section
thirty-four in said township three north, range three
east; thence north on the east line of section thirty-four
and other sections in said township and said range to
the boundary line between the States of Georgia and
Florida, thence east along said boundary line to the
northwest corner of lot number one hundred eighty
township three north, range seven east, or the west
boundary of Madison County, thence south to the south•
west corner of said tot number one hundred eighty
thence east on the south boundary of said lot number
one hundred eighty to the northeast corner of section
twenty-seven, township three north, range seven east
thence due south to the southeast corner of section len.
township Iwo north, range seven east. thence due west
to the southwest corner of the said section ten. thence
due south to the southeast corner of section sixteen
township two north, range seven east. [hence due west
to the southwest corner of said section sixteen. thence
due south to the southeast corner of section t.venly
township two north, range seven east. thence due west
to the southwest corner of section nineteen. township
two north. range seven east. thence due south to the
southeast comer of section twenty-five. township two
north. range six east. thence due west to the southwest
corner of section twenty-six, township two north. rango
six east. thence due south Io the southwest corner of
section thirty-five. township hvo north range six east
thence rue west to the thread or the Big Aucilla River
thence southerly along the thread of said river concur
rent with the west boundary of Madison and Taylor
Counties. to the mouth of said Big Aucilla River. thence
westerly through the waters of the Gulf of Mexico. n
chudmg The waters of said gulf within the prisdichon of
the State of Florida. Io the point of beginning
ns;l rs. ,.. •ire _, , ' � ••
7.34 Lafayette County. -- The. boundary tui,•; or La
layette County are as follows Beginning at a poin!
where township line between townships seven and
eight south intersects and crosses the Suwannee River
thence west on said township line to the southeast coy
net of section thirly-one. township seven south range
ten east. thence north on the east lune of Sar(] section
thirly-one and other sections to the southeast corner or
the northeast quarter of section seven township seven
south. range ten east. thence due west to The range line
dividing ranges nine and ten east thence north on said
range Irne, to the, northwest corner of Township three
south. range len cast Thence east on the Inwn%hip her:
dividing townships Iwo and three south to where same
F_5..1987_ _ COUNTY BOUNDAh._6
where range line dividing ranges eleven and twelve•
west, intersects with said gulf; thence north on said
range line to place of beginning.
aiSIDIV — S 1, ens 6505 6506, 6508. 1917. RGS 15 CGL 1 v
7.04 Bradford County.—The county lines of Brad-
ford County are as follows: beginning at a point where
the thread of New River intersects the thread of the San'
ta Fe River, thence northeasterly concurrent with the
east boundary of Union County following the meander-
ings of the said New River to where same is intersected
by the middle township line of township four south,
range twenty-two east; thence east on said middle
township line to the range line between ranges twenty-
two and twenty-three east; thence south on said range
line to the southeast corner of section twelve, township
nine south, range twenty-two east; thence west on the
section line between section twelve and thirteen, town-
ship nine south, range twenty-two east to Santa Fe
Lake. thence northwesterly following the northeast
shore of Santa Fe Lake to its westernmost intersection
with a line which is the prolongation of the north line of
McManus Subdivision as per plat book *A." page 117 of
the public records of Alachua County. thence west
along the north line of said subdivision to its intersection
with the east line of government lot three of section
twenty-one, township eight south, range twenty-two
east; thence north along said east line to the southeast
corner of the southwest quarter of the northwest quarter
of said section twenty-one: thence north along the lines
between the east half and the west half of the northwest
quarter of said section twenty-one to the north line of
said section twenty-one; thence west along the north
line of said section twenty-one to the southeast corner
of section seventeen, township eight south, range twen-
ty-two east; thence west to the southwest corner of the
southeast quarter of the southeast quarter of said sec-
tion seventeen; thence north to the southeast corner of
the southwest quarter of the northeast quarter of said
section seventeen; thence west to the southwest corner
of the east half of the southwest quarter of the northeast
quarter of said section seventeen; thence north to the
northwest corner of the east half of the southwest quar-
te: of the northeast quarter of said section seventeen;
thence west to the southwest corner of the northwest
quarter cl the northeast quarter of said section seven-
teen then -,e north to the half -mile corner on the south
line of section eight, township eight south. range twen
ty-two cast, thence west to the southwest corner of the
east haif of the southeast quarter of the southwest quar-
ter of said section eight: thence north to the northwest
corner of the east half of the northeast quarter of the
northwest quarter of said section eight, thence north to
the northeast corner of the west hall of the southeast
quarter of the southwest quarter of se^tion five, town-
ship eight south• range twenty-two east. thence west
to the northwest corner of the southwest quarter of the
southwest quarter of said section live. thence north
along the west line of said section five to the northeast
corner of the southeast quarter of the northeast quarter
of section six townsttp eight south. range twenty-two
east uu:rn.., west to the southwest corner or the north-
east quarter of the northeast quarter of said section six.
thence north to the northwest corner of the northeast
quarter of the northeast quarter of said section six.
thence west along the north line of said section six to the
northwest corner of said section six; thence north along
the east line of section one, township eight south. range
twenty-one east to the southeast corner of section lhir
ty-six, township seven south, range twenty-one east.
thence north along the east line of said section thirty-six
to the northeast corner of the southeast quarter of the
southeast quarter of said section thirty-six; thence west
to the northwest corner of the southwest quarter of the
southwest quarter of said section thirty-six, thence
north along the west line of said section thirty-six to its
intersection with the thread of the Santa Fe River
thence northerly and westerly along the thread of the
Santa Fe River to its intersection with the east line of the
southwest quarter of the northwest quarter of section
thirty-three, township seven south, range twenty-one
east: thence north to the northeast corner of the south-
west quarter of the northwest quarter of said section
thirty-three; thence west to the northeast corner of the
southeast quarter of the northeast quarter of section
thirty-two, township seven south, range twenty-one
east; thence west to the northwest corner of the south-
west quarter of the northwest quarter of said section
thirty-two; thence west to the southwest corner of the
northeast quarter of the northeast quarter of section thir-
ty-one, township seven south, range twenty-one east,
thence north to the northwest corner of the northeast
quarter of the northeast quarter of said section thirty-
one; thence west to the half -mile corner on the south
fine of section thirty, township seven south, range twen-
ty-one east; thence north on the quarter section line of
said section thirty to its intersection with the thread of
the Santa Fe River; [hence southerly and westerly along
the thread of said Santa Fe River to its intersection with
the south fine of the southwest quarter of the northeast
quarter of section twenty-eight, township seven south,
range twenty east. thence west to the southwest corner
of the northeast quarter of said section twenty-eight.
thence north to the northwest corner of the northeast
quarter of said section twenty-eight, thence west to the
northwest corner of said section twenty-eight, thence
north along the east line of section twenty, township
seven south, range twenty east to the southeast corner
of the northeast quarter of said section twenty, thence
west on the quarter section line of said section twenty
to its intersection with the thread of the Santa Fe River;
thence northerly and westerly along the thread of said
Santa Fe River to the point of beginning
Mnlury.—s I .. -I I"J ; 7 cn &J5 18`18 s 1 cn 1079 1859 s 1 In
11� :q.l ��S in -J II.i 711 :1578 11GS .'0 s 1 In b�14 I'I!1 I;GI
7.05 Brevard County.—The boundary lines of Bre-
vard County are as follows Beginning in the thread of
the St Johns River where the line dividing townships
twenty-one and twenty-two south, intersects said river.
thence east on said township line to the range line divid-
ing ranges thirty-three and thirty-four east. thence
north on said range line to where the same intersects the
line dividing townships nineteen and twenty south;
thence east on said township line to the Atlantic Ocean.
thence southward along the Atlantic coast, including the
Ch. 7
COUNTY BOUNDARIES _ F.S. 1987
waters of the Atlantic Ocean within the jurisdiction of
Florida, to the Intersection with the centerline of the Se-
bastian Inlet produced easlwardly, said hnlel being in
section twenty of township thirty south range thirty-nine
east; thence westerly on said centerline and continuing
southwesterly along the centerline of the approach
channel to said Inlet from the Indian River to a point due
east of the mouth of the St. Sebastian River, thence due
west to the mouth f the SI. Sebastian River; thence
south along th hread I the SI. Sebastian River and the
thread I the south fork of the St Sebastian River to a
point where the fine dividing townships thirty and thirty-
one south Intersects the Ihread�ol said south fork,
thence west on said township line to the line dividing
ranges thirty-four and thirty-five east; thence north on
said range line to the northeast corner of township twen-
ty-five south, range Ihhrty-lour cast and the St. Johns
River; thence northerly following the thread of said river
to the point of beginning
Ht&1ory.- ch 651.1855.$ 2. Ch IYJ6 1874 s I ch 3175.1879 s 1. ch 3768
1887 n5 50 ss 1 19 ch 5167 1905 GS 48 HG s 1•3 s I ch 10148 1925 CGL
55. s I. ch 59 480
7.08 Broward County.—The boundary Innes of Brow-
ard County are as follows: Beginning on the east bound-
ary of the Stale of Florida al a point where the south
boundary of township forty-seven south of range forty-
three east, produced easterly, would Intersect the same,
thence westerly on said township boundary to its inter-
section with the axis or center line of Hillsborough Slate
Drainage Canal, as at present located and constructed.
thence westerly along the center line of said canal to its
intersection with the section line dividing sections Twen-
ty-six and thaly-five of township forty-seven south, of
range forty -ono east. thence ;;eslerly on the said sec
tion line dividing sections lv enly-s1[, thirty-two and olh
er sections to the northwest corner of said section Iha
ty-one of lo:vnshlp lorlr-seven south of range forty-
one, east_ thence south on the range line dividing ranges
forty and forty-one east of township forty-seven south.
to the northeast corner of swion le.enty-live of town
ship forty-se.cn south of range (oily east a distance
of one hundred and six feel, more or less. thence due
west on [tie ncf ih lindanes of the sections numbered
from t+.enFy-L.r• to itmi., inclusive of lovmships forty -
Seven south of ranges thirty-se,en to forty east. Inclu-
Slve. as the same hd�e been surveyed or may hereafter
be surPied t:y the awhord; of the Board of Trustees
of the Internal Imoro,emenl Trust I unci. to the northwest
Corner of Sechnn thirty of lownshn) tort/ -seven south.
of range Ihui; seen east Ihence conlinoinc7 due v.esl
to the range line between ranges Ihnly-lour arid thirty-
five east 1henU: southerly on the range line dividing
ranges thaly-lour and Itw Fr-h.a casi. to the southwest
corner of Irv,n,nip fifty-one south of range thirty live
east. thence east following the sloth line of township fit
ty-one south. across ranges Ihuly-live Ihaly-six. [hit.
ty-seven Ihul•y-eight Ihuly-nine and forty to [tic
southwest corner of township Idly -one south of range
lorty-one cast. thence north on the range line dividing
ranges forty awl forty-one to the norlhwesl corner of
section Ihnty-one of Iovnlshlp tally -one south, of range
forly-one east Ihence east on life north boundary of
section Ihuly-one and other sections to the waters of
the Atlantic Ocean, thence easterly to the eastern
boundary of the Slate of Florida thence northerly along
said eastern boundary to the point of beginning In adds
tion, the boundary lines of Broward County Include Itr.
following Begin at the northwest corner of section Ina
ty-five, township fifty-one south, range forty-two east
Dade County, Florida. thence, southerly following the
west line of section thirty-five. township fifty-one south
range forty-two east to the intersection with a line which
is two hundred and thirty feel south of and parallel to the
north line of section thirty-five, township fifty-one south
range forty -Iwo east. thence. easterly following the line
which is two hundred and thirty feel south of and parallel
to the north line of section thirty-five. township fifty-one
south, range forty-two east, to the intersection with the
west boundary line of the Town of Golden Beach
thence. northerly following the west boundary line of the
Town of Golden Beach to the intersection with the north
line of section Ihuly-five. township fifty-one south.
range forty -Iwo east. thence. westerly following the
north line of section Ihuty-five township fifty-one soutn
range forty-two east to the point of beginning
Hletury.-s I c. 69:14 1915 W17 t -, i6 s$ 2' 15 ch 69 '
78 119
7.07 Calhoun County.—The boundary lines of Cal
houn County are as follows Beginning at a point in the
thread of the Apalachicola River where the northern
boundary of township two north, range seven west.
crosses said river, thence west on said township line to
the thread of the Chipola River. thence southerly dorm
the thread of the stream of the said Chipola River to a
point where a line drawn through the center of township
two north, crosses said river- thence west on said mid
rile township line to the range line between ranges elev
on and twelve west. thence south on said range line
concurrent with the east boundary of Bay County. to the
southwest corner of section nineteen, township three
south. range eleven west. thence east on the south line
of said section nineteen and other sections across
ranges eleven :,est, ten west and a portion of nine +,es•
to where said section line Intersects the thread of the
Apafachlcoea River behveen sections Ivrentl -three awl
tw'enly-six lownship three south range nine pgsl
thence follow the thread of said river to the place of he
ginning
Hw.ry, i .,• v ,s, , .. •-t. ,
7.08 Charlotte County. — The hjundar, iines of
Charlolle. County are as follows Beginning at :he noril,
east corner of township lofty south ranine I..enly-se•.en
east thence south on range Irne dividing range -s ;.vent , -
sever4 did Twenty -eh)hl eastto the. IU.vnshgJ line d1, d
ing townships forly-hvo and lofty -three south, and Lee
County. Ihence west on said township line to the waters
of the Gulf of Mexico. thence northerly and wesleri,
along said Gull of Mexico. including the waters of ,a,ry
gulf within the Iurlsdlcllon of the State of Florida. to the
mtersocllon Iherewdh of the lownship line dividing town
ships forty and fofly-one south thence eat on said
township line to the southeast corner of township tort,
south. range twenty east. thence, north on the range line
TO:
FROM:
DATE:
SUBJECT:
INDIAN RIVER COUNTY, FLORIDA
INTER - OFFICE MEMORANDUM
The Board of County Commissioners
William G. Collins II - Assistant County Attorney
January 10, 1990
Legislative Delegation - County Boundary
Approximately a year ago, Indian River County and Brevard
County officials met to discuss the common boundary between
the counties lying In the St. Sebastian River. Problems had
been identified such as assessment of islands in the river
in both counties to different people. The root of the
problem lies in an inconsistency in Florida Statutes
defining the county boundary. Florida Statute 7.05,
defining the boundary lines of Brevard County, describes in
three places the common boundary in the vicinity of the St.
Sebastian River as "the thread" of the St. Sebastian River.
Florida Statute 7.31, defining the boundary lines of Indian
River County along the St. Sebastian River, describes in two
places the boundary as "the thread" of the St. Sebastian
River, but unlike the description of the Brevard County
boundary substitutes the language "the medial line" in one
place.
All county officials including attorneys, surveyors,
property appraisers, etc. have agreed that the intent is to
utilize "the thread" as the common boundary. The thread of
the river is the midpoint of the deepest channel in the
river, i.e., that line along which water would flow if the
river were drained to its lowest point.
The term "medial line" as used in the definition of the
Indian River County boundary (F.S. 7.31) can be interpreted
as the midpoint between the two banks of the river. Using
this interpretation the county boundary line could bisect
certain islands in the river. Such an interpretation of the
county boundary would be inconsistent with the definition of
the county boundary as set out in defining Brevard County
(F.S. 7.05) and be inconsistent with U.S.G.S, maps of the
county boundary dating back to the 1950 era.
RECOMMENDATION
Adopt the attached resolution which endorses a change to
General Law of Florida, specifically F.S. 7.31 to change the
reference currently in the state statute from "medial line"
to "thread".
WGC/nhm
Attachment