HomeMy WebLinkAbout1963-029attend the Civil Defense School in Ashville, north Carolina, May 26
through 2$, .for an expense not to exceed $50.00 to be: paid from the
Civil. Defense budget.
MotLoo wis wade by Cor.wtissi+ m!r Macdc.mzal3, seconded d lay
Ccnmissioner McCullers and un n tnously carried, ti,at tl„� "o.i:eaoing
Resolution be adopted and as certified copy be :sent to ;Sen<ltor Barber
a.ad Repro,+eaL,�tive Karat.
RE SO,L1,T ION
BE IT RESOLVED by tha Board of County Couunissioners of Indian
River County. Florida, that it requests they Legislators of Indian itiver
County, Florida, to submit to alae Legislatuce oC the SLeaw of Florida,
a bill waking it ual«awful for any pejsoa, porsons, firm or corporation
Lo place, set, fish Or cause to be fished, with cony net or nets in thaa
Sebastian River or any of its tributaries, or t.o possess any nets or net.
in or upon the Sebastian diver or any of its tributaries, west of a
Point sixteen htzneire.d (1600) fect west. of Mae F lc,rida East Coast Railway
Bridge, except: that, it shall be pemissable to use a com-son cost net for
the purpose of catching salt water fish.
Motion was made. by Caraxnf,ssiacaer Waddell, seconded by Cot,aztaissi_oner
MCCullers and unaaai,mousl.y Carrled, that the following Resolutioar be adonced,_
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R LF S 0 I, U1 IDN
WHEREAS, The Board of County CoMissioners of Tndlan Enver Country,
Florida, are rebuilding the Roseland Road; and
e3HEREAS, The Board of County Coumzissioners have requested the
Property owners along, this road to convey right of way to tine. County; and
WHEREAS, Donald Macdonald and Mildred B. Macdonald, his wife con-
veyed za 40 foot right of way Lo Indican River County, which has been recorded
in Official. Record hook 156, Paige 740, public records Of Indian River County,
Florida,.. in accordance with agreement letter dated October 5, 1962, whi:cli
agreement letter required the Board of County Cormii,ssioners to remove the
front of his building and remodel the .front of his bcazJdtng„ and
WHEREAS, A subsequent deed defined a centerline 1.83 feet South
of the above c(escribed deed, the'adjustm mt was recommended in lieu'of
this alignment condition and committment to replace the front of a building;
and
WHEREAS, Donald Macdonald and Mildred B. Macdonald, his wife have
agreed to cancel their previous agreement dated October 5, 1962, upon.the
return'to them of 1.83 feet of the property heretofore of right of way of
Roseland Road and agreed to convey to Indian River County the right of
way of Roseland Road required by Indian River County, without compensp'tion
of any kind other than the return of 1.83 feet of their property presently
lying within the right of way on this date:
NOW, THEREFORE, be it resolved by the Board of County Commis=
sioners of Indian River County, Florida, that the Chairman and the Clerk
are hereby authorized to execute a deed to Donald Macdonald and Mildred B.
Macdonald, his wife returning to them all of the right of way contained
within that certain deed recorded in Official Record Book 156, Page 740,
public records of Indian River County, Florida, in exchange for the cancel-
lation of the agreement between the Board of County Commissioners and
Donald Macdonald to remodel his store front as set forth in agreement letter
dated October 5, 1962, and further in exchange for Donald Macdonald and
Mildred B. Macdonald, his wife executing a revised right of way deed without
any renumeration of any kind other than as set forth in this resolution.
Motion was made by Commissioner McCullers, seconded by Commissioner
MaddoaAl&and unanimously carried, that John Sutherland and Commissioner
Waddell are authorized to attend a Regional Council meeting in Ovieda, May
8, 1963.
Motion was made by Commissioner Macdonald, seconded by Commissioner
Waddell and unanimously carried, that the following easement be given and
the Chairman and the Clerk be authorized to execute the easement.
,,oa 8 iA6E263
j•hP Alorw a (Modified)
'1 PpPf1liJAL 1II0HT-Ol-1g1Y MNNMlIOfR 8 1i6E26J
"as RUMMiT, made this J&L day of A.D.
1%3, between TM 20ARD OF OOfMIBSIO M Or INDIAN RIVU OO!>wPl,
PLOAIDA, party of the first part, and IM DOM Or CCOWSSIONM
OI TRZ FLOUDA INLAND NAVIGATION DISTRICT, a public body corporate)
'j
under Chapter 12026, Laws of Florida, Acts of 1927. Chapter 14723,1
Laws of Florida, Acts of 1931, and laws amendatory and supplsmenta;
i
thereto, whose address is Room 412, Pan -A Building, West Pals
beach, Florida, as party of the second part, WITURSSWM that
i
WHBRENS, in the River and Harbor Act of Congress, approved
March 2, 1945, provision was made for improvenrnt of the Intra-
coastal Waterway from Jacksonville, Florida, fa Miami, Florida, in,
accordance with the plane set forth in House Document 740, 79th
Congress, 2nd Session, subject to the condition, among others, tha4
local interests furnish free of cost to the United States all landd,
.easements, rights-of-way and spoil disposal areas needed for new
work and for subsequent maintenance when and as required,and
MHHREAS, the party of the second part is authorized and re4
quired by the above-cited laws of Florida to provide free of cost
.to the United States the rights-of-way and disposal areae for said'
Waterway, and ILII
�I
WHEREAS, the party of the first part is the owner of suffii
cient title in and to the hereinafter described land, and so reprep
cents, to entitle it to convey to the Florida Inland Navigation
District the rights, privileges, and easements herein described,
which are needed in connection with the aforementioned project,
.said land being described in Schedule A, which is made a part hereof,
NOW, THEREFORE, in consideration of the sum of One Dollar
,:01.00), receipt of which is hereby acknowledged, the party of the
first part does hereby convey to the Florida Inland Navigation Via-!'
strict, the perpetual right and easement intermittently, or continu-4
ously, to enter upon and to use any and all of the land described
Schedule A in connection with the construction ani maintenanoe of
said waterway as described in said congressional authorization, an�
any future enlargement and maintenance as say be authorised by
'Congress, for the following purpose:
iTo construct, operate, maintain, repair, replace, and
1 remove pipelines used in connection with the tsans-
mission of dredged materials across said tract of land.
And is consideration of the aforesaid benefits the .parcy
."lot the first part agrees to construct and maintain a rasp suitable '
�to carry vehicular traffic over any dredge pipeliae that only be
,ilaid pursuant to the conditions aesearated is We gract of ease- I
ment and to provide caution signs WA lights and traffic regulatios1
ass may be required -for the safety and eonvesienoe et,
of viwlar
traffic.
TM party of the first part reserves unto itself, its 064t.
04 awiwt all riglte ad pgIvIUgas is "Ad landt WA46
f
' be Wet and wierd witfrat iatesteriwg wits cc a/ri,auq tis
o A10" Ofalae eeema past mew We eseemot.
AS•?. "rte`, � .,
ti� , g"'
The rights and authority herein conferred May �# granted
to the officers, agents, contractors, aaployeea had authorised
representatives of the United states of America as,its interest
in said Intracoastal Waterway may:appear.
It is understood and agreed by and between the parties
hereto that in its discretion the Florida Inland'Savigation Dis-
trict, its agents, contractors and assigns may use the presages,
in whole or in part, for the purposes aforesaid, but is undor no
obligation so to do.
TO HAVE AND TO HOLD the said rights and easement• unto the
party of the second part, the Florida Inland Navigation District,
its successors and assigns, for the purposes aforesaid,.forive'r.
And the said party of the first part, for itself and for its sur
cessore and assigns, does hereby covenant with the party of the
second part that the same premises are free from all enc%xsbrances,�
that it has good right to sell and convey the same as aforesaid;
and that it will warrant and defend the title of the sass to the
said party of the second part against the lraful claims and demando
of all persons; and that the party of the first part will save and,
hold.the Florida'Inland Navigation District and its successors or
assigns free from damages due to such use.
IN WITNESS WHEREOF, said party of the first part has
T.ercunto set hand :a,d seal on the dry and year first above writteni
Executed in presence of: HOARD OF COMMISSIONERS OF
,y INDIAN RIVER COUNTY
Attest:�
�i-.� �
STATE OF FLORIDA
COUNTY OF INDIAN RIR
`IMARY ACKWWL lIFiNT
I HERESY CERTIFY that on this day, before no, an officer
duly authorised in the State and County aforesaid to take acknow
lsdd*ents, personally appeared Robert M. Craves, Chairman and
Douglas Baker, Clerk, respectively of the Board of Cwaty
Cemaissioners of Indian River County, Flot _da, and that they
sisperally acknowledged esecwting the sable in the preseMss of two
pubeeribigg witnesses freely and voluntarily under andwrity dely
wasted in tbw by said Beard and that the seal afflaed tbaretm is
Ibs..tva seal of said Board.
I!I!S>>B my band aad official seal in the Cemty and
it'te:�Ust.aferamaid this tri., dMy of May. 1963. pp
/r n •:�' = �. 100% O !b
s , ,...
boci S rm266
SCIMDULE A
HFA IR -3C i
A tract of land lying in Section 27, Township 31 South, Mange
39 Bast, more particularly described as follows:
Beginning at a point 2218.78 feet South and 1304.6 feet West of
the Northeast corner of Section 27, Township 31 South, Range 39
'; East, said point being on the centerline of that certain County
road right-of-way granted to Indian River County by the State of
Florida by deed filed March 25, 1952 and recorded in Dead Book 72,
at page 177, Public Records of Indian River County, Florida, run
South 21. 47' East, along the Easterly boundary of a pipeline
easement granted to the United States of America by the State of
Florida by Deed #23168 dated August 12, 1962, a distance of 80.95
feet; thence run North 59° 55' 39" Wiest along the South right-of-
way line of said County road a distance of 64.76 feet; thence run
North 21° 47' West on a line parallel to and 40 feet Must of the
aforesaid Easterly bovndpry a distance of 161.91 foot; thence ran
South 59° 55' 39" East along the North right-ofrrwr.y line of said
County road a distance of 64.76 feet; thence run South 21° 47'
East alone Easterly boundary of said pipeline easement a distance
of 8D.96 fest to the point of beginning. Containing 0.15 acres
more or leas.
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