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HomeMy WebLinkAbout1989-0870 M 8/30/89(LECAI._)Res o2(Vk) RESOLUTION NO. 89- 87 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, THROUGH ITS BOARD OF COUNTY COMMISSIONERS, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION 130NDS OR NOTES OF INDIAN RIVER COUNTY, FLORIDA, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,900,000 TO FINANCE THE COST OF PURCHASE OF THE McKEE JUNGLE GARDENS AND CERTAIN NEARBY WETLANDS IN THE COUNTY; CALLING FOR AND PROVIDING FOR A BOND REFERENDUM OF THE QUALIFIED ELECTORS RESIDING IN THE COUNTY TO BE HELD ON NOVEMBER 7, 1989, ON THE QUESTION OF THE ISSUANCE OF SUCH GENERAL OBLIGATION BONDS OR NOTES; AND PROVIDING, FOR CERTAIN MATTERS WITH RESPECT THERETO AND AN EFFECTIVE DATE. 13E IT RESOLVED BY THE BOARD OF COUNTY C(AtI1SSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTIONwl.w—AUTHORITY,FOR—THiS_RESOLUTION This resolution is adopted pursuant to Section 125.01, Florida Statutes, Chapter 100, Florida Statutes, and other applicable provisions of law. SECTION -2. --ISSUANCE OF BONDS Subject and pursuant to the provisions hereof, general obligation bonds or notes (herein "bonds") of the County of Indian River, Florida (herein "County") are authorized to be Issued in one or more series in the aggregate principal amount of not to exceed TWO MILLION NINE HUNDRED THOUSAND DOLLARS to finance the cost of purchase of the McKee Jungle Gardens and certain nearby wetlands in the county, the legal description of which properties are attached hereto as Exhibit "A"; together with other purposes necessary, appurtenant, or Incidental thereto, including all costs of the issuance of the bonds. Such general obligation bonds shall be payable from ad valorem taxes levied without limitation as to rete or amount on all taxable property in the county. None of such bonds shall be issued for a longer term than one year from their (,late of issuance and such bonds shall bear interest at the rate or rates not exceeding the maximum rate permitted by applicable law at the time of the sale of the bonds. 40 RESOLUTION NO. 89 SECTION 3. BOND REFERENDUM A bond referendum of the qualified electors residing in the county Is hereby called to be held on November 7, 1989, to determine whether or not the issuance of general obligations bonds in one or more series in an aggregate principal amount not to exceed TWO MILLION NINE HUNDRED THOUSAND DOLLARS shall be approved by such qualified electors to finance the cost of purchase of the McKee Jungle Gardens and certain nearby wetlands, together with other purposes necessary, appurtenant, or incidental thereto, Including all costs of the issuance of the bonds. All qualified electors residing in the county shall be entitled and permitted to vote in such bond referendum. The places of voting and the inspectors and clerks for the bond referendum shall be the same as those places designated and those persons appointed by the Supervisor of Elections. The polls will be open at the voting places from 7:00 a.m, until 7:00 p.m. on the said day. SECTION 4. OFFICIAL BALLOT County c:iectlon equipment shall be used at such bond referendum and the ballot to be used shall be in substantially the following form: OFFICIAL BALLOT INDIAN RIVER COUNTY, FLORIDA BOND REFERENDUM - NOVEMBER 7, 1989 SHALL INDIAN RIVER COUNTY BE AUTHORIZED TO ISSUE GENERAL OBLIGATION BONDS OR NOTES OF THE COUNTY IN AN AMOUNT NOT EXCEEDING $2,900,000.00 FOR THE PURCHASE OF THE McKEE JUNGLE GARDENS, OF APPROXI- MATELY 19 ACRES, AND 3 NEARBY WETLAND PARCELS, OF APPROXIMATELY 81 ACRES, WITH ANY SUCH BONDS OR NOTES TO BE REPAID FROM AD VALOREM TAXES WITHIN ONE YEAR AT AN INTEREST RATE NOT EXCEEDING THE LEGAL RATE? FOR THE BONDS AGAINST THE BONDS SECTION 5. REFERENDUM PROCEDURE The bond referendum shall be held and conducted in the manner prescribed by general law for holding bond referenda. 2 F� RrSOLUTION NO. 89- 87 SECTION 6. ELECTION RESULTS if a majority of the votes cast at such bond referendum shall be for the Issuance of such bonds, the issuance of such bonds 'shall be approved and then such bonds may be Issued as hereafter provided by the County. SECTION 7. NOTICE OF BOND REFERENDUM This resolution shall be published in full by the Clerk of the Board of County Commissioners as past of the notice of such bond referendum, together with an appropriate map similar to the map attached as Exhibit "B" and with a caption in such form as he shall determine, in a newspaper published in and of general circulation in the county, at least twice --one In the fifth week and once in the third week 'prior to the week in which the bond referendum is to be held, the first publication to be not less than thirty days prior to the date of such bond referendum. SECTION 8. SEVERABILITY In the event that any word, phrase, clause, sentence, or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph hereof. SECTION 9. REPEALING CLAUSE All resolutions in conflict or inconsistent therewith hereby are repealed, insofar as there is conflict or inconsistency. SECTION 10. EFFECTIVE DATE This resolution shall take effect immediately. The foregoing resolution was offered by Commissioner Eggert and the motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice --Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird /lye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye I 0 EXHIBIT it DESCRIP u GLE GARDENS PROPERTY INDIAN RIVER COUNTY, FLORIDA PARCEL I That part of the Northeast one-quarter (N.E.}) of the Southeast one-quarter (S.E.0 of Section 13, Township 33 South, Range 39 East, Indian River County, Florida, lying East of the Florida East Coast Railroad right-of-way and lying North of the South Relief Canal; LESS road right-of-way for U. S. Highway No. 1; Subject to road easements shown on Exhibit "X" to the Declaration of Condominium for Vista Royale Gardens (official Record Hook 618, Page 2169, public records of Indian River County, Florida). PARCEL II That part of the Northwest one-quarter (N.W.$) of the Southwest one-quarter (S.W.}) of Section 18, Township 33 South, Range 40 East, Indian River County, Florida, lying North of the South Relief Canal and described as follows: Begin at the Northwest corner of the Northwest one-quarter of the Southwest one-quarter of said Section 16 and run South 89°53'24" East along the North line of the Southwest one-quarter of said Section 18 for 274.36 feet to the Northwest corner of the plat Of VISTA VILLAS -UNIT ONE (Plat Book 12, Page 52, Indian River County, Florida, public records; Thence run South 5004100" West along the West line of said plat of VISTA VILLAS -UNIT ONE for 290.30 feet to the Northwest corner of the plat of VISTA VILLAS - UNIT TWO (Plat Book 12, Page 79, Indian River County, Florida, public records); Thence continue South 5°04100" West along the West line of said plat of VISTA VILLAS --UNIT TWO for 509.70 feet; Thence run South 63015100" East along the Southwesterly line of said plat of VISTA VILLAS. -UNIT TWO FOR 242.49 feet to the North- erly right-of-way line of the South Relief Canal; Thence run South 74°14136" West along said Northerly Canal right -Of -way line for 440 feet, more or less, to the West line of said Section 18; Thence run Northerly along said West section line for 1026 feet., more or less, to the Point of Beginning; Subject to road ease- ments shown on Exhibit "X" to the Declaration of Condominium for Vista Royale Gardens (Official Record Book 618, Page 2169, public records of Indian River County, Florida), C. CALVIPT MC(YTGCMF.VV i AS%OCIAIES, INIC Engineers Professional Exchange Building STUART, FLORIDA m)it10 DESCRIPTION OF MQKEE JUNGLE GARDENS PROPERTY INDIAN RIVER COUNTY, FLORIDA July 18, 1989 Mi DESCRIPTION OF PROPERTY LYING EAST OF CONDOMINIUM PHASE 2 AND GOLF AREA I IN VISTA ROYALS GARDENS INDIAN RIVER COUNTY, FLORIDA PARCEL III That part of the South one-half (S.J) of Government Lot 1, Sec- tion 18, Township 33, South, Range 40 East, Indian River County, Florida, lying East of the following described line: Commence at the Northwest corner of the South one-half Mill of said Government Lot 1 (said point shown as Point D on Exhibit "X" to the Declaration of Condominium for Vista Royale Garaen5recorded in official Record Book- 618, Page 2169, public records of Indian River County, Florida) and run North 89"5914111 East along the North line of the South one-half (S.J) of said Government Lot 1 for 725.00 feet to the Northeast corner of Condominium Phase 2 of Vista Royale Gardens (shown as Point 2-14 on said Exhibit "X") and the Point of Beginning for the following described line; Thence run South 04015100" West along the East line of said Condominium Phase 2 for 362.74 feet to Point, 2-13 as shown on said Exhibit "X"; Thence run South ol"isloon West along the East- erly line of Golf Area I as shown on said Exhibit "X" for 308.07 feet to a point of .intersection with the North line of Government Lot 4 of said S(otion 18 and the point of termination of the Westerly boundary line of Parcel III. PARCEL IV That part of Government Lot 4, Section 18, Township 33 South, Range 40 East, Indian River County, Florida, lying East of the following described line: Commence at Point 2-13 as shown on Exhibit "X" to the Declaration of Condominium for Vista Royale Gardens recorded in Official Record Book 618, Page 2169, public records of Indian River County, Florida, and run South 01015'00" West along the Easterly line of Golf Area 1 as shown on said Exhibit "X" for 308.07 feet to a point of intersection with the North line of Government Lot 4 of said Section 18 and the Point of Beginning for the following described line: DE�'X'RIPTJOH OF PROPERTY LYING EAST OF CONDOMINIUM PHASE 2 AND GOLF AREA I C, CALVIVY &UA-mmm Assecomfi:%, 1"VC. IN VISTA ROYALE GARDENS Engineers INDIAN RIVER COUNTY, FLORIDA Professional Exchange Building July 10, 1939 STUART, FLORIDA Page I of 2 N"94 N; I DESCRIPTION OF PROPERTY LYING EAST OF CONDOMINIUM M 1 PHASE 2 AND GOLF AREA l IN VISTA ROYALE GARDENS C_ (Continued) Thence continue South 01°15'00" West along the Easterly line of said Golf Area 1 for 60.93 feet; Thence run South 12°00100" East along the Easterly line of said Golf Area 1 for 132.00 feet; Thence run South W10'00" West along the Easterly line of said Golf Area l for 201.63 feet; Thence run South 13°55100" East along the Easterly line of said Golf Area I for 656.31 feet; Thence run South 79°30'00" East along the Easterly line of said Golf Area 1 for 65.00 feet; Thence run North 90°00100" East along the North line of the parcel designated as "Sewage Treatment Plant Site" on said Exhibit "X" for 185.00 feet; Thence run South 0° 00100" East along the East line of said "Sewage Treatment Plant Site" for 150.00 feet; Thence run North 9000100" West along the South line of said "Sewage Treatment Plant Site" for 203.51 feet; Thence run South 41°58127" West along the East line of the access corridor which is part of said "Sewage Treatment Plant Site" for 203.90 feet to a point of intersection with'the South Line of Government Lot 4 of said Section 18 and the point of termination of the Westerly boundary line of Parcel IV. DESCRIPTION OF PROPERTY LYING EAST C. CALVERT MCATGUMEPY b ASSC'CKYLS, INC. OF CONDOMINIUM PfIASE 2 AND GOLF AREA 1 Engini,ors IN'VISTA ROYALE GARDENS INDIAN RIVER COUNTY, FLORIDA Professional Exchange Building July 18, 1909 STUARL FLORIDA Page 2 of 2 hlui I•;KIIIIIIT A I11go 3 M C DESCRIPTION OF PART OF COMINMENT LOT 2, SECTION 19-33-40 LYING EAST OF FOREST PARK SID, UNIT'S TWO AND 'THREE INDIAN RIVER COUNTY, FLORIDA c That part of Government Lot 2, Section 19, Township 33 South, Range 40 East, Indian River County, Florida, described as follows: Commence at the Northwest corner of said Section 19 and run East- erly along the North line of said Section 19 for 57.44 feet to a point of intersection with the Easterly right-of-way line of U.S. Highway No. 1; Thence run South 12°00'10° East along said East- erly right-of-way line for 3656.55 feet; Thence run South 89°51' 52" East"along the South line of the plat of FOREST PARK SID - UNIT ONE (recorded in Plat Book 9, Page 50, Indian River County, Florida, public records) for 1576.46 feet to the Southwest corner of the plat of FOREST PARK SID - UNIT TWO (recorded in Plat Book l0, Page 66, Indian River County, Florida, public records); Thence continue South 09°51152" East along the South line of said plat of FOREST PARK BID - UNIT TWO for 241.00 feet; Thence run North 89052133" East along the South line of said plat of FOREST PARK SID - UNIT TWO for 676.36 feet; Thence run North 00°18'01" Last along the East Line of said plat of FOREST PARK SID -- UNIT TWO for 911.73 feet to a point of intersection with the South line of Government Lot 2 of said Section 19 and the Point of Beginning for the following described parcel: `thence run South 89°3745" East along the South line of said Government Lot 2 for 321.55 feet; Thence run North 00"09'00" East for 1309.03 feet to a point of intersection with the North line of said Government Lot 2; Thence run North 89027'00" West along the North line of said Government Lot 2 for. 581.51 feet to the Northeast corner of Lot 16 of the plat of FOREST PARK SID UNIT THREE (recorded in Plat Book 11, Page 81, Indian River County, Florida, public records); Thence along the Easterly line of said plat of FOREST PARK SID - UNIT 'THREE run as follows: South 30°00'00" West for 115.05; South 15°00'00" East for 104.71 feet; South 55°00'00" East for 121.33 feet; South 0°00'00" East for 50.79 feet; South 30°00100" West for 185.52; South 0"00'00" :. CALVEPT MCATCOAIM S ASSOCIATES, INC. Enolnoart f'rofettional Exchonue Buildino STUART, P O RIDA 'Y/ f,MMIT A DESCRIPTION of PART of GOVERNMENT LOT 2., SECTION 19-33-40 LYING EAST OF FOREST PARK SID, UNITS TWO AND THREE INDIAN RIVER COUNTY, FLORIDA July 18, 1989 Page 1 of 2 ' ! ". (- 4 DESCRIPTION OF PART OF GOVERNMENT LOT 2, SEC'T'ION 19-33--40 LYING EAST OF FOREST PARK SID, UNITS TWO AND'THREE ON INDIAN RIVER COUNTY, FLORIDA (Continued) East for 107.35 feet; South 20000'00" East for 54.05 feet; South 50000100" East for 106.50 feet; South 15000100" East for 161.79 feet; South 5°00'00" East for 131.15 feet; South 15"u0'00" East for 154.95 feet; South 49°29'36" East for 160.34 feet to the Southeast corner of said plat of FOREST PARK SID --UNIT THREE; Thence run North 09041159" West along the South line of said plat of FOREST PARK SID -- UNIT THREE for 201.42 feet to the Southeast corner of Lot 1 of said PLAT OF FOREST PARK SID -- UNIT THREE and the Northeast corner of Lot 14 of said plat of FOREST PARK SID - UNIT TWO; Thence run South He 30'00" East along the East line of said Lot 14 for 39.60 feet; Thence run North 61030100" East along the Northerly terminus of East Forest Trail as shown on said plat of FOREST PARK SID -- UNIT TWO for 50.00 feet to a point on a curve concave to the Southwest having a radius of 674.79 feet; Thence run Southeasterly along the arc of this curve through a central angle of 1°51157" and along the Easterly right-of- way line of East Forest Trail for 21.97 feet to the Northwest corner of Lot 15 of said plat of FOREST PARK SID -- UNIT TWO; Thence run South 09°41159" East along the North line of said Lot 15 for 106.94 feet to the Point of Beginning. This parcel contains 15.460 acres, more or less. DESCRIPTION OF PART OF GOVERNMENT C. CALVERi MONICOVIERY 4 ASSCCIATES. INC. I.OT 2, SECTION 19-33-40 LYING EAST OF Englnoon FOREST PARK S/D, UNITS TWO AND THREE INDIAN RIVER COUNTY, FLORIDA Professional Exchange Building July I0, 1969 STUART, FLORIDA Page 2 Of 2 1°"$#4 EXHIBIT A