HomeMy WebLinkAbout1974-028NOR
II RESRESOLUTION No, 7LE-?g
BE IT RESOLVED by the Board of Count Commissioners of Indian
River County, Florida:
® SECTION I
This Resolution shall be known and may be cited as the
"Seminole Shores Subdivision, Sewer and Water Franchise".
SECTION II
For the purpose of this Resolution, the following terms,
phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with the context, words using the
present tense include the future; words in the plural number in-
clude the singular and vice versa. The word "shall" is always
mandatory.
(a) "County" is Indian River County, a political subdivision
of the State of Florida.
(b) "Subdivision"is the Grantee of rights under this fran-
chise, to wit: Lowell L. Lohman, Richard A. Dice, Hazel Dittrich
and Irving M. Silverman.
(c) "Board" is the Board of County Commissioners of the
County.
(d) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(e) "Territory" means the area located in Indian River
County, Florida, outside the corporate limits of any municipality
as the same is more particularly defined and described herein.
(f) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, laterals,
valves, meters, plant, wells, pipes, tanks, reservoirs, systems,
facility or other property, real or personal, used or useful or
having the present capacity for future use in connection with the
obtaining, treatment, supplying and distribution of water to the
public for human consumption, fire protection, irrigation, con -
LAW OFFICES
VOCELLE sumption by business or industry and without limiting the
& I
GALLAGHER generality of the foregoing, shall embrace all necessary
F, o, sax Ma
VENO UEACH, FLORIDA
23960
Ell
J
appurtenances and equipment and shall include all property, rights
easements and franchises relating to any such system and deemed
necessary or convenient for the operation thereof.
(g) "Sewer System" is any plant, system, facility or
property used or useful or having the present capacity for the
future use in connection with the collection, treatment, purifica-
tion or disposal of sewage and sewage affluent and residue for the
public and without limiting the generality of the foregoing
definition shall embrace treatment plants, pumping stations,
intercepting sewers, pressure lines, mains, laterals, and all
necessary appurtenances and equipment and shall include all
property rights, easements and franchises relating to any such
system and deemed necessary or convenient for the operation
thereof.
SECTION III
There is hereby granted by the County to the Subdivision the
non-exclusive franchise, right and privilege to erect, construct,
operate and maintain a water system and a sewer system either or
both within the prescribed territory as herein provided and for
these purposes to sell and distribute water and to collect and
dispose of sewage within the territory and for these purposes to
establish the necessary facilities and equipment and to lay and
maintain the necessary lines, pipes, mains and other appurtenances
necessary therefore in, along, under and across the public alleys,
streets, roads, highways and other public places of the County;
provided, however, that the County reserves the right to permit
the use of such public places for any and all other lawful pur-
poses and subject always to the paramount right of the public in
and to such public places.
SECTION IV
The territory in which this franchise shall be applicable is
LAW OFFICES
VOCELLE all that part of Indian River County, Florida, located within the
GALLAGHER
P. o. B0. 1900
VERO BEACH, FLORIDA
- 2-
31960
ii following described boundary lines, to wit:
40I� Refer to Schedule "A", for legal description.
LAW OFFICES
VOCELLE
GALLACHER
/, 0. .- 1940
VENO aEACH, FLORIDA
32960
The Subdivision shall at all times during the life of this
franchise be subject to all lawful exercise of the police power
and regulatory authority of the County and to such regulation as
the County shall hereafter by resolution provide.
SECTION VI
It is expressly understood and agreed by and between the
Subdivision and the County that the Subdivision shall save the
County and members of the Board harmless from any loss sustained
by the County on account of any suit, judgment, execution, claim
or demand whatsoever resulting from negligency on the part- of the
Subdivision in the construction, operation or maintenance under
I
the terms of this franchise. The parties agree that, in the con-
struction of this section, the claim of any person resulting from
I
negligence on the part of the Subdivision may be prosecuted direct -I
ly by such person against the Subdivision as if no governmental
immunity accrued to the County by virtue of the Subdivision's use
of a public place of the County. The County shall notify the Sub-
division promptly after presentation of any claim or demand.
SECTION VII
- I
The subdivision shall maintain and operate its plant and i
system and render efficient service in Gacordance with the rules
and regulations as are or any be set forth by the Board from time
to time. The right is hereby reserved to the County to adopt, in
addition to the provisions herein contained and existing applicable
resolutions or laws, such additional regulations as it shall find
necessary in the exercise of the police power and lawful authority
vested in said County, provided that such regulations shall be
MIM
O
•
reasonable and not in conflict with the rights herein granted and
not in conflict with the laws of the State of Florida. The Count
shall have the right to supervise all construction or installatio
work performed and to make such inspections as it shall find
necessary to insure compliance with all governing regulations.
SECTION VIII
All the facilities of the Subdivision shall be constructed
only in accordance with plans and specifications approved by the
State Board of Health of the State of Florida and the quantity
and quality of water delivered and sold and the manner of
collection and disposal of sewage shall at all times be and
remain not inferior to the rules, regulations and standards now
or hereafter adopted by the State Board of. Health. The Sub-
division may maintain sufficient water pressure and mains of
sufficient size with fire hydrants and other facilities necessary
to furnish fire protection at any and all areas within the
territory serviced by the Subdivision. The Subdivision may also
supply all water through meters which shall accurately measure
the amount of water supplied to any consumer. The Subdivision
shall at any time, when requested by a consumer, make a test of
the accuracy of any meter; prior, however, to any test being made
by the Subdivision, the sum of Five Dollars ($5.00) shall be
deposited with the Subdivision by the party requesting such test.
Such sum shall be returned if the test shows the meter to be in-
accurate in its delivery. Whenever it is necessary to shut off
or interrupt service for the purpose of making repairs or
installations, the Subdivision shall do so at such times as will
cause the least amount of inconvenience to its consumers and,
unless such repairs are unforeseen and immediately necessary, it
shall give reasonable notice thereof to its consumers.
SECTION IX
LAW OFFICES
VOCELLE (a) The Subdivision shall have the authority to promulgate
GALLAGHER
P. 0. Do. I".
VERO BEACH, FLORIDA —4-
32960
such rules, regulations, terms and conditions covering the conduct
® of its business as shall be reasonably necessary to enable the
Subdivision to exercise its rights and perform its obligations
• under this franchise and to issue an uninterrupted service to each
and all of its consumers; provided, however, that such rules,
` regulations, terms and conditions shall not be in conflict with
the provisions hereof or with the laws of the State of Florida and
all of the same shall be subject to the approval of the Board.
(b) At all times herein where discretionary power is left
with the Board of County Commissioners, the Subdivision, before
discretionary action is taken by the Board of County Commissioners,
can request said Board that a group of arbitrators be appointed,
and such group shall consist of:
1. County Engineer
2. Subdivision Engineer
3. One person selected by the
two above named persons
and this Board of. Arbitrators shall, make recommendations to the
Board of County Commissioners, but such recommendations are not
mandatory.
Any final decision the arbitrators or Board may have, with
respect to this franchise, can be appealed to the Circuit Court of
Indian River County by either party.
SECTION X
All pipes, mains, hydrants, valves and other fixtures laid
or placed by the Subdivision shall be so located in the public
places in the County so as not to obstruct or interf^re with any
other uses made of such public places already installed. The Sub-
division shall, whenever practicable, avoid interfering with the
use of any street, alley or other highway where the paving or sur-
face of the same would be disturbed. In case of any disturbance
of pavement, sidewalk, driveway or other surfacing, the Subdivisio,
LAW OFFICES shall, at its own cost and expense and in a manner approved by the
VOCELLE
& County Engineers, replace and restore all such surface so disturbe
GALLAGHER
P. o. Box 19o0
VERO BEACH, FLORIDA
-5-
33960
G]
40
in as good condition as before said work was commenced and shall
maintain the restoration in an approved condition for a period of
one (1) year. In the event that, any time the County shall law-
fully elect to alter or change the grade of or relocate or widen
or otherwise change any such public way, the Subdivision shall,
upon reasonable notice by the County, remove, relay and relocate
its fixtures at its own expense. The Subdivision shall not locate
any of its facilities nor do any construction which would create
any obstructions or conditions which are or may become dangerous
to the traveling public. In the event any such public place under
or upon which the Subdivision shall have located its facilities
shall be closed, abandoned, vacated or discontinued, the Board may
terminate such easement or license of the Subdivision thereto;
provided, however, in the event of this termination of easement,
the person requesting such termination shall pay to the Sub-
division, in advance, its costs of removal and relocation of the
removed facilities in order to continue its service as theretofore
existing, or the County shall retain an easement not less than
ten (10) feet in width for the benefit of the Subdivision and its
facilities.
SECTION XI
The Subdivision shall not as to rates, charges, service
facilities, rules, regulations or in any other respect make or
grant any preference or advantage to any person nor subject any
person to any prejudice or disadvantage, provided that nothing
herein shall prohibit the establishment of a graduated scale of
charges and classified rate schedules to which any consumer coming
within such classification would be entitled.
SECTION XII
(a) The Subdivision shall furnish, supply, install and make
available its public water system and its public sewer system to
LAV! OFFICES
VOCELLE any and all persons within the territory making demand therefore,
GALLAGHER
P. a. Box 19o0
VERB BEACH. FLORIDA —6-
39960
6-
39960
40
40
and shall provide such demanding person with its services and
facilities within one (1) year from the date of such demand;
provided, however, that the Board may, upon application of the
Subdivision, extend the time for providing such service to such
demanding person. In the event the Subdivision fails to provide
its services and facilities, either as to a water system or sewer
system or both, to any area within the territory within the time
provided, then in such event the County may by resolution of the
Board limit, restrict and confine the territory to that area then
being serviced by both water and sewer by the Subdivision or such
greater area as the Board shall determine and thereafter the
territory shall be only the area set forth, defined and provided
by the Board and the provisions of this franchise shall not extend
beyond the limits of the area so restricted and defined.
(b) The Subdivision shall not be required to furnish,
supply, install and make available its public water system or its
public sewer system or both to any person within the territory as
hereinbefore set forth, unless the same may be done at such a cost
to the Subdivision as shall make the addition proposed financially
feasible. Financially feasible shall mean that with a fair and
reasonable rate to be charged by the Subdivision for all its
services under this franchise; that such rate will produce to the
Subdivision a sum sufficient to meet all necessary costs of the
services, including a fair rate of return on the net valuation of
its property devoted thereto under efficient and economical
management. The burden of showing that a prospective service to
the area is not financially feasible shall be the burden of the
Subdivision.
SECTION XIII
The Subdivision shall not sell or transfer its plant or
system to another nor transfer any rights under this franchise to
LAW OFFICES
VOCELLE another without the approval of the Board, and provided further
GALLAGHER
P. 0. Bo% 1900
VERO BEACH. FLORIDA _7-
32960
that no such sale or transfer after such approval shall be
®M 11 effective until the vendee, assignee or lessee has filed with the
Board an instrument in writing reciting the fact of such transfer
!402
and accepting the terms of this franchise and agreeing to perform
all of the conditions thereof. In any event, this franchise shall
not be transferrable and assignable until notice or request for
transfer and assignment shall be given by the Subdivision to the
Board in writing, accompanied by a request from the proposed
transferee, which application shall contain information concerning
the financial status and other qualifications of the proposed
transferee and such other information as the Board may require. A
public hearing shall be held on such request of which notice shall
be given by publication in a newspaper regularly published in the
Countv at least one time not more than one month nor less than one
week= preceding such hearing. Certified proof of publication of
such notice shall be filed with the Board. Said hearing may
thereafter be continued from time to time as determined by the
Board. The consent by the Board to any assignment of this fran-
chise shall not unreasonably be withheld.
SECTION XIV
The rates charged by the Subdivision for its service here-
under shall be fair and reasonable and designed to meet all
necessary costs of the service, including a fair rate of return on
the net valuation of its properties devoted thereto under efficient
and economical management. The Subdivision agrees that it shall be
subject to all authority n6w or hereafter possessed by the County
or any other regulatory body having competent jurisdiction to fix
just, reasonable and compensatory rates. When this franchise takes
effect, the Subdivision shall have authority to charge and collect,
but not to exceed the following schedule of rates, which shall
remain effective until changed or modified as herein provided,
LAW OFFICES
VOCELLE to wit:
&
GALLAGHER
P. o. Pox is Da
VERO BEACH, FLORIDA
32960
A. Water Rates
Minimum Charge
The minimum charge will be based on customer meter size in
accordance with the following table:
3/4" & 5/8" Meter Minimum 3,000 gal. $4.72
1" Meter Minimum $11,70 6,000 gal. allowance
a 14" & la" Meter. Minimum 18.50 9,000 gal. allowance
2" Meter Minimum 26.64 12,000 gal. allowance
3" & 4" Meter Minimum 46.80 24,000 gal. allowance
6" Meter Minimum 65.00 36,000 gal. allowance
Excess Quantity Charge
The excess quantity charge shall be billed under the following
scale:
First
3,000
gal. --------------
Minimum
Minimum
$4.72
Next
12,000
gal. --------------
Ole
$1.30
per
1,000
gal.
Next
25,000
gal. ----•----------
G
1.04
per
1,000
gal.
Next
35,000
gal. ---------------
Ola
.92
per
1,000
gal.
All over
75,000
gal. --------------
@
.78
per
1,000
gal..
Water used in excess of 3,000 gallons but less than the
respective minimum allowance shall be billed at the respective
minimum charge. Water used in excess of the respective mini-
mum allowance shall be billed at the rate indicated for water
consumption in excess of 3,000 gallons.
B. Sanitary Sewer Rates
Minimum monthly bill shall be based on water meter size.
3/4" & 5/8"
1"
i4" & 1 2"
2"
3" & 4"
6"
Excess Quantity Charge
Meter
Minimum
$ 6.76
Meter
Minimum
13.50
Meter
Minimum
22.50
Meter
Minimum
30.76
Meter
Minimum
54.00
Meter
Minimum
75.00
First
3,000
gal. --------------
Minimum
$6.76
Next
12,000
gal. --------------
Cal
$1.06
per
1,000
gal.
Next
25,000
gal. --------------
Cal
.90
per
1,000
gal.
Next
35,000
gal. --------------
@
.78
per
1,000
gal.
All over
75,000
gal. --------------
@
.66
per
1,000
gal.
SECTION XV
The County shall have access at all reasonable hours to all
of the Subdivision's plans, contracts, engineering data,
accounting, financial, statistical, consumer and service records
relating to the property and the operation of the Subdivision and
to all other records required to be kept hereunder, and it shall
LAW OFFICES
VOCELLE file such accounting reports and data with the County when
GALLABHER required.
P. 0. 9Vx 1900
VERD BEACH, FLORIDA
32960 -9
SECTION XVI
The Subdivision shall at all. times maintain public liability
and property damage insurance in such amounts as shall be required
from time to time by the Board in accordance with good business
practices as determined by safe business standards as established
by the Board for the protection of the County and the general
public and for any liability which may result from any action of
the Subdivision. If any person serviced by the Subdivision, under
this franchise complains to the Board concerning the rates,
charges and/or operations of such utility and the Subdivision,
after request is made upon it by the Board, fails to satisfy or
remedy such complaint or objection or fails to satisfy the Board
that said complaint or objection is not proper, the Board may
thereupon, after due notice to such utility, schedule a hearing
concerning such complaint or objection and the Board may review
the rates and charges set and charged by the Subdivision for the
service it furnishes or the quality of services furnished. If the
Board enters its order pursuant to such hearing and the Sub-
division feels it is aggrieved by such Order, the Subdivision may
seek review of the Board's action by proceedings in the Circuit
Court of the County; otherwise, the Subdivision shall promptly
comply with the order of the Board.
SECTION XVII
Should the Subdivision desire to establish sewer rates and
charges or should the Subdivision desire to increase any charges
heretofore established and approved by the Board, then the Sub-
division shall notify the Board in writing, setting forth the
schedule of rates and charges which it proposes. A public hearing
shall then be held on such request, of which notice shall be given
by publication in a newspaper regularly published in said County
at least one time not more than one month nor less than one week
LAW OFFICES
VOCELLE preceding such hearing. Certified proof of publication of such
GALLAGHER notice shall be filed with the Board. Said hearing may thereafter
P. o. 0 . t...
VERO BEACH, FLORIDA
32960 -10-
be continued from time to time as determined by the Board. If the
®_= Il Board enters an order pursuant to such hearing and the Subdivision
or any person feels aggrieved by such order, then the Subdivision
®M 11or such person may seek review of the Board's action by proceeding
in the Circuit Court of the County.
SECTION XVIII
Prior to the Subdivision placing any of its facilities in any
of the public places as herein authorized, the Subdivision shall
make application to and obtain a permit from the County Engineer
authorizing said construction in the same mariner as permits are
authorized in the County for the use of the public roads as shall
now or hereafter be established by regulations of the County. The
County shall have the right when special circumstances exist to
determine the time in which such construction shall be done.
SECTION XIX
If the Subdivision fails or refuses to promptly and faithfully
keep, perform and abide by each and all of the terms and conditions
of this franchise, then the Board shall give the Subdivision
written notice of such deficiencies or defaults and a reasonable
time within which the Subdivision shall remedy the same, which
notice shall specify the deficiency or default. If the Subdivision
fails to remedy such deficiency or default within the time required
by the notice from the Board, the Board may thereafter schedule a
hearing concerning the same with reasonable notice thereof to the
Subdivision and after such hearing at which all interested parties
shall be heard, the Board may further limit or restrict this fran-
chise or may terminate and cancel the same in whole or in part if
proper reasons thereby are found by the Board. If the Board enters
an order pursuant to such hearing and the Subdivision or any other
person feels aggrieved by such order, the utility or such other
person may seek review of the Board's action by proceedings in the
LAW OFFICES
VOCELLE Circuit Court of the County.
GALLAGHER
P - 0. e0% 1900 -11-
VERO BEACH, FLORIOA
;2960
El
•
SECTION XX
Any person using in normal average consumption more than
100,000 gallons of water per day shall not be required to deal
with the Subdivision but any such water user shall be at liberty
to secure its water from such source or sources as it might desire.
This franchise shall exempt and except therefrom any public agency
producing water for resale at wholesale. Nothing in this fran-
chise shall prevent landowners from exercising their vested or
privileges as set forth and contained in any license issued to any
utility heretofore granted by the Board pursuant to Section
125.42, Florida Statutes.
SECTION XXI
The franchise and rights herein granted shall take effect
and be in force from and after the time of the adoption of this
resolution by the Board and shall continue in .force and effect
for a term of forty (40) years after such adoption; provided,
however, that within sixty (60) days from the time of the adoption
of this resolution, the Subdivision shall file with the Board its
written acceptance of this franchise and all of its terms and
conditions and provided further that if such acceptance is not
filed within the time specified, then the provisions of this fran-
chise shall be null and void.
The franchise and rights herein granted shall take effect and
be in force from and after the time of the adoption of this
resolution by the Board and shall continue in force and effect
until. such time as the County is operating a public -owned sewer
and/or water system. Subdivision acknowledges that it has entered
into an agreement with the County whereby, upon written notifica-
tion from the County,
the Subdivision
will, at its own expense,
abandon the water and
sewer treatment
facilities and the County,
LAW OFFICES
VOCELLE
at its expense, shall
be permitted to
connect the Subdivision's
GALLAGHER
P. 0. BO% 1900
-12-
VERO BEACH, FLORIDA
32960
LAW OFFICES
VOCELLE
GALLASHER
I. 0. BO% 1900
VERO BEACH, FLORIDA
22960
water and sewer treatment facilities to public -owned and operated
sewer and water treatment facilities.
SECTION XXIII
If any word, section, clause or part of this resolution is
held invalid, such portion shall be deemed a separate and in-
dependent part and the same shall not invalidate the remainder.
IN WITNESS WHEREOF, the Board of County Commissioners of
Indian River County, Florida, has caused this franchise to be
executed in the name of the County of Indian River by the Chairman
of the Board of County Commissioners, and its seal to be affixed
and attested by its Clerk, all pursuant to the resolution of the
Board of County Commissioners adopted on the 04-, day of
A. D. 1974.
Fw Q
Signed, sealed and delivered
in the pretence of:
COUNTY OF INDIAN RIVER, FLORIDA
By:
As Chairman of the BoaA of
County Commissioners
Attest:
Cle
ACCEPTANCE OF FRANCHISE
LOWELL LOHMAN, RICHARD A. DICE, HAZEL DITTRICH AND IRVING M.
SILVERMAN, d/b/a SEMINOLE SHORES SUBDIVISION, does hereby accept
the foregoing franchise, and for them and their successors and
assigns, does hereby covenant and agree to comply with and abide
by all of the terms, conditions and provisions therein set forth
and contained.
DATED at Vero Beach, Indian River County, Florida, this
day of U �.r�_�' 1974.
SEMINOLE SHORES SUBDIVISION
By: -
Lowell Lohman, As Authorized
Agent
-13-
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take acknow-
40
ledgments, personally appeared LOWELL LOHMAN, as authorized agent
of Seminole Shores Subdivision, and he acknowledged before me that
he executed the foregoing instrument for the uses and purposes
therein expressed.
WITNESS my hand and official in the State and County afore-
said this (v day of ,� ,_�' 1974.
Not• y ���c.GL
Public, State of Florida
at Surge. My Commission Expires:
(SEAL)
LAW OFFICES
VOCELLE
GALLAGHER
P. o. box 190o
VERO BEACH, FLORIDA
32960
-14-
The North 330 feet of Government Lot 4, Section 27, lying West
Of AlA and the North 330 feet of Government Lot 4, Section 28
® all in Township 33 South, Range 40 East, all lying and being in
Indian River County, Florida, containing 9.48 acres more or
less. Also the property within St. Christopher Harbor Sub-
division as recorded in Plat Book 4, Page 14 in the public
records of Indian River County, Florida.
LAW OFFICES
VOCELLE
GALLAGHER
P. 0. BO% 1900
VERO BEACH, FLORIDA
32960
Also to include that portion of a certain island in the Indian
River described as follows: From the Southeast corner of
Government Lot 3, Section 28, Township 33 South, Range 40 East,
run West on the south line of said Government Lot a distance of
314 feet to a point of beginning on the east shore of an island.
From said point of beginning run North 40 degrees 50 minutes
East a distance of 300 feet to a point; thence run North 37
degrees West a distance of 117 feet to a point; thence run North
73 degrees West a distance of 600 feet to a point; thence run
South 54 degrees 15 minutes West a distance of 500 feet to a
point; thence run South 38 degrees 15 minutes West a distance
of 258 feet to a point on the west side of said island; thence
run East a distance of 1013.5 feet to said point of beginning.
Containing 8.9 acres, more or less, and lying and being in
Section 28, Township 33 South, Range 40 East;
also
That portion of a certain island in the Indian River described
as follows: From the Northeast corner of Government Lot 4,
Section 28, Township 33 South, Range 40 East, run West on the
north line of said Government Lot a distance of 314 feet to a
point of beginning on the east shore of an island. From said
point of beginning run West a distance of 1013.5 feet to a point
on the west shore of said island; thence run South 33 degrees
west a distance of 245 feet; thence run South 54 degrees east a
distance of 240 feet; thence run North 85 degrees east a distance
of 691 feet; thence run North 46 degrees 30 minutes East a dis-
tance of 290 feet; thence run North 37 degrees 57 minutes East
a distance of 102.14 feet to said point of beginning. Containing
6.9 acres, more or less, and lying and being in Section 28,
Township 33 South, Range 40 East;
all of said land being in Indian River County, Florida.
Said franchise to commence 70 feet west of the centerline of AlA,
said highway running along the easterly boundary of the herein-
above described property.
SCHEDULE "A"
LAW OFFICES
VOCELLE
GALLAGHER
P. U. A- 11-
k- BEAC11, ftn0c�
MR. 3L.00K SULMITTED THE FOLLOWING AFFIDAVIT
FROM PARI AND PARS, ROSE, WHOSE PROPI:RTY IS INCL.UDI:.D IN
THIS FRANCHISE AREA1
A F F I D A V I T
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BEFORE the undersigned officer, authorized by the laws of
said state to administer oaths and take acknowledgments, personal
appeared EDWARD L. ROSE, JR. and MITZI C. ROSE, his wife, of
1636 W. Camino Del Rio, Vero Beach, Florida 32960, who first
being ,duly sworn upon their oath depose and say:
1. That we are the owners of record of St. Christopher
Harbor recorded in Plat Book 4, Page 14, of the public records of
Indian River County, Florida.
2. That we consent to St. Christopher Harbor property
being included in the proposed water and sewer franchise area now
being applied for by Lowell Lohman, Richard A. Dice, Hazel Dittrich
and Irving M. Silverman, d/b/a SEMINOLE SHORES SUBDIVISION.
DATED at Vero Beach, Indian River County, Florida, this
Q day of April, 1974.
�L'�...-.-.� /O — SEAL
Edward L. Rose, J .
' ( - SEA.:
Mit;A C. Rose
Sworn to and subscribed before me
this 2— day of April, 1974.
Notary Public State of Florida at
Large. My Commission Expires:
Nof.'y D,,:,I!C, S!aie of Fic%ode M Ic• i
My Commission Frpi, S,p1, 10, 1411
BanJ. y Co.
9
c•n
0
I..
Ir,t .• tt.t ii
tell; LUtJ ''6E.LJC� t
This Barmn!: t.! i.'t ,t.tY ,a April A. U. to 6o by
St. Christopher :o:po atlon, a Florida corporation,
hervinafter rolled the ryronlor, to Tho^.:: -Ls A. Green, Trustee under a certain
agreement of trust dated June 1, 1955, for the
benefit of Stuart Green, et al.
whose jtwtoffire oddress is c/o Stuart Hedden
R
'sn Plilford, Connecticut
hercinnfter called the gmntee:
OVIN. ".et ..d hmin thr irrmt "tool."" and "emtrt•' i.,61, All the partin to this inttmintet and
ION, hr . Iwai np,rvnu.... and . •n• Mw,li. Ll,..ly .,t tht .urr..nn m•1 am; On,
at ...P—liana,
jII �r::�btsSelh: That the pnt.nlor, for anti in consideration of lite stun of S 10.00 and other
valuable considernlions, receipt whereof -is lwrehy achnowle4ed, hereby grants, bargairu, sells, aliens, re-
{ miser, releases, ro,wow, and confirms unto the grantee, all titat certain land situate in Indian giver
County, Florida, viz:
z`;'i,', That portion of a certain island in the Indian River described
'J1,ii ,;•i' as:'follo:vs: From the SE corner of Government Lot 5 Section 23,
! J rte'.. Tosmship 33 South, Rance 1.0 Bast, run West on the south line of
Imo.•,•:,•.,, said Government Lot a distance of 314 feet to a point of begin-
r�-----t y
ni+><g on the east snore of an island. From said point obegin-
A. ning run North 40 degrees 50 minutes Last a distance of 300
feet to a point; thence run i'orth 37 degrees 1 -lest a distance of
117 feet to a point; thence run �;orth 73 degrees West a distance
of 600 feet to a point; thence run Southg
degrees ree 5
5 �o s 1 minua.es
West a distance of 500 feet to a point; thence run South 33 led
15 zein. ?lest a distance of 259 feet to a point on the west sidev
of said island; thence run East a distance of 1013.5 feet to
!� said point of beginning. Containing.9.9 acres, more or. less,.
and lying and being in Section 28, Township 33 South, Range 40,
East;
also
,;•..,,...t7ti'; That portion of a certain island in the Indian River described
j fit���;� as follons: Frost, the NE corner of Government Lot 4, Section 23,
=y� Township!`33 South, Range 40 East, run West on the north line of
said Government Lot a distance of 314 feet to a point of be -
p, -►� ginning on the east shore of an island. From said point of be-
== - ginning run ;lest a distance of 1013 a5 feet to a point on the
xP t ' ;: i ;
.,;Y••y', west shore of said island; thence run South 33 degreas gest a
distance of 245 feet; thor_ce run South 54 de?rees east a
~`
distance .of 240 feet; thence run Ilorth 85 degrees east a
distance of 691 feet; the run Morth 4o degrees to
3o minutes
East a distance of 290 feet; thence run north 37 degrees
57
z.
minutes East a distance of 102..14 feet to said point of begin-
�^--�= 1
ning. Containing 6.9 acres, more or less, and lying and being
_-!-
iu Section 28, tot•raship 33 South, Range 40 East;-., „
all of said land being in Indian River County, Florida.
To -ether with riparian and littoral rights appertaining
a_.• '-'
thereto.
Subject'to declaration of r�sl;riction applicable to St.
Chri ton '
s her By the S^cs. dated larch ln, 1950, and recorded
!�;
"larch 26, 1956, in 1'iiscell- neous Sool, 11, page 250, public
'•••••
records of Indian River Counter, .l.orlda.
TO
71
_o C7