HomeMy WebLinkAbout1977-010RESOLUTION NO. 77-10
BE IT RESOLVED by the Board of County Commissioners of
• Indian River County, Florida:
40
SECTION 1
This Resolution is an amendment to Resolution No. 74-28
adopted on April 10, 1974, by the Board of County Commissioners of
Indian River County, Florida, which is known as the "SEMINOLE
SHORES SUBDIVISION SEWER AND WATER FRANCHISE."
SECTION 2
The franchise area described in Section IV of Resolution
No. 74-28 is hereby amended to include the following described
property situated in Indian River County, Florida, to -wit:
Parcel One:
The South 310 feet of Government Lot 3 lying East
of A -1-A, Section 27;
Parcel Two:
All of Government Lot 4, Section 27, except the
South 220 feet lying East. of A -1-A;
Parcel Three:
All of Government Lot 4, Section 28;
All of the above-described properties lying and
being in Township 33 South, Range 40 Fast, Indian
River County, Florida.
SECTION 3
That SECTION II(b) of Resolution No. 74-28 is hereby
amended to read as follows:
"(b) 'Subdivision' is the Grantee of rights
under this franchise, to -wit: Lowell L. Lohman, Irving M.
Silverman and Opal M. Silverman, d/b/a Seminole Shores
Subdivision."
SECTION 4
That SECTION XXII of Resolution No. 74-28 is hereby amended
so that the following paragraph shall be added thereto:
"The franchise and rights granted herein shall be
terminated earlier, in whole or in part, in the event the
County, or a municipal corporation of the State of Florida,
within the territory of this franchise is capable of providing
its own water and/or sewer system and/or collection and
treatment system, and is in a position to supply the same
�M to individual customers, at which time, the Subdivision will
convey all of its lines and easements which the Subdivision
-� may own, free and clear of all liens and mortgages to said
County or municipal corporation without charge. This does not
include any force mains from other developments, but does
include the lines, lift stations and easements within these
developments."
SECTION 5
All provisions of Resolution No. 74-28 adopted by the Board
of County Commissioners of Indian River County, Florida, on April 10,
1974, shall remain in full force and effect, except as amended above,
and the franchise area described above shall be subject to all the
terms and conditions of Resolution No. 74-28 as if the same were
included in the original Resolution No. 74-28.
IN WITNESS WHEREOF, the Board of County Commissioners of
Indian River County, Florida, has caused this amendment to Resolution
No. 74-28, said Resolution having been adopted by the Board of County
Commissioners of Indian River County, Florida, on April 10, 1974, and
which is known as the "SEMINOLE SHORES SUBDIVISION SEWER AND WATER
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, this j day of
February, A.D., 1977.
COUNTY OF INDIAN RIVER, FLORIDA
By:
William
yJ�oc evT ,r' as, d rman
of Board of County Commissioners
Attest: <_I/LC
Freda Wright, -Clef}
Signed, sealed and delivered
in the presence of:
*as
�th par es
ACCEPTANCE
® LOWELL L. LOHMAN, IRVING M. SILVERMAN and OPAL M.
SILVERMAN, doing business as Seminole Shores Subdivision, hereby
40 accept the foregoing amendment to Resolution No. 74-28 adopted on
April 10, 1974, by the Board of County Commissioners of Indian
River County, Florida, which is known as the "SEMINOLE SHORES SUB-
DIVISION SEWER AND WATER FRANCHISE," and for them and their successors
and assigns, do 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
X32.( day of February, 1977.
SEMINOLE SHORES SUBDIVISION
By :
horized Agent
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 acknowledg-
ments, personally appeared LOWELL L. LOHMAN, as Authorized Agent
for Seminole Shores Subdivision, and he acknowledged to and before
me that he executed the foregoing instrument for the uses and
purposes therein expressed.
WITNESS my hand and official seal in the state and county
aforesaid this day of February, 1977.
Notary Public, State of Florida at Large.
My commission expires: 1A//S/