HomeMy WebLinkAbout1982-080RESOLUTION NO. 82- 80
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
EXECUTION AND RECORDATION OF AN AGREEMENT RESTRICTING
TO AGRICULTURAh THE USE OF 120 ACRES OF LAND IN
CONJUNCTION WITH SITE PLAN APPROVAL FOR 24 MOBILE
HOMES.
WHEREAS, on June 24, 1982, the Indian River County
Planning & Zoning Commission approved a site plan for Graves
Brothers Company to allow placement of twenty-four (24) mobile
homes upon agriculturally zoned property, conditioned upon
execution by the owner of an agreement placing certain
restrictions upon contiguous property of the owner; and
WHEREAS, said agreement requires the owner to maintain
at least five (5) acres per mobile home in agricultural use in
order to meet the intent of Section 4(c)(6) of the County's Zoning
Code, while permitting an efficient use of land and resources
through clustering of the mobile homes as shown on the site plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY that the foregoing recitals
are affirmed, and the Chairman and Clerk are authorized to execute
the attached agreement. The County Attorney is further authorized
and requested to take steps necessary to have the agreement
recorded in the Official Record Books of Indian River County.
The foregoing resolution was offered by Commissioner
Fletcher who moved its adoption. The motion was
seconded by Commissioner Bird and, upon being put to a
vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman A. Grover Fletcher Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
Commissioner Dick Bird Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 18th day of August , 1982.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By G _
DON. SCUR OCK, JR.
� Chairman
Attest:
FREDA WRIGHT, Ct �c
APPROVEp TO-FOPI AND �-EGAL SUFFICIENCY
B
y
CHRISTOJP4KER J. HULL, Asst. County Attorney
lie
IIA G R E E M E N T
SII. THIS AGREEMENT made and entered into this 8th day of
�I August 1982, by and between GRAVES BROTHERS COMPANY, a Florida
(I® Corporation, hereinafter referred to as "Graves", and INDIAN RIVER
I COUNTY, a political subdivision of the State of. Florida, herein-
after referred to as "County".
WHEREAS, the Indian River County Zoning Code
Agricultural District provides for the use of mobile homes as a
special exception use provided;
(a) They are located on land which has been c'.assified
as agricultural land for purposes of ad valorem taxation.
(b) The mobile homes are owned by the owner or lessee
of the land.
(c) Mobile homes are occupied only by a full-time
employee of the owner or lessee of the land.
(d) That in the opinion of the 'Zoning Commission the
mobile homes are necessary for the operation of the agricultural
use of the land.
(e) Mobile homes are placed on at least five (5) acres
of land per home.
WHEREAS, GRAVES BROTHERS COMPANY now desires to make use
of the provision to provide housing for full-time employees who
are employed to work in the citrus groves of the company by
retaining one hundred twenty (120) acres of land contiguous to the
site cf the mobile homes for agricultural use.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS HEREIN CONTAINED, the parties agree as follows:
1. GRAVES agrees to maintain all of Section 1, Township
32 South, Range 38 East, in agricultural zoning and use as long as
the twenty-four (24) mobile home units are located in the south-
west corner of said Section. In the event said property is sold
so that there is not remaining at least one hundred twenty (120)
acres contiguous to said project site, then GRAVES agrees to
re,-tove saki mobile homes immediately upon said sale, and also
agrees to remove said mobile homes in the event the zoning of said
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property and use of said property is changed from agricultural.
2. GRAVES agrees that this instrument shall be recorded
in the Official Records of Indian River County and shall consti-
tute a covenant running with the land restricting the one hundred
twenty (120) acres described in Paragraph 1 above for use as
agricultural property so long as the mobile homes described in
Paraaraph 1 above exist on said properEy and further that this
covenant shall be enforceable by Indian River County, its
successors or assigns.
3. GRAVES agrees that this agreement is executed volun-
tarily on the behalf of GRAVES to assure compliance wi.th the Code
of Laws and Ordinances of Indian River County, Zoning, Section 4,
Agricull-ural District (c)(6).
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
Witnesses:
�aaA,_�) a . W "V -J
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
GRA - S Ba( HERS COMPANY,
a ].o i rpo at on.
BV
Attest:_ _
(CORPORATE'SEAL)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in this State and County to take acknowledgments,
personally appeared J. RICHARD GRAVES, JR., President of Graves
Brothers Company, to me known to be the person described in and
who executed the foregoing instrument and he acknowledged before
me that he executed the same.
WITNESS my hand and official seal in the County and
State last aforesaid this day of �� ,��,ti, , 1982.
)NotaryFi c _• t
,
' 19 S, ems'
Notary Public
BOARD OF COUNTY COMMISSIONERS
OF INIAN RIVER COUNTY
By C
Zw-e�o
DON C. SCUR110CK, JR,'
Chairman
Attest:J��_���-
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STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized .in this State and County to take acknowledgments,
personally appeared DON C. SCURLOCK, JR., Chairman of the Board of.
County Commissioners of Indian River County, to me known to be the
person described in and who executed the foregoing instrument and
he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and
State last aforesaid this AL4%M day of(�,.s„Atm ,• 1982.
v � � V
WotarT Public
U �
APPROVED AS TO FORM
AN4GA
SUFF IE NOTARY IUILIC STATE OF FLORIDA AT LARG-f
MY COMMISSION EXPIRES AUG Is 1915
By�„� sONNED THRU GENERAL INS UNDERWRITERS
BRANDENBU G, County Attorney
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