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Home My WebLink About1992 Correspondence Channel 68 MarinaCity of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 November 20, 1992 Mr. Richard Fey 14405 80th Avenue Sebsastian, FL 32958 Dear Mr. Fey: The Sebastian City Council, at its November 18, 1992 Regular Meeting, passed several motions relative to Channel 68 Marina. In lieu of attempting to interpret those motions, I have listed them for you below. Motions were as follows: MOTION by Holyk/Reid I would move that we accept the riparian rights line. VOICE VOTE on the motion carried 4-0 (Powell absent) MOTION by Holyk/Reid I would move that we allow the existing dock facility in its present location. VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Corum I would move that we grant Mr. Fey's request to allow the tie poles within one foot of riparian rights line beyond 200 feet from the shore line on the north side of his dock. VOICE VOTE on the motion carried 4-0. (Powell absent) The following motions were necessary for comment to the Department of Environmental Regulation and will be forwarded to that office by the Director of Community Development. n Mr. Richard Fey November 20, 1992 Page Two MOTION by Holyk/Reid I would move that we accept the deck addition with the 100' square foot building for fuel facilities. VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Reid I would move that we accept the design for the channel markers and marina identification sign. VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Reid I would move that we allow the current owner to continue the maintenance dredging of the submerged lease area. VOICE VOTE on the motion carried 4-0. (Powell absent) If you should have any questions, please contact the Director of Community Development. Sincerely, Kathryn M. O'Halloran, CMC/AAE City Clerk cc: Director of Community Development City Engineer/PW Director sam Regular City Council Meeting November 18, 1992 Page Two 5. 3 ITEMS CARRIED FORWARD FROM 11/4/92 WORKSHOP (See 11/4/92 Agenda Packet for Backup) 92.220 A. Channel 68 Marina - Richard Fe(Staff Recommendation dated -T0—/29/9 -f ----F- rey Letter dated 10/28/92, Jones Survey dated 9/16/92, DER Notice dated 10/19/92) Following input from Randy Mosby, Mosby & Associates, representing Richard Fey, and a lengthy discussion among Mr. Mosby, the Director of Community Development, City Manager and City Council, motions were made as follows: MOTION by Holyk/Reid lineI would move that we accept the riparian rights VOICE VOTE on the motion carried 4-0 (Powell absent) MOTION by Holyk/Reid I would move that we allow the existing dock facility in its present location. VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Corum I would move that we grant Mr. Fey's request to allow the tie poles within one foot of riparian rights line beyond 200 feet from the shore line on the north side of his dock. VOICE VOTE on the motion carried 4-0. (Powell absent) The Director of Community Development noted that the following issues were necessary for comment to Department of Environmental Regulation. MOTION by Holyk/Reid I would move that we accept the deck addition with the 100' square foot building for fuel facilities. VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Reid I would move that we accept the design for the channel markers and marina identification sign. E Regular City Council Meeting November 18, 1992 Page Three VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Reid. I would move that we allow the current owner to continue the maintenance dredging of the submerged lease area. VOICE VOTE on the motion carried 4-0. (Powell absent) 92.262 B. Permitting Skydiving Activities at the Sebastian Municipal Airport and Leasing Airport Property (Staff Recommendation dated 10/29/92, Report of FAA Rulings, City AttorneyLetter dated 10/28/92) The Finance Director and Airport Manager gave brief reports recommending that an FAA safety study be conducted, followed by City Manager input. Clay Price, Skydive Sebastian, Inc. addressed City Council. TAPE I - SIDE II Following a lengthy discussion relative to public safety issues and lease proposals, motion was made. MOTION by Holyk/Reid I would move that we direct staff to negotiate diligently with Skydive Sebastian, Inc. to promulgate a set of rules to protect the public safety and allow Skydive Sebastian, Inc. to piggyback onto an existing lease but that the city not waive any terms of the current lease with that tenant and concurrently request the FAA to do a safety study regarding parachuting at Sebastian Airport with all due haste. VOICE VOTE on the motion carried 4-0. (Powell absent) Mr. Oberbeck called recess from 8:10 p.m. to 8:20 p.m. All members were present when the meeting reconvened. 3 /Aft� City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 August 25, 1992 CERTIFIED MAIL P360 591 916 Mr. Richard Fey 14405 80th Avenue Sebastian, FL 32958 Reference: ...Channel 68 Marina Dear Mr. Fey: At its regular meeting of August 12, 19920 City Council approved your request to allow the placement of tie poles with a 10 foot minimum setback from your north riparian rights line. This approval was based on information provided by you and your engineer of record. The City Council also directed staff toinvestigate the location of the existing boats that are moored on the north side and determine any encroachments that may exist within the setback (10 feet) and our. riparian rights of the yacht club property. After careful review of a survey by Masteller. Moler & Reed, Inc. dated 8/2/90, a site plan prepared by the same firm and a field inspection of the property. I have concluded the following: 1. The survey (dated 8/2/90) indicates an existing dock, approximately 231 feet in length and the dock projecting out to the east is not on a 90 degree angle with your bulkhead (rear property line). 2. The site plan that was prepared for your dock extension indicates that the existing dock was on a 90 degree angle with your bulkhead and indicates all of the proposed improvements to meet the 25 foot setback from the north riparian rights line. 3. A field inspection was conducted and both property corners on the north side were found and staked. A "Line of Site" observation was made and determined that several boats (Simbar, Miss Fey Lady) are encroaching into the City's riparian rights. This inspection also indicates that your new dock extension encroaches into the 25 foot setback by approximately 20 feet. 0!7.,2�o •• _ Mr. Richard Fey August 25, 1992 Page 2 In my opinion, the site plan that was prepared by Masteller, Moler & Reed did not take into account the proper angle of the existing dock thereby, the new dock extension extends closer to the north and is approximately 5 feet from the furthest northeast portion of the dock to the north riparian rights line. Based on the above findings and previous direction from the City Council and to have a correct set of plans, I have no alternative but, to require the following within 30 days from receipt of this letters 1. An accurate as -built -drawing prepared by a registered land surveyor depicting the existing location of the docking facilities and interval measurements every 20 feet between the north riparian rights line and the existing dock facilities. 2. Based on our information afforded to us at this time regarding your existing location of your dock facilities and confirmation from your as -built -survey, you will need to obtain the City Council's approval to allow your existing dock facilities to remain within the 25 setback. 3. All watercraft that is moored at your facility must maintain a minimum of a 10 foot setback from your north riparian rights line. If you have any questions concerning this matter, please do not hesitate to call me at 589-5537. Sincerely, ruc o er bt'recto of Community Development BC/gk rfey. wp W City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: REQUEST FROM MR. RICHARD FEY REGARDING CHANNEL 68 MARINA Approved For Submittal By: City Manager EXPENDITURE REQUIRED: AMOUNT BUDGETED: Agenda Number: "T�• 09,2c) Dept. Origin: Community Development ��p Date Submitted: 10/29/92 ( B C )G�C. For Agenda Of: 11/04/92 Exhibits: 1. Letter dated 10/28/92 from Mr. Fey 2. Letter from Bruce Cooper dated 8/25/92 3. Survey by David Jones dated 9/16/92 4. DER notice for comments dated 10/19/92 SUMMARY STATEMENT APPROPRIATION REQUIRED: At its regular meeting of August 12, 1992, the City Council approved Mr. Fey's request to construct tie poles (pilings) ten (10) feet from his north riparian rights line subject to the following: 1. Mr. Fey will relocate the dolphin poles for the Simbar Boat within 6 months. 2. During the construction and renovation of the dock facilities, Mr. Fey, at his own expense, shall replace both channel marker poles with appropriate signage located directly east of the boat ramp. 3. All vessels that are moored at Channel 68 shall be a minimum of 10 feet from its north riparian rights line. At that time. staff investigated the concerns regarding the actual placement of the existing dock and the vessels moored on the north side. As requested, Mr. Fey had an independant survey prepared to determine the actual placement of the dock. Mr. Fey's survey does in fact indicate the dock on an acute angle with the north side of his rear property line. ka Page 2 The surveyor has indicated the riparian rights line on a 90 degree angle with the rear property line (bulkhead) which indicates a 17.1 setback for the dock at its closest point to the north side. At the time staff presented the scenario of the riparian rights line and its relation with the dock, staff utilized and extended the north property line, from west to east, indicating an approximate 5 foot setback. Staff has penciled in this same scenario on Mr. Fey's survey which confirms staff's theory, at that time. I have checked with the D.N.R. legal division and surveying section to determine their definition of riparian rights line and its proper location. Mr. Bill Robinson (legal) and Simeon Smith (Public Land Surveyor Supervisor) have informed me that the actual determination of the location of riparian rights is a civil matter between the adjoining Property owners but, Mr. Smith did state Mr. Fey's survey utilizing a 90 degree rule is reasonable and standard for this type of waterway. Utilizing my theory and extending the side property lines on the same' angle is commonly utilized in a deadend channel with lots surrounding the curve of the deadend. The City Council needs to determine the following: 1. Whether or not to accept the alignment of the riparian rights line as depicted by the survey of David Jones dated September 16, 1992. 2. Allow the existing dock facility in its present location. 3. Grant Mr. Fey's request to allow tie poles wihtin one (1) foot of the riparian rights line. The Florida Department of Environmental Regulations has requested comments from the City of Sebastian as adjacent property owners regarding Mr. Fey's request for the following: 1. Deck addition with a 100 sq. ft. building for fuel facilities. 2. Tie poles within one (1) foot of both riparian rights lines. 3. Channel markers and marine identification sign. 4. To conduct a maintenance dredge of Mr. Fey's submerge lease area. Staff will defer any comments depending on the City Council's action. RECOMMENDED ACTION Review the request of Mr. Fey and determine appropriate action. REMOVED t 114 1992 _--___~-_--______ CHANNEL 68 MARINA, Inc. P.O. Box 0936 Roseland, F1. 32957 (407)589-2628 Mayor Lonnie Powell & City Council, Due to the recent findings regarding my property, Channel 68 Marina, 806 Indian River Dr., Sebastian, I am respectfully back before you for one additional request. The following brief history of my situation with the aforementioned property will help you better understand my situation. In 1990. I purchased what was formally known as the "Riptide Marina" from Mr. Coulter. Mr. Coulter sold me the property with approved plans and permits from The Army Core Of Engineers, DNR, and the City, for the expansion of the existing facility. With the approved plans and permits, I constructed and extended the dock to approximately 226' in length. The extension was based on all plans and permits depicting the dock at a 90 angle with my rear property line. Recently, I came before you to request permission, as an adjacent property owner, to allow the installation of timpoles with a minimum 10' setback. At that time there were questions raised regarding the location of the dock in relation to the Raparian Rights Line. As requested by the city, I had an independent survey of the dock and the expansion. This survey confirms that the dock is not at a 90 angle with my rear property line, and that the closest part of the dock is 17.4' from our cdommon-Raparian Rights Line. My request is as follows; 1 -Allow the existing dock to remain in its present location. 2 -Construct Tiepales 1' from the Raparian Rights Line. 3 -Allow the mooring of vessels up to the Raparian Rights Line. Even if this request is granted, I will still be seeking civil remedies. I have been a businessman in this community for eight years. In the two years that.I have owned this marina, I have tried to improve this facility in keeping with the riverfront district. Since my engineer has informed me that this additional nine foot request would not be injurious to Beat traffic for your ramp, I respectfully request the above mentioned be granted. Since. our last meeting, I have relocated all boats out of the Raparian Rights'Line, with the exception of "The Simbar"Charter Boat. They have, however, been notified of your six month extension. Thank you for your time and consideration in this matter. Sincearly, Richard Fey, Pres. M MASTELLER & MOLER, INC. - CONSULTING ENGINEERS - November 3, 1992 Mr. Bruce Cooper Building Official City of Sebastian Post Office Box 127 Sebastian, Fl 32958 RE: Marker 68 Marina Sebastian, FL Dear Bruce: It has come to our attention, contained in a Press Journal Article City will be considering allowing ar riparian rights by improvements at t the City of Sebastian's Yacht Club. herewith for your file, a copy of t Resources' Submerged Land Lease fc property for your use. Jf RECEIVED Nov 1°91 CITY CLERK'S OFFICE based upon information November 3, 1992, that the ,alleged encroachment of he Chanel 68 Marina onto As such, I am enclosing he Department of Natural r the Chanel 68 Marina The submerged land lease prepared by James A. Fowler Land Surveying Company on behalf of the former owner of the Chanel 68 Marina site, Gordon P. Ripma and Ben Coulter, clearly depicts the exact location for the submerged land lease relative to the uplands of the project site. In addition, the submerged land lease plan depicts all proposed dock extension improvements to be located within the riparian rights as established by James A. Fowler, PLS. It is the document which represents the actual proposed location for the dock improvements. The Fowler submerged land lease plan clearly depicts that the riparian rights lines for the Chanel 68 Marina were interpreted to be at an angle of 90 degrees to the easterly upland property line. As the bearing on the riparian rights line is indicated to be North 69 degrees 15 minutes East, it is not parallel to the north property line which runs at North 70 degrees 45 minutes East. The actual riparian rights setback area, therefore, slightly overlaps the property line extended. ❑ 1623 N. U.S. Highway 1, Suite 82 7380 Murrell Road, Suite 106 Sebastian, FL 32958 Melbourne, Florida 32940 (407) 589-4800 (407) 255-1175 (407) 589-2742 Fax (407) 253-4439 Fax Mr. Bruce Cooper 03 -Nov -92 Page 2 (1901s, To our knowledge, neither Masteller & Masteller, Moler &Reed Moler, Inc., contacted to field stake and/or observe James A. Fowler were completed dock extension erne construction of the now therefore, whether or not thecompleted t. We cannot confirm, was staked out by a Licensed FloridaSurveyordock in order project Condition #12 of the DNR Permit was fulfilled. r in order that s Condition #12 indicates that "Within 10 da construction of the a y following completion of paff davit sitructes' the lessee shall submit to the lessor an certified by the Florida Board of Professiogned nal Land properly verifying that all structures and Land Surveyors located entirely within the area coveredby actleas area are the configuration is consistent with is lease and that (Attachment A is the legal description and m Attachment n 11 Plan of survey specifically describin thetes and bounds improvements extension project), g e proposed dock It should be noted that neither Masteller & Mo and/or Masteller,an Moler & Reed, Inc. have ever ler, Inc. survey to determine the submer ed Performed a eas document is intended to specificallydescribe area which e where proposed dock extension improvements were to be const the ructcted. It is the recommendation of Masteller & Moler, prior to taking any action on this matter an ' Inc. that Of the dock improvements as -built survey Fowler Land Surveying Companyotocdetermincompleted by James A. dock extension improvements meet the intent or not the Land Lease. the Submerged Sincerely yours, STELELR & MOLER, INC. Stephen E. Mole Executive Vice President SEM/vk Encl• cc: Lonnie Powell, Sebastian Mayor Frank Oberbeck, Council Member George Reid, Council Member Peter Holyk, Council Member Carolyn Corum, Council Member Rob McClary, City Manager (SEM1103 . doc) M f 49 -VY BOARD OF TRUSTEES OF THE 1NTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA MODIFIED SOVEREIGNTY SUBMERGED LAND LEASE NO. 311108444 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Lessor, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fee hereinafter provided, and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does herebv lease to RIPTIDE MARINA, INCORPORATED, hereinafter designated as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section(s) 06 , Township 31 South, Range 39 East., in the Indian River, Indian River County, containin€, 32,325 square feet, more or less, of sovereignty lands, more particularly described and shown on Attachment A, dated May 1, 1986. TO HAVE THE USE OF the hereinabove described premises for a period of 5 years from May 24, 1988, the effective date of this lease. The terms and conditions on unci Cur Which this lease is granted are as Follows: 1. The Lessee is hereby authorized to cr.,nstruct ;and operate exclusively p Li commercial marina facility, without: furling facilities, without seware pumpout facilities, and without liveaboards, as shown and conditioned n Attachment A, and the Department of Environmental Regulation Permit No. 311574024, dated March 20, 1989, Attachment B. 2. The Lessee Hereby agrees to pay an initial annual lease fee, plus s;31es tax pursuant to Section 212.031, Florida Statutes, if applicable, of 2,599.20 plus any additional balances due as determined by the Department of Natural Resources as agent for the Lessor pursuant to Chapter 18-21, Florida Administrative Code. The annual fee for the remaining years of the lease shell be adjusted pursuant to provisions of Section 18-21.011, Florida Administrative Code. The Lessor will notify the Lessee in writing of the amotirat and the due date of the annual payment. The lease fee shall be remitted annually to the Department of Natural Resources as the agent for the Lessor, beginning with the effective and due date of this lease, and each year thereafter until the term of this lease terminates or expires. 3. The Lessee shall secure, maintain, and keep all records for the entire term of this lease, plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records :and accounts for lease payment verification purposes by the Lessor andjor its duly authorized agent. SLL.I 4. For purposes of this lease, the Lessor and/or any other duly authorized agent of the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 5. The Lessee agrees and shall provide upon request by the Lessor :any and all information required from the previous year, certified true and correct, needed to calculate the lease fee specified in paragraph two (2) above. The Lessor reserves the right to assess retroactively additional payments when the actual rental rates or total number of linear feet for rent, used to determine the annual payment, differs from the rental rates or total number of linear feet for rent, supplied by the Lessee. 6. The Lessee shall pay a late charge equal ,to interest at the rate of twelve percent (12%) per annum from the due date until paid on any lease fees or other charges due hereunder which are not paid within 30 days of their due dates. 7. The Lessee, in accepting this lease, does hereby agree that no claim of title or interest to said lands hereinbefore described shall be made by reason of the occupancy or use thereof; that all title and interest to said land hereinbefore described are vested in the Lessor. 8. The lease granted to the named Lessee shall not be subleased, assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Any sublease, assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 9. This .Lease is given to the Lessee to use or occupy the leased premises for those purposes specified herein. The Lessee shall, within ten days prior to any change in the approved use of the sovereignty lands or the associated upland activity, notify the Lessor in writing of the proposed changes whereupon the Lessor shall be authorized to adjust and prorate fees pursuant to Chapter 18-21, if applicable. 10. The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall he knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 11. The Lessee agrees to maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. This includes practices such as, but not limited to, placing sharpened spikes or nails on the tops of pilings to prevent pelicans from roosting. The Lessee agrees that the leased premises are subject to inspection by the Lessor or its designated agent at any reasonable time. 12. Within ten (10) days following completion of the construction of the approved structures, the Lessee shall submit to the Lessor an affidavit signed by a person properly certified by the Florida Board of Professional Land Surveyors$ verifying that all. structures and preempted activity area are located entirely within the area covered by this lease, and that the configuration is consistent with Attachment A. 13. The Lessee hereby covenants and agrees to investigate all claims of ever), nature at its expense, and to indemnify, defend and hold and save harmless the Board of Trustees of the Internal Improvement Trust Fund and/or the State of Florida from all claims, actions, lawsuits and demands arising out of this lease. 14. Renewal of this lease shall be at the sole option of the Lessor. Such renewal will be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. The Lessee shall be allowed a 30 -day grace period after expiration of this lease to Page 2 of 21 Pages Sovereignty Submerged Lands Lease No. 311108444 /O�1 apply in writing for a renewal. If the Lessee fails to apply for a renewal within the grace period, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at his expense. 15. The Lessee agrees that upon expiration or cancellation of this lease, unless renewed, all permission granted to use, occupy and operate the facility, as described in item 1 of this lease, upon the lands as described in Attachment A shall cease and terminate. 16. If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises within 180 days after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in item 19 or at such address on record as provided to the Lessor by the Lessee. 17. Anv costs incurred by the Lessor in removal of said structures and equipment shall be paid for from the proceeds of sale of such structures and equipment. If funds derived from the sale of structures and equipment are insufficient to pay removal costs, the Lessor shall have, and is hereby granted, lien upon the interest of. the Lessee in its uplands enforceable in summary proceedings as by Low -provided. 18. No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of ally provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon Ony renewal thereof or in the event of subsequent breach or breaches. 19. That the Lessee, by acceptance of this lease, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the ' Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein, this lease may be terminated by the Lessor after notice in writing by certified mail to the Lessee. Upon receipt of such notice, the Lessee shall undertake to correct such noncompliance(s) or violation(s) for which the Lessor has given notice within thirty (30) days of receipt of the notice or the Lessor, at its option, shall be entitled to cancel this lease and, if cancelled, all of the above-described parcel of land shall revert to the Lessor. All costs, including attorneys, fees, incurred by the Lessor to enforce this provision shall be paid by the Lessee. The Lessee, by acceptance of this lease, agrees to accept service by certified mail of any notice required by Chapter 18-14, Florida Administrative Code, at the following address: Riptide Marina, Incorporated 825 South U. S. Highway One, Suite 370 Jupiter. Florida 33477-5973 The Lessee agrees to notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 20. The Lessee agrees to assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 21. The Lessee agrees that no vessel required to be registered or titled under Florida law shall be allowed to moor- or dock within, or otherwise use the leased area unless such vessel is registered or titled in accordance with Chapter 327 and 328, Florida Statutes. Page 3 of 21 Pages Sovereignty Submerged Lands Lease No. 311108444 22. The State Lands Supervisor, Bureau of Submerged Lands Management, shall be the Contract Manager, 23. The Lessee, at its own expense. shall record this lease and any subsequent approved renewal and/or modified leases in the official records of the county within which the lease site is located within ten (10) days after receipt of a fully executed copy of this lease, and shall provide the Lessor with a copy of the recorded lease indicating the book and page at which the lease is recorded. 24. NOTICE: The erection or placement of any permanent, temporary or floating structures including, but not limited to, additions to the approved structures, fences, docks or pilings and any structure whose use is not water -dependent, without consent or authority from the Lessor, shall be a violation of Chapter 253, Florida Statutes, and subject to administrative fines under Rule 18-14, Florida Administrative Code. 25. At all times during the term of this lease, the Lessee shall. maintain a free simple or title interest in the upland property and if such interest is terminated, at the option of the Lessor, the lease may be terminated. Prior to sale and or termination of the Lessee's fee simple or title interest in the upland property, Lessee agrees to inform any potential buyer of the Lessee's upland property and or title interest of this lease and all its terms and conditions and to complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to dry so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which includes, but is not limited to, payment of all fees and or penalty assessments incurred prior to such act. 26. The Lessee hereby agrees not to discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap. or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 27. Lessor and Lessee agree that Lessor has venue privilege as to any litigation arising from matters relating to this lease. Therefore, any such litigation between Lessor and Lessee shall be initiated only in Leon County, Florida. 28. This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing and must be accepted, acknowledged and executed by the Lessee and Lessor. 29. In the event that any part of any structure authorized hereunder is determined by a final Adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights. Lessee agrees to either obtain written consent for the offending structure from the affected riparirnn owner or to remove the interference or enc.roaclunent within GO days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of Lessor. 30. Lessee shall place and maintain covered, secured trash receptacles, preferably of -50 gallon capacity, of a sufficient number and at appropriate locations on the overwater structures within the leased area to encourage facility users to discard litter in an acceptable manner and prevent litter from being discarded into the waters of the State. Immediately adjacent to the trash receptacles. Lessee shall post signs the size of which shall be at least as large as 18" x 24" with white lettering on green background to carry an appropriate message such as DON'T BE A LITTER BUG; PLEASE PLACE TRASH IN RECEPTACLE; or TRASH RECEPTACLE. Page 4 of 21 Pages Sovereignty Submerged Land Lease No. 311108444 31. SPECIAL LEASE CONDITIONS: a. The Lessee shall record a conservation easement for 125 feet of shoreline to run with the land, in perpetuity, prohibiting any additional docking facilities or any other such development along the Lessee's shoreline. The Lessee shall provide documentation of said recording to the Lessor within thirty days of Board action and prior to the Lessee's receipt of the final executed lease. b. Reflective markers and navigation lights shall be installed and maintained at all distant corners of the facility, at the ends of each pier and operated at night or when adverse weather occurs. c. The Lessee hereby agrees to install and maintain manatee awareness signs, in locations and in a format acceptable to the Marine Research Institute, advising boaters to exercise extreme caution due to the presence of manntees in the area. Additionally, the Lessee agrees to install and maintain manatee informational displays, in locations and in a format acceptable to the Bureau of Marine Research, informing the boating public of the habitat and mannerisms of the manatee and potential threat boats can impose on the continued existence of the endangered manatee. Installation of these signs shall be accomplished within sixty days prior to completion of construction of the facility. The Lessee hereby accepts the responsibility to contact and comply with the requirements of the Marine Research Institute (100 Eighth Avenue, Southeast, St. Petersburg, Florida 33701-5095) prior to completion of the construction of the facility. d. The Lessee hereby agrees to ensure that all vessels moored at this facility will be made aware of the danger boats can rause to the endangered manatee when the boat is operated above slow speeds when the vessel is in grass flats or areas shallower than four feet. e. The Lessee hereby agrees to ensure compliance with the specific stipulation of this lease that no less than 28 slips will be made available exclusively to non -power vessels such as sailboats. No power craft will be allowed in these slips. f. The Lessee shall place and maintain riprap along the base of the existing seawall to extend from the mean high water line to not more than ten feet waterward. This area shall be maintained as necessary to keep the area clean and free of debris. g. The Lessee hereby agrees to prohibit mooring, on either a temporary or permanent basis, to either side of the 75 -foot long face of the main access dock approximately 238 feet waterward of the existing seawall. To ensure compliance, the Lessee agrees to place and maintaili (1) three-foot high railings around the entire perimeter of the structure; and (2) signs advising the public that mooring either on a temporary or permanent basis is prohibited in this area. Page 5 of 21 Pages Sovereignty Submerged Land Lease No. 311108444 W (SEAL) WITNESSES: STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA BY Director, Division of State Lands, Agent for the Board of Trustees of the Internal Improvement Trust Fund Before me personally appeared Percy W. Mallison, Jr., to me well known and known to me to be the person who executed the foregoing instrument, and Acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of A.D., 19 APPROVED AS TO FORM AND LEGALITY: DNR Attorney DNR Contract Manager WITNESSES: STATE OF COUNTY OF Notary Public State of Florida at Large My Commission Expires: (S E A L) RIPTIDE MARINA, INCORPORATED LESSEE original Authorized Signature President Title of Executing Authority Before me personally appeared to me well known and known to me to be the person who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of A.D., 19 . My Commission Expires: Notary Public State of at Large Page 6 of 21 Pages Sovereignty Submerged Land Lease No. 311108444 f . • PROPOSED LEASE AREA DESCRIPTION'S A Tract of land situate in Section 6, Township 31 South, Range 39 East, Indian River County, The City of Sebastian, Florida, being more particularly described as,follows:. Commence at the Southeast corner of the Southwest quarter of the Sodtheast quarter of Said Section 6;'thence East, along the South line of said Section 6 a distance of 1377.44 feet to the centerline of U.S. Highway No. 1; thence Northwesterly, along said -centerline a distance of 1286.30 feet to the intersection of the South right-of-way line of Cleveland Street in said City of Sebastian with said centerline of U.S. Hwy. # 1; thence Northeasterly,..along said South right-of-way line, a distance of 775.84 feet to the East -right-of-way line of the Old Dixie Highway; thence South 200 451•East, along said right-of-way line of Old Dixie Hw . a distance of 150 feet; thence North 700 45' East, a distance of 210 feet to a point on a y seawall on the Indian River; thence South 200 45'.East along said seawall, a distance of 25 feet to the Point of Beginning; thence North 690 15' East, a distance of 500 feet; thence South 200 45' East, a distance of 75 feet; thence South 691 15' West, a distance of'500 feet to said seawall;.thence North 200 45' West, along said seawall, 75 feet to the Point of Beginning. LESS the North ' 30 feet of the West 75 feet of the East 235 feet and the South 39 feet of the West 75 feet of the East 235 feet thereof. Containing 32,325 square feet or 0.74 acres, more or less. Note: Description created by Surveyor based upon previous boundary description provided by client. Bearings are based on legal description for parent parcel created.years ago. REaua of KK I LF.MU ER "M 6 sol'• Ag« DOEWATER MRK TACHMENT A LOCATION MAP N.T.S. PAGE 7 OF. 21 PAGES SLL NO. 311168444 . APPROVED - FLDNR l BSM Dater A.S p r- T64 WS b�rt� o�'! SVJp.•� Y' • �i f � Note: Bench Mark = U.S.C. & G.S. No. F200 @ Main Street and'Lo'uisiana Elevation = 19.70' • JADES A. FOWLER LAND SURVEYING COMPANY' P.O. Dolt le?T 2346' 140- wSvec ewt i'r ,�rt�o;;,.,.auteN� Fi.o�� o� st�� •1 C: 1 �• 1 HEREBY CERTIFY that 1h�ld�4 tl bp*' -4t-"Y Is true and ASI VEYOn S NOiE3 corr*ot to the beet o1 w► knba}c.d Ii-Vifio`1101 6 surveyed finder 1.aspr*dweowes a# 1by 110ETC11 erg w1 valid my e3rootlea,ond that thotfC is -no �ntpacWints except as ooloa oa►*sr*d by trrvgor s seal. 1horA * dnd ?hot on frl�s� [' l�;$�o the • 0�0 101tr0 ;11M improve ' l.Lood sheen heiress was Mt abstracted for Monte were do she rr �1 11I91N Of Way Md/M E699106819 001 ... �r000ied M 11w plot. Pr fissional Und Surveyor 3.Tbls Survey watts low r.Wom 1�*Waso C t i t I oa t• No. 3436 standards sol forth y tir ?bride Mord M LMd 3arroyoi99w •**floe 4?1.029 F.O. STATE OF FLORIDA ' and Chspr+er 21 RK. a 38 TO -L r4921r! 1 W.1 • w SCALE 50' �� S.W. 4VAY NA. I r 0V 0 t pm 'r : . itftf..so' Ekf1TJNp PAVED rrgctr C _ 14 INDIAN RIVER DRIVE ;4i w p1ZOPOSEo 06AKIIl4 t -o -r - EXISTING s"OR[CIN� CNATURAt O rOR 6051 To ` 7.f3o•4e7c. , s°.00' 1480 F� V�U14 furl. n,, sit is.o N.20•4s•W. � �0 a0/ IA7f3 O 1 ` ® O ° 0101Ex13TIN DOCK STRV TYRE * V I 0 ( CR S HATCNEO 1 ® o 91919 IN* DotPNIN MUS / ® / (TYf fCAt) sso ih i I `RIN TYR) f R ® d ' 146 01 • .Rhe f k WOwrq O O Q / M PRO" AMaIGANTA RAAN IA ® S NATURAL a O IlNOattlMt V O ® ° MATCH LINE : RIPARIAN RIGHTS LIME APPROVED-=FLDNR ! BSM Date- Seawall Elevations: South Corner Top = 4.91 North Corner Top = 5.0 ATTACHMENT A PAGE 8 OF 21 PAGES SLL NO. 311108444 «3898-L filftQT f = of 3 CSSSy EXISTIMCM, t xx-4 ® EMS-11WA bosK To BE- MEMWea P2mo6s E 0 Ooc.K 1NCa1AN z1val2— NOTE'; I. ALL bOLPH,01,1 PILL° Ew�Gcz�p�c.H11Jy itlpP+21►.�.t itlt*l- rS A2eA WILL, 131M ftP LOt►"'1•EO f4ft r TO Ew�G2o►•GH - Z. 1000'*- To %M TEq,GOA.S'rPy,• CH N-WORL 3. WI0114 of WA-reraeo0Y ?- ATTACHMENT ATTACHMENT A PAGE 9 OF 21 PAGES SLL NO. 311108444 APPROVED - FLDNR ! BSM Date• k ae`ib- L Floridc^-Department of Envirc 'mental Regulation Central District • 3319 Maguire Bouievard, Suite 232 • Orlando, Florida 32803-3767 Lawton Chiles, Govemor Cams M. Browny, Secrem y October 19, 1992 NOTICE File Number: 31-209091-4 Application Name: Richard Fey OCT z, 199i CITY K S OFFICE The Department is currently processing the attached publication. If you have any comments on, or objections to this project, please submit them in writing to this office on or before November 10, 1992 Please refer to the applicant's name and file number in any correspondence to help facilitate processing. Questions concerning this project should be addressed to Tamv Weingarden cc: Riverview Park Sebastian Yacht Reprled A Paper 9a. 2ao Florida Departm o �'nviron»iental Regulat' �'` '""�° �`" "'"`"'"'°"'dam"°' f lam% _ Tpp"�r-� office Bldg. + 2ex,� Blair Stone Ro2d • i�llahatscc. Florida 32399-_ _ J , •i �.. v � OEC �iio�c•.cr• ►•o ` Jrr • er...p :� CEM "rr p oaf , , / ,'3 . 192 Joint Application:. .:. •..� rr � ?for Works in the Waters of Florida QWPAU 818161 the Army (Corps)/Florida Department of Environmental Reg ulat}bn-(QER)/ Department of Natural Resources (DNR)/Delegated Wates Management District (Deiogated WMD) Type or Print Legibly Corps Application Number (official use only) DER Application Number (offiVa use only) 1. Applicant's Name and Address Name R '.chard Fey Last Name, Fiat name tit fndlwdunf): COFM618 Name: Name Of GOA' AQor�ry Street 1673 North U.S. Hghway No. 1 Suite A-5 CitySebastian State Florida Zip 32958 ' Telephone ( 40 7 3 8 8— 2 717 (Day) 4i 0 7 589-6660 (Night) 2. Name, Address, Zip Code, Telephone Number and True of Applicant's Authorized Agent NameLa_Mosb , Randy --L. u Ntune, Fast Norrie Corporate Name; Name of Govt. Agency Mosby & Associates, Inc Street 1507 — 20th Street City Vero Beacli State Florida Zip 32960 Telephone (_127 569-0035 (Day) (Night) � Waterway at Work Site: Indian River ( Class III) 3. Name of Y 4. Street, Road or Other Location of Work Indian River Drive- Incorporated Cityor Town City of Sebastian 39E Section 6 Township 31S Range Section Township Range Section Township Range County(ies) Indian River County Coordinates in Center of Project: . -1 Federal projects Only: x - Y 2 7 C 48 00 Longitude 80 * 2 45 .. Latitude - Plat Bk Pg Lot Block • Subd Directions to Locate Site: S. R. 512 to Indian River Driv River Drive (1/4 mile 5. Names, Addresses, and Zip Godes of Adjacent Property Owners Whose Property Also Adjoins the Water (Excluding Applicant). Show Numbers or Names of These Owners on Plan -Views. If More Than Six (6) Owners Adjoin.the Project, You May Be Require to Publish a Public Notice for the DER. See Attache 1. See Attached 2• See Attached 3. West (North) (East 4• See Attached 5- 6. (South) J. Poo* t d t •.....r.t h�O C•.sM l7•+•cs SOVW--4 C --d i?W EMs p? 9. los ca. yM• ♦.% Tiro. A f•grr...�.t P�•.1 1 • Y aS�V C1►. Iv AP-1v«.w y.w 9 -•►-n .p G>-•.ry S.v fl:0f1. :.'y v a�rn..ra� +Y 3] 9 u✓T/bV. �7!OYTrap �.noa. r{ryw moo yt 1+..ti Ff.ru .I7vOt .lrrs Fvs•vv J?riirSF7'� • 77 Vi61 +; 337 01r7 o.. 1 . T pryYtl r f MA Fop, i1M bwt Aabr V%b ri tw Yeam d P6-%* ESM o.. 000r ' IQ Mo Of aWrtaYOn Np 11090 01 or 01AI .1p G. Propos ld Usti (Ch(:ck One or mora as apl�licat)n) Priv is Single Family ❑ Multi F¢trn,ly❑ Public❑ Commercial ❑ New Work ❑ Aherat:on of Existing VVorks 9j Maintenance❑ Other (Explain) 7. Desired Permit Duration (see Fee Schedule) I - 5 Yro 10 Yr❑ Otter (Speaty) a General Permit or Exemption Requested DER General Permit FAC Rule 17-312. Iz DER Exemption FPC Rule 17.312. Section 403. F.S. 9. Total, Extent of Work in Jurisdictional Open Waters or Wetlends: (Use additional sleets and -provide complete breakdown d each category N more space is needed. I ,- Ykm►+:+,a: a. Within Corps Jurisdiction: Fill: NONE Sq. FL NONE Acres 'NONE Cu. Yds Excavation: 3 8 , 0 2 5 Sq. FIL - $ 7 Acres -1854--- Cu. Yds h Within DER Jurisdiction: Fill: NONE Sq. FL -...,z NSF -...•.., OdAcres NONE Cu. Yds Excavation: 38 025 So. FL _ 8 7 Acres' 18,54 Cu. Y&s% brrration Waterward of MHW 1854 cu. yds (Information needed for DNR) afflmh a DER Jurisdictional Area Severed (Area Landward of Fill Structures wt*:h will be Severed): ` �3 none �, Ft. NONE Acres r: d. DER Jurisdictional Area Created (New E>rz ation from Uplands, E> dusive of Mitigation): !r 31, �� y NONE Sq fr NONE A�;res 67 to be removed e Docks. Pers. and Overop�uces% 139 to be added 'Total Number d Slips�i�}; ��_� Total Number of Mooring Pilings Length Rx _ MHW Height �_23-2—+• Length . d 5 0� w� 10 Proposed-56 above MHW 3-2—+ Number of Finger Piers . Exis t 27 'I 12 4*WM 3 Height Number of Finger Piers Prop - 2 9 Length 2 0 Width 3Height Tptal area d structure over waters & wetlands Existing 4332_S._jF Propos .+rl 9,764 S. V. IL Use d structure Marina Will the docking facility provide: No Yes Number ❑ ® 8 slips Livcaboard Slips - _ 1 [I ® pumps Fueling Facilities' F]I Q s t a t i� Sewage Pump -out Facilities Other Supplies or Services Required for Boating (E)rjuding refreshments` bait and tackle) ❑ 1. Seawall length N / A IL Seawall material N / A Riprap revetment length N/A IL 8tope N A H: NLA V Toe width ._DI,'CA it Riprap at toe d seawall length N / A Slope N / A H: N A V Toe width _1�I / A Size of riprap N / A Type of riprap or seawall material '''` �"> • . g. Other (See here 10). Payr 2 d 4 +t•4� "' sow•. t,`.iort_I�.10r Wry+ n � wtiu.+ d R�•7+ Esso. -4 0M D=Cwf la IM CKA woocrw NO rr•►w .• a 0£04 10. Description of Work (be Specific; use additional sheets as necessary). i Project Purpose: 1. To provide safe dockage for up to 504 long vessels 2. To provide public with access to fueling and sewerage pump out facilities 3. To provide safe passage to marina from Intracoastal waterway 11. Turbidity, Erosion, and Sedimentation Controls Proposed: Turbidity control measures such as the use of turbidity curtains shall be incorporated in order to contain waters discharged back to the Indian River from the proposed spoil site, & limits of dredging, 12. Date ActivTty is Proposed to Commence S. When permits are i.s>r Completed Within 1 year One -Year Total Time Required to Construct la Previous Applications for this Project have been: DER Na Corps Na 31-157402-4 851TK-21065- A. Denied (date) a Issued (fie) 3/20/89 C. Other (please explain) Differentiate between existing work and proposed work on the drawings. 14. Certification. Application is hereby made for a permit or permits to authorize the activities described herein. A. I Certify That: (Please check appropriate space) • ' 1. 1 am the record owner R9 , lessee ❑ , or the record easement holder ❑ d the property on which the proposed project is to be undertaken, as described in the adached legal document 2. 1 am not ❑ the record owner, lessee, or record easement holder of the property on which the proposed project is to be under- taken, as described in the attached legal document, but 1 will have, before undertaking the proposed work, the requisite property interest (Please explain what the interest •will• be and how it will be acquired.) Attach legal description of property or copy of deed to the property on which project is to occur (must be prvvlded) 8, I understand I may have to provide .any additional information/d,-da that may be necessary to. provide reasonable assurance or evidence that the proposed project will comply with the applicable Stale Water Quality Standards or other environmental standards both before constn -ton and after the project is compteted. C. In addition, I agree to provide entry to the project site for inspectors with proper identification or documents as required by law from the environmental agencies for the purpooe of inspecting the site Further, 1 agree to provide entry to the project site for such inspectors to monitor permitted work, if a permit is granted. D This is a Joint Appfica and is not a Joint Permit. 1 hereby acknoMedge the obligation and responsibility for obtaining all of the required stats federal or local permits before commencement of construction. I also understand that before commencement of ttvs proposed project, I must be granted separate permits or authorizations from the U.S. Corps of Engineers, the U.S. Coast uard. the Natural Deeartment d Errvirorvnental Regulation, the .Delegated Water Management District (where applicable). and the Departnwnt of 'q Resources, as necessary. Pspr 3 d F.' 1 (IEA r+yrw fwm roe Jo" iatr Wo in 4w Wows d Ptio OEA �owta.v �+o E. I am familiar with the information contained in this application, and that to the best of my knowledge and belief. such Information Is ! true, complete and accurate I lunher certdy that I possess the authoMy to undertake the proposed activities or am acting as the duty authonzed agent of the applicant. I understand that knowingly ma g ary false statement or re resentaiion In this application is a i violation of Section 403. t61, F.S. and Chapter 837. F.S. 7 Randy L. Mosby TypedlPrinted Name of Applicant or Agent (Corporate Title if applicable) AN AGENT MAY SiGN ABOVE IF APPLICANT COMPLETES THE FOLLOWING: 02/21/92 Date I hereby designate and authorize the agent listed above to act on my behalf as my agent in the processing of this permit appoca- tion and to furnish on request, supplemental irformation_in support of the application. Richard Fey Typed/Printed Name of Applicant (Corporate Title if applicable) , Notarization: 02/21/92 Date Sworn and subscribed before me at Indian River County, Florida this 21st • day dFebruary , 19 92 N � Notary Public, State of Florida MY Counissim Expires Nov. S, 1993 My commission exp(res: 8011`I`d Tiro Troy Fain - Insvronco Inc. 15. For your Information; Section 370.034. Florida Statutes, requires that all dredge and fill equipment owned, used, leased. rented or operated in the state shaft be registered with the Department of Natural Resources Before selecting your contractor or equipment you may wish to determined this requirement has been met. For further informabon• contact the Chid of the Bureau of Saltwater Licenses and Permits. Department of Natural Resources, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399. Telephone No. (904) 487-3122. This Is not a requirement - for a permit from the Department of Environmental Regulation., 18 US.G Section 1oo1 provides that. Whoever, in arty;manner within the )unsdiction of any department or agency d The United States knowingly and willfutry falsities, conceals. or covers up by any trick scheme• or device a material fad or makes any false fictitious or fraudulern statements or representations or makes or uses any false writing or document knowing same to contain any false. fictitious or fraudulent statement or entry, shalt be fined not more than 510,000 or imprisoned not more than five years, or both. 1& please submit this completed form. Wth attached drawings and the compiee DER processing fee (see Fee Schedule in FAG Rule 174.050(4;(c), copy attached) to the appropriate DER or Delegated WMD cffics with Jurisdiction oyer the project site... • . Popo 4 d 4 I oi FEB 2 4 1992 CENTRAL FLORIDA DISTRICT WRM aWHe, R- . RIGI-�4R� F� 1u73 rlo(lTH lJ.S.�Hi/�NWo�' No tiLIITG A-ri �F�io-sria-I-I , i%Lo��G� 32`158 11oRTrf SeP�ahrlArl YA"-rHr e -L jr� G TY of A- ar-I ' i; tJ (ZI JE��I G I,J PG-f=f�- G 11Y or- To f To yo' Lorly JvLs. 2• '(O PIZ�lIG� }'LIPiLI� W'jH�S Ta FUELIrIv blyT2 SrE¢� pUM� 3. pPci-� IrlrTzp�pP�raL t.-1P�rLl.�l61' �GGri oi-I u Tom I rl srl I F7 31 5 Fayvr- 391; I.oNL-TIJOL : ecc ' Z-7' qui" Lor rUrJf�- Z-7'At-, EG -s war �IJgLIG �I�Nr-�- W'Y Pio' POfL I N rel dr -I RI.iGfL fitzl J� FOE.fZ. # 31-IZ'Igo2-4 C is�ilE>' 3/zo/89) F.I�E.a. � 85 ZrI� - 21o�y5 MOSBY ACD ASSOCIATES, INC.I GrI P ri rI �L C�8 f'Io Rl ri EB/ Z H �r 2 of II � HoSII- P zH le --H I Jrl,s, P -t FEB 21-11992 CENTRAL DISTRICT WRIA P4,eCEL NUP/BE.P i9ME f"iom fhd Soufhw¢Jt corrrer.of jlhat,pro�¢r/ef herr/ofoi-m canvdyrdby %fou/� Str✓rnson and f/az¢/T. Si¢✓¢n-torr, h�a w.�¢, fo Garo cro/Lh✓¢/o�oMcrrJ` Gorpory f/on by Gird do1¢d Ocfob¢r 4, / 957, hae/ taco, dsd or G�fvbrr /o, /957, 7Ir Off%cio/ .P¢cordJ 60OA- /radion Rii"¢r- Goorsfy, f/arida, Petards fra�n said Fbiif-of 8¢c�irr�ri�g fh¢rrcr run Sau/h to° SFS'6o�f od.stagcc of /ZS fe¢f; tfiancs Nort/r 70' 45'Easf a dilfanc¢ of Zo f¢cYmore of /c --r-4, Yb th¢ Ri¢st bonK of the /rsrJiarr .Pira/ //,ante rnLtand¢ring iUorf/+Pr/y o%n9 th¢ W¢sYbo..Eoffh¢ /.rsionk'iv¢rvd�3fonce of /25 f¢¢r', /riot¢ or /¢3s, 1b npoii�t of riyfitorg/c3 10 fha /�airr}-of-Bogi%�r�.%x�: f/rvsc¢ Sou!/r 70'45' Wc1f o d%sfo�ct of 20 f¢¢t, isroir or /cJS, to �S�it of-Bcgi:sr�A:rg, Yogrf/a¢r wifh o//.Pij�orios• ,Piyh7�1 )`h¢r¢urfo oP�ocrtoi.�,:rg; o// of sa.o� /and b¢.irg in Go✓¢/nm¢rrf Zo/ 7 S¢cf%on G, Taw.rsh j� 3/dou�Ys, �Pairg¢ 39 EoJt,' said /grad b¢ing the /2Sfc¢Y adjocairtYo and corti5ruouJ Yo fhe /acrd har¢lofore con✓¢y¢d 1a Gr.�ero/O¢ve/opmcnt Cor�ooro7`ion, 03 h¢reinb¢{arc ct'2JCribcd. RARCEL AIL/11,10ER TWO ThoY carfoiir Trac/ of 47174,'1i7 th¢ C.fcf oJ` T¢ba6ii art, /n diorr Pi✓ev G'ounty, F/or��a'4, /y.%rg oizdb¢.ir9 in Sacfior G, 7ow.rsh,�o 3/ Sou7`h, .Pant 39 EosY ondmor¢ porficu/or/y ca'cscrii5 ed os fo//awS: fio�n !hc ,'fou f/sw¢6t corrar of ffi¢ SL'! �4 af'tfi¢ SE. �g ofs¢c7iorr G, row EoSY 4/on9 fh¢ 6ccficn hip¢ o disfo rc¢ of /377.44' ei fa t<i¢ c¢nfer/isc of U.,i /J.'cJhwoy �` /; 7Lhcnc¢ run Nortfiwcstcr/c/ a/o�g' �¢ ctr77`¢v /ii7¢ of -said U. S. f/iQhwoy -;d[ 1 o dis7`o.,cc of /2BG.3a fc cf /b ti5e iii/rr.s¢ c tion Wifir f/ic ,Soufh .P/h/ /int of G/s✓¢ /ono sf�'rrt %n Said C//tfafsibostion th¢..c¢ run Nor/h¢aJtcr/tom o%irg fhc Soic'.Soulfr .P/w of C/ev¢/oird Stie¢7� o di'Jtar c¢ of 775. B4 fcat Al th ¢ Eost P/�✓ of `i¢ O/d Dixi¢ 1/19h.✓oy; t/r¢nc¢ ton Souf/n 2o'4S�EaSf o%nom th¢ Sa%d Eo?/.e/w' �f GYo'Oixi2 Ng/rwoy a ds%rocc o{ z7s {¢¢t to 0 ooiis�%; f/.¢nc¢ rum North 70' 49- EoSt o diStoncc of 20 f¢¢t, rr.or¢ or /¢ss, C the:H2ai,[ .S/.yh Wot¢r - i"loi.e of fhr /�sdion .Piv¢r for v fbit of- 8rgi,snin•g; tircnc¢ car t.:,ei iNorfi. 7o'f S"EaJf adilYorrc¢ of /90.o fart io o,oair7`: rec ren vorfhwcst¢ltf o%nc/ fhr /VCta f//gh H/ottrLirs¢ of fhe /irdorr Pi✓¢i-_72 fa et fo a point; fhe"cm ✓aAr Souffi 90°4S"Wesf o dis/`oircc of /9a.r2 AV /AC Meon f/iyh Wot¢r Mork os�tfie /ndiorr Bi'r¢r; 7*cnc¢ M �oufh¢ostar/y a/on9 Said M¢orr //iyh WoYtr MorE o{ fhc /ascii %� a distant¢ of /ZS.O f¢¢Y to th¢ Point -o f=,Beq.irrs.irg. . I � �j; B 2(i 3 PF II MOSBY ANo ASSOCIATES. INC [ Y.^•..Y.�•.... aHoYr`INEL 08 MaRINa IOO[ [0111 .[nL[[ YLPO 0[ACN. [LONIOA [...0 S- FEB 2,-.199Z CENTRAL F-1-0, 1 r -R: : "'A i DISTRICT WRIA 3 ra ' IC - 03-: i r W O • • • • • � A w Y •1 f Y . z �• E ISTINCs GONDITION5 PLMI 'x x x x x x x x x x x x x x x x x2 4 ", A x A L11LA-ri vs Z X x x x x x x x x .x x x x x x x x x x x At • � . k��r ry � P• �� rws S H EEC� -oF t2 Te -srra P'ROPOSEn PLAN pzn l.e,.E... VrST,cbt LS � ' F I �' oo �� .. ��rGrt�tr t-�e.�iz�..-�i:r�--�► - E,��v RNA 8 s ;� N � � �¢ � aatT►T�'{�Z t• �.v+�a7 �dM-tom ate, �t ~' f ~ . �� — ---�1 t-.. W -� o• Z r Q Al. 4&& PaV. o4CrLA,•L L rg�prvr,OC7 pL,&tq FNLAg-e� paK r�oviri4apoN r-4 - - _. Ul✓L •rte S. - - SHS vF t12. _.. a,, vr Pur T ioo � pt• � . �jd ��11i (� f•�.GK '�'� � � �� Lpt i �'S id -O "O.G. n JA �. 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Q a d O i m Q e , rf Nb $ween F E . CC Gd 1. SEE SH 12 Yfd— r i 60- vc�lG._� rn _ I�'i mss. _..._ of iz 1-:01= ra+�. p�usc� we R o PaoPv 8'f a' ria, wNa r _- ... t• D. SilsN IZ oLzpC - ioN . See_ * I 3 - � IEEE" f 12O(LM L 1 v ev 2c A_ . 5o'p - p 2, S'. p, 2-t5'; --- + + 1 + I t TO Er [YtLtJ) FV-,-rT THe e7osprte,, PiErz_ N In rc _mom IrlcoosraL WevJdi e. . 0 ee-11SaI7 pow. miz �a-29_`1�--� REJf5F.4 PGrL:_Ph R- 1=1/'—�I �----fit-t1 T _oto H .¢. fi [tT p h A �:j 1. — I°��os� 8 _ A+r] "sea FIE S 11 N ? 4•rs' � OfI �`!D 10 of 12 � r;r-,Ta G�E�bEp -ro S.o 1`J riL- W -de otZtr� S,pE x . D 07.. Z : c• " • • • _ • • (G27 z � A , • " s D • m t3�or•� OszEDl�p T•o j.co SeLelw rlt_w �soUTFf icp' A -rLi A-.riZj -!G --- - j`�!' p0�1G _ .... t Z) oPoS�.�_�LJirL- LtN6s El PlrzLjg;l • c f''1�,,rGfL�bl- P1?�M ��t-j�. T•'I, I't¢ 7-rA TH_t riv�,a.r-1 �t �/¢ f�zlit7G� M -L rte: ' .;. _.,: P-02 o�. Jy Q p - 'j��1� t715�"� �T'>; � - .. _ 9, d•;y'?` t Z�-oo_ � � �l tyT� L ' ACV,-_ G MOW �* Q v' 0 T- 00 N Q��r�s�o per• �r� ,. �-t�. _ _ '� ' l •- r.� 1 �A5�1a1.'iir��. Q TYPICAL ELEVATION SCALE• =IA MR SPH& i REAR ELEVATION scare • us■ • r ' t 5J� , I" J f T. i REAR ELEVATION scare • us■ • r REMOVED � 4'.1 2 '' 1992 CHANNEL 68 MARINA, Inc. P,O. Box 0936 Roseland, F1. 32957 (407)589-2628 Mayor Lonnie Powell & City Council, property, Due to the recent findings regarding my pro p Channel 68 Marina, 806 Indian River Dr., Sebastian, I am respectfully back before you for one additional request. The following brief history of my situation with the aforementioned property will help you better understand my situation. In 1990. I purchased what was formally known as the "Riptide Marina" from Mr. Coulter. Mr. Coulter sold me the property with approved plans and permits from The Army Core Of Engineers, DNR, and the City, for the expansion of the existing facility. With the approved plans and permits, I constructed and extended the dock to approximately 226' in length. The extension was based on all plans and permits depicting the dock at a 90 angle with my rear property line. Recently, I came before you to request permission, as an adjacent property owner, to allow the installation of tiepoles with a minimum 10' setback. At that time there were questions raised regarding the location of the dock in relation to the Raparian Rights Line. As requested by the city, I had an independent survey of the dock and the expansion. This survey confirms that the dock is not at a 90 angle with my rear property line, and that the closest part of the dock is 17.4' from our common-Raparian Rights Line. My request is as follows; 1 -Allow the existing clock to remain in its present location. -Construct Tiepales 1' from the Raparian Rights Line. 3 -Allow the mooring of vessels up to the Raparian Rights Line. Even if this request is granted, I will still be seeking civil remedies. I have been a businessman in this community for eight years. In the two years that.I have owned this marina, I have tried to improve this facility in keeping with the riverfront district. Since my engineer has informed me that this additional nine foot request wo ld notrbeinjurious equest the above Boat traffic for your ramp, mentioned be granted. Since our last meeting, I have relocated all boats out of the Raparian Rights Line, with the exception of "The Simbar"Charter Boat. They have, however, been notified of your six month extension. Thank_ you for your time and consideration in this matter. Sincerly. Richard Fey, Pres. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION 3319 MAGUIRE BOULEVARD, SUITE 232 � ORLANDO, FLORIDA 32803-3767 i SEBASTIAN YACHT CLUB CITY OF SEBASTIAN POST OFFICE BOX 127 SEBASTIAN, FL 32978 A Florida -)epartmEnt of Envirc mental Regulation Central District • 3319 Maguire Boulevard, Suite 232 • Orlando, Florida 32803-3767 Uwton Chute, Govemor Carol M. Browner, Secretary October 19, 1992 NOTICE File Number: 31-209091-4 Application Name: Richard Fey k RECEIVED OCT 21 1992 CITY CLERKS OFFICE 11 The Department is currently processing the attached publication. If you have any comments on, or objections to this project, please submit them in writing to this office on or before November 10, 1992 Please refer to the applicant's name and file number in any correspondence to help facilitate processing. Questions concerning this project should be addressed to Tamv Weinoarden cc: Riverview Park Sebastian Yacht xHxr.a ir-4 Ponr. 4,'t Fo^^ 1 " h]/Y / O. kJr Y+ris n tr v 1Mtisa-t d Environmental ReguFQtiFlorida Departm�f FrrOs -- 5..-% J^.1 _ -TtIrg.q 011ice 8lds. r 260t, jLdr Storz Ro2d 0 JhMha.%&' c Florida 32399-I IF..e rr Or n • , '• ,;? ;� •cj G°G'i�- �: ' •' may- � .� , ��Z Joint Application;:.: Waters of Florida [� for Works in the CoUpAtASIRIK the Army (Corps)/Florida Department of Environmental R©gulatf,'v,ri-(DER)/ Department of Natural Resources (DNR)/Delegatod Water Mdnagement District (D©rayatod' WMD) Type or Print Legibly ps Application Number (official use only)DER Application Number (official! use only) / H � -1,1/2 ""9 i e11 1. Applicant's Name and Address Name Richard Fey Nema Ft name Stf Indiv+t3uall; Corporate Nome; Name d Govt. AQency Street 1673 North U- S. Highway No - 1 Suite ,� 5 --- City Sebastian State Florida Zip 3 2958 Telephone ( 40 7 388-2717 (Day) 4(,_0 7) 589-6660 (Night) 2. Name, Address, Zip Code, Telephone Number and TRIe of Applicant's Authorized Agent NameMoab , Randy L. Last Nana hirst Name InC Mosby &Associates, Corporate Name; Name of Govt. Agency . Street 1507 - 20th Street C Vero Bcacii State Florida Zip 32960 ity Telephone4{ o� 569-0035 (Day) G-----) (Night) 3. Name of Waterway at Work Site: Indian River ( Class III) 4. Street, Road or Other Location of Work Indian River Drive Incorporated City or Town City of Sebastian 39E 6 Township 31S Range Section Range Section TownshipRange Section Township Countyties) Indian River County ' -r Federal projects Only: -- x Y Coordinates in Center of Project: 4 5 •� g 80 � 27 ' Latitude 27 4 8 00 Longitude ' LDt Block Subd Plat Bk _ - -- P9 Directions to Locate Site: S . R. 512 to Indian River Drive River Drive (1/4 mile Also Adjoins the Water (Excluding Applicant). 5. Names, Addresses, and Zip Codes of Adjacent Property Owners Whose Property j Y wired Show Numbers or Names.of These Owners on Plan Views. If More Than Six (6) Owners Ad', oin•the Pro ect, You Ma Be Req to Publish a Public Notice for the DER. 3See Attached 1• See Attached 2• See Attached ' (West) — (North) (East) 4• See Attached S. 6. South Soa%4�� soon 0 -arcs J00-0 C""wt twos Cp.yv. Iia svoo ►a - C.,w 0--a 4 t�•'•y iaC fv a•a X) to �2 .?,.. znQ Ekv St. ?t+rt ayu,.1 Fr,rw 37", F-2.. 9...,, sro• 1 n %W C.O. rl—W C---1 1..-J it}W %eY�Q 1%-,,, 3225&ilr? C', al9 61) SJdI 11) 337 e91S •i: li3 .,,,,qo,s, r-+a+.u.C�ZdY�t•S�t+ .aC•it/•4:^.`..:�� ., M s "At 0XA F->— 4 n�m2m J0" A0la >ftn* in w«e.s d PII.M Elac� + OCOCAr 1Q Mo Cee AOOtMd- No • n qr OERI G. Prupo od User (Clrrc:k one or more as apj:k aiUe) Priv is Single Family ❑ Mufti FaITIlly n Public ❑ Commercial LJ New Work ❑ Aherabon d Existing Works Maintenance Other (Expia,n) 7. Desired Permit Duration (see Fee Schedule) - 5 Yr V\I 10 Yr ❑ Other (Specify) t3 General Permit or Exemption Requested OER General Permit FAC Rule 17-312. t/ DER Exemption FAC Rule 17.312. Section 403. F.S. 9. Total, Extent of Work in Jurisdictional Open Waters or Wetlands: (Use additional sheets and provide complete breakdown of each category if more space is needed. a Within Corps Jurisdiction: Fill: NONE Sq. FL NONE Acres NONE Cu. Yds Ew_zvation: 3 8 , 0 2 5 Sq, FL - $ 7 Acres —1854 Cu. Yds h Within DER Jurisdiction: Fig: NONE Sq. FL NONE_ Acres NONE Cu. Yds Excavation: 38 025 So. FL -37. Acrel 1894 Cu. Yd^a Exc nation Waterward d MHW 1854 cu, yds (Intorrnation needed for DNR) c DER Jurisdictional Area Severed (Area La"d of Fill S uctures which will be Severed):7!,,:, none Sq. FL NONE Acres r Ikavation from Uplands, Ex�; d. DER Jurisdictional Area Created (New E)cclugve d Mitigation): }r 3; NONE Sq FL NONE Acres 67 to be removed e pocks. Piers, and Over ter Strwu 139 to be added I roposeQ4.4 Total Number d Mooring TcxaJ Number d SIipS�iPilings Width 6 Height above MHW 3 _ 2± L Proposed 500 Width 10 Height above MHW 3-2 + Exist. 2 7 12 Width 3 Height Number d Fuger Piers LEngth Number d Finger Piers Prop _ 2 9 Length 90 Width —3 Height Tial area d structure over waters E1 wetlands Existing 4 9.764 s. v. It. Use d structure Marina Will the docking facility provide: No Yes Number Liveaboard Slips _ ❑ ® 8 slips E] ® � pumps Fueling Facilities Sewage Pump -out Facilities ❑ 0 I s t a t ii Other Supplies or Services Required for Boating (Excludng refreshments. bait and tackle) 0 ❑ I. Seawall length N / A IL Seawall material _ N /A Riprap revetment length N / A tL Slope N A H: NIA -V Toe width . NAA - �- Riprap at toe d seawall length N / A IL SlopeN/A H: N/A V Toe width N.A — �- Size of riprap N/A Type d riprap or seawall material g. Other (See hem 10). paps ? d t7) 10. Description of Work (be specific; use additional sheets as necessary). OEr L 17.112900(h rrII 1: • ' :. Fv," t ]tiro An 1p� iM1A7Cb h W4 V V EW d Pa ��• En•o.w. own 0=0W la rM C>(14 AbptxC- 40 rF.w or OEAJ Project Purpose: 1. To provide safe dockage for up to 50ti long vessels 2. To provide public with access to fueling and sewerage pump out facilities 3. To provide safe passage to marina from intracoastal waterway 11. Turbidity, Erosion, and Sedimentation Controls Proposed: Turbidity control measures such as the use of turbidity curtains shall be incorporated in order to contain waters discharged back to the Indian River from the proposed spoil site. & limits of dredging, . When permits are issug(L Completed Within 1 year 12. Dace Activity is Proposed to Commence . One -Year Total Time Required to Construct 13. Previous Applications for this Project have been: A. Denied (date) 3/20./89 DER Na 31-157402-4 a Issued (date) C Other (please explain) Differentiate between existing work and proposed work on the drawings i Corps Na 85ITK-21065- 14. Certification. Application is hereby made for a permit or permits to authorize the activities described herein. A. I Certify That: (Please check appropriate space) 1. I am the record owner® , lessee ❑ , or the record easement holder EJ d the property on which the proposed project is to be undertaken, as described in the a1 ched legal document. 2. 1 am not ❑ the record owner. lessee, or record easement holder of the property on which the proposed project is to be under- taken, as described in the attached legal document, but 1 will hav,before undertaking the proposed work, the requisite property interest (Please explain what the interest-vviil-.be and how it will be acquired.) Attach legal description of property or copy of deed to the property on which proled Is to occur (must be provided) B. I urxierstand I may have to provide .any additional infarnalionldata that may be necessary to provide reasonable assurance or evidence that the proposed project will comply with the applicable State Water. Quality Standards or other environmental standards both before constnrction and after the project is completed. C. In addition, I agree to provide entry to the project site for inspectors with proper identification or documents as required by law from the environmental agencies for the purpose of inspecting the site Further, 1 agree to provide entry to the project site for such inspectors to monitor permitted vKxk, if a permit is granted. a This is a Joint Application and is not a Joint Peanut. 1 hereby acknowledge the obligation and responsibility for obtaining all of the required . state, federal or local hermits before cornmencement d construction. I also understand that before commencement of Itis proposed project, I must be granted separate permits or authorizations from the U.S. Corps of Engineers. the U.S. Coast Guard. Natural Deoartrnent d Environmental Regulation, the Delegated Water Managemern District (where applicat�le), and the Department Resources, as necessary. P"3d! IS r DEA F-inr. a 17J 71 r , fpnw ran Jok% AA par VOCX n ew YOI d Pkx+o� Oauo.r tit tm DER Aoo•cmmn 0•0 17••0 - or OENI E. I am familiar with the Information contained In this application. and that to the gest of my knowledge and belief. such Information Is true; complete and accurate I further certify that I possess the authority to undertake the proposed activities or am acting as the duly authorized agent of the applicant. I understand that knowinglyma ' g any false statement or re resentation In this application Is a i I violation of Section 40,3.161, F.S. and Chapter 837, FS. � I /1 /M Randy L. Mosby TypedlPrinted Name of Applicant or Agent (Corporate Title if applicable) 02/21/92 Date • • AN AGENT MAY SIGN ABOVE IF APPLICANT COMPLETES THE FOLLOWING: I hereby designate and authorize the agent listed above to act on my behalf as my agent in the processing of this permit applica- tion and to fumish on request, supplemental information.in support of the application. Richard Fey Typed/Printed Name of Applicant III ISO "'MAM-1 (Corporate Title d applicable) • Notarization: . 02/21/92 Date Sworn and subscribed before me at Indian River County, Florida , this 21st • day, of February , 19 92 • N rc Notary PuWic, State of Florida MY Co.-mtissisn Expiraa Nov. S, 1993 My commission expires: Bondcd Tl,.,-,, Troy Fain - Insurance Inc. 1S For your Informatlon: Section 370.034, Florida Statutes, requires that all dredge and fill equipment owned, used, leased, rented or operated in the state shall be registered with the Department of Natural Resources. Before selecting your contrac'mr or equipment you may wish to delem�ine if this requirement has been met. For further information, contact the Chief of the Bureau of Saltwater Licenses and Permits. Dem of Natural Resources, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399. Telephone No. (904) 487-3122. This Is not a requlrement• for a permit from the Department of Environmental Regulation., 18 U.S.C. Section 1001 provides that. Whoever, in a.V'�;manFer witizin the j<rrisdlction of arTy department or agency of The United Swes wM kncngty and willfully falsifies, conceals, or covers up by any trick. scherT or device a material fact or makes any false, rictitiousor fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statement or entry, shat( be fined not more than S10= or imprisoned not more than five years, or both. 16. Please subTfd this completed form. with agached drawings and the complete DER processing fee (see Fee Schedule in FAG Rule 174.050(4;(c)• copy a=hed) to the appropriate DER or Delegated WMD cI with jurisdiction over the project site.... Pago4d4 LITTLE -IOLLYWOOD Y./,, W III - 1/2 t -MILE M05BY ANo ASSOCIATES. INC. �,eo> aov.. erean vino sues, noe�o. ..... GHP�f'INEL_ US I"14.Rtf'IA. v AU8 1 g IW 0 S eEr I of= � r ' AL t T s vWHeP- FzIcH,&IZL7 FG l ul * rioRrN 0.4. 1/moiW6Y No. tioge, A -c �iEbosPd., I, �LvRiGA 32`I58 ADJaG� ri T 041 NE R -S 0oRTrf -5oeSA,sp4-H YA.aNr e-LLae G j r( of SEf3�(I ar-I � v. Soy 12-1 �c�ohrl�rl , FL 321la �L1 r IZI Jgrt i1 c W P6fzl� G I rY oe �iGbAZr1 o-r'i P o. eap-�/ 12 �icPio zrl s�-I FL 32R�8 Przojg4-'�---T PLJrZP� 1. r0 QRcT/I DE -5i&Fc Pog VP To 50' LoHeI - �/PF�ifGjs. ?. To rLjF3, i,-- W1rN orc�ehs ry rufalrly �r Su�Er PL1M� "Vr FAo1L TiC5�7 L ATI off rimer I u TvI,-jrisHIP 31 5 F*Ne-e 31e L�-1 ,-,sTUVV : [iib 27' —1 %11 L>r,Tdr/j z7148'vv11 Easr -:vrA-TZ of fLoRtral- CINDIAN 21VE0-) ® �EPAE(MEHT of f'iP�I.1Ra-L R-ESotJ2�EF l"1AR.raRY SroNeMAN G+��C�-as 13LDv. 1-fooZ-,'mmeN0eALrH TALLA-HAxee- , FLvrtiva =i2zi'I`� war ©6C,' R/rl rra2 IHDIAH RaJEV- C�V-IVE IHPIA-N fR1vE2 COUNTY 5�p.2p of GoUr`�' GoMMI�,stoNE25 la4a 25+f1 SrfLEEr VSR'c' PSeAG I , FL 32gcro 3. "ro PW'�Oe SAFE Pk--- M- To rlWIHA- Fp rW vJ,&-TrftWA--r MOSBY♦no ASSOCIATES, INC. FRE.IZ. � 31 � 15"1 s}o1-A' (' 15�11ErJ 3�Zo/8`I� Ag a.c.o.E e,6 1,r1z- - 21corj L N Mead HIbFf 1^laTEft CMrII.J� d r� Mea.r`I L. W WA.rB2 _ : r -l' ° ' a a d � 92 ©©Q H�Er -2 of l2 cevor�[orH orn[cr _.GrIo.HHGL. (�Fj I'`IA �L,HA-• S COA, it� r F �4,BCEL NUMB£ e YJNE Flo.»/ha lou/hwalt_come.-_oifhot�ro�¢rtyheretofore con✓eyed,Gy /�o�./.P. 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GanTl�l GY f4,&H q Irl rHi� os r� of A rL4EL SpIL'L , TOP, {elTr-Hvrr T WILL-,IdgzoOriD 7HE -7N3JPG �/e�fiEl /SPILL WITH 4o'Harl xtl fir/ /oP�LY �RPSGnr MATSW LII jo Iet'I7,)E A.LL SPILLev AL1 L. e r WILL- CoHTA,-T n -le FL -e--, It rAT9c--lL LDH R-) F:�-,J _ Y- T 17Rr1 lG IL J M S/ fLLI 1 2 -11 1992 "'IDA ;r D❑ = 0 II A"Ponce mAarl. pF>JEL Limos. a FSR S 1?-LYISEP �N © ¢F nse ' Fez oM2 1-I�qz R£JISer, PER GER- X�lr7' E� fl�� pll ciJ i -amu 0 SEE SrFE6 r 4 of 2 FGfL o./F�a11 rr--fL7 6 - AMP _ oVB¢aLL- r=-Aspri4, 71 - .- 'jF� Ibti 0 - iv GT�� K N6V4 j - Iv�+rl G To K X X } - 8E- PI' nr" N Ch1 GiffGK- 3 0 m m a 8'0:=0 • - - � O D N Z n D❑ = 0 II A"Ponce mAarl. pF>JEL Limos. a FSR S 1?-LYISEP �N © ¢F nse ' Fez oM2 1-I�qz R£JISer, PER GER- X�lr7' E� fl�� pll ciJ i -amu 0 SEE SrFE6 r 4 of 2 FGfL o./F�a11 rr--fL7 6 - AMP _ oVB¢aLL- r=-Aspri4, 71 - .- 'jF� Ibti 0 - iv GT�� K N6V4 1 SEP 2 1992 CENTRAL FLORIDA DISTRICT. WRM c �' � ' t it �: z,:.. &•� w-.1' Zmol I FoR oJ>`2ALL 04ora�7 P &H `76E c-HCBr 4 e. -P12 . FoFR- EiflL-bRZ-En pcGK MOGIFILAYIOr{ f-I-A.r`I SEE• -1 vF 12. loo cam►. �• . GeGKTH15 BtiJ�� pi A RSa �o RMA+rI II t�P APPeoas•��.1 ...� IT— dr � owlsTln b P,. 0 A PplzG�i MaT� I" IHrI LJPLeri vs u 15 AREA gyp-� LB�f?, 5w Px mFE:-• S Id-o"a.c. U -O" At%O%M i>EcIL e , ae lorl A( - H,,-V17�rITAL : 04 Io' (Past v �tJrl PEe -o" AP1oVE OFGK PaR oJER'•LL A'�osEp SEE 5HCE f 12 fEriLA.IZGEC7 4 oC:71 L PL6i`1 SEs 'il-fEEr 10 OF IZ. Fia�lsrlltV 1�! K went �fA�E i All He r / I P 1 8992 vEenddL : 0-A' 0 HE I if -_�F a .y-.., 4l� rid,. MOSBY Ano ASSOCIATES. INC f' j G 1< JT Is L <....<r... ......... r{L . L� a .eor aorw arn[[r q., 1@ �/4� 1A 77.SE Lit 1772 .CENTRAL CLQ;; %? JA DISTRICT WRM 0 �r- P SHeer 5 .z FzR L..rxe.rtoN of MAR+NA I.D. SIGH PrtD � r—H�t'I f1 EL MAKER• S - O N m 0 G!-1NN L l�8 GrlP.riri>L I-j4W :^0;> _. Mir— Ito tA O — Q�s�atl2arfr LIJ n -- - 0 -D , ` I.`(�RirIA I.fl � �i�N - GNAr'f�EL i''►�K�2 N 3 I N Qz0EJ 5s;grr ( REJISEfl QER 'OLfZ �s-21-`I2 � l u SEP 2 J 1992 CENTRAL FLORIDA DISTRICT WRM Y - .. � _! `„ 1•/ 1. � j , � i .. � b _ r a lot REAR ELEVATION scat e • vz• • r TYPICAL ELEVATION SCAL.Fz �M?,WTAL ROOF oop CK JotsT Tt-p-, City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 August 18, 1992 Richard Fey P.O. Box 0936 Roseland, Florida 32957 Dear Mr. Fey: The City Council, at their Regular Meeting of August 12, 1992, approved your request for placement of pilings within ten feet of riparian rights line of City Dock adjacent to Yacht Club subject to the following: 1.) Dolphin poles for the Simbar Boat to be relocated within six months. 2.) During the construction and renovation of the dock facilities, Mr. Fey, at his own expense, shall replace both channel marker poles with appropriate signage located directly east of boat ramp. 3.) All vessels that are moored at Channel 68 shall be a minimum of 10 feet from its north riparian rights line. Thank you for your anticipated cooperation. Sincerely,. Kathrzm O'Halloran, CMC/AAE City Clerk KMO:lml (\ws-form/lin-ltr) Regular City Council Meeting August 12, 1992 Page Three 92.227 E. Waiver of Bidding Procedure (Sole Source) - Golf Course Fertilizer Purchase - Twenty Two Tons of 5-10-10 w/ IBDU - Vigoro Industries of Ft. Pierce, FL $6,556 (Staff Recommendation dated 8/4/92, Golf Course Superintendent Memo dated 7/27/92) 92.060 F. Waiver of Bidding Procedure (Commercial Reasonableness) - Police Station Radio Tower - Communications International, Inc. - $38,090 (Staff Recommendation dated 8/6/92, Proposal dated 8/6/92) 92.220 G. Richard Fey - Request Placement of Pilings Within Ten Feet of Riparian Rights Line of City Dock Adjacent to Yacht Club (Staff Recommendation dated 8/6/92) 92.228 H. Craft Club of Sebastian - Request for Use of Riverview Park - 92/93 Season (City Clerk Recommendation dated 8/5/92, Tucker Letter dated 8/3/92) 92.229 I. Sebastian River Art Club - Request for Use of Riverview Park - 92/93 Season (City Clerk Recommendation dated 8/6/92, Dougherty Letter dated 8/4/92) 92.230 J. March of Dimes - Request for Use of Riverview Park for 10-17-92 Fundraiser (Staff Recommendation dated 8/6/92, Rousch Letter dated 8/1/92) The City Manager read the consent agenda in its entirety. Mr. Reid removed item G and Dr. Holyk removed item D. MOTION by Holyk/Oberbeck I would move that we approve the consent agenda items A, B, C, E, F, H, I and J. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. 3 Regular City Council Meeting August 12, 1992 Page Four 10. Item D Dr. Holyk noted that it has been a difficult process to implement the proposed tree protection ordinance. MOTION by Holyk/Corum I would move to approve item D of the consent agenda. VOICE VOTE on the motion carried 5-0. Item G Mr. Reid expressed concern for the fact that the diagram presented on the pier shows it at right angles and not as it exists and suggested this item be held until better information is provided to City Council, however, it was the consensus of City Council that the ten foot deviation would present no problems. MOTION by Oberbeck/Holyk I would move to approve item G of the consent agenda. ROLL CALL: Dr. Holyk aye Mr. Reid nay Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 4-1 (Reid - nay). The Director of Community Development said he would give City Council a status report as this.project is undertaken. None. 11. MAYOR AND CITY COUNCIL MATTERS A. Mavor Lonnie R. Powell The City Engineer responded to Mayor Powell's inquiry regarding the Louisiana/Schumann paving and drainage study and, with the consensus of City Council, this item was placed on the August 26, 1992 meeting. 4 City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 SUBJECT: ) REQUEST FROM RICHARD FEY REGARDING ) NEW PILINGS LOCATED ADJACENT TO THE) SEBASTIAN YACHT CLUB ) Approved For Submit By: } City Manager } } EXPENDITURE REQUIRED: AMOUNT BUDGETED: Agenda Number: 9a.,22 0 Dept. Origin: Community Development (BC) Date Submitted: 8/06/92 For Agenda Of: 8/12/92 Exhibits: SUMMARY STATEMENT APPROPRIATION REQUIRED: The City Council reviewed this request at its regular workshop meeting of August 5, 1992 and the majority of council did approve this proposal. RECOMMENDED ACTION Move to approve request of Richard Fey to construct tie poles (pilings) 10 feet from his north riparian rights line subject to the following: 1.) Mr. Fey will relocate the dolphin poles for the Simbar Boat within 6 months. 2.) During the construction and renovation of the dock facilities, Mr. Fey, at his own expense, shall replace both channel marker poles with appropriate signage located directly east of the boat ramp. 3.) All vessels that are moored at Channel 68 shall be a minimum of 10 feet from its north riparian rights line. qvzgao City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: REQUEST FROM RICHARD FEY REGARDING NEW PILINGS LOCATED ADJACENT TO THE SEBASTIAN YACHT CLUB Approved For Submittal By: City Manager Agenda Number: 9,U20 Dept. Origin: Community Development (BC) Date Submitted: 07/29/92 For Agenda Of: 08/05/92 Exhibits: 1. Affidavit To Division of State Lands With Attached Drawings EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT Mr. Richard Fey, owner of Channel 68 Marina, is pursuing the expansion of his existing docking facilities located adjacent to the Sebastian Yacht Club. The proposed new pilings are located approximately 10 feet from the north riparian rights line which is common to the Sebastian Yacht Club's south riparian rights line. The Division of State Lands requires all structures and other activities to be set back a minimum of 25 feet from this riparian rights line, unless the adjacent property owner has no objection. The City Manager has reviewed this request and has signed off on the affidavit to the State subject to the ratification by the City Council. The City Manager is willing to recommend the approval of this item provided the applicant, Richard Fey, replaces the two channel markers and appropriate signage located directly east of the boat ramp. RECOMMENDED ACTION Review the request from Richard Fey. 9W. ?,20 :,4 1 pit 1 1 y . Ti El : -U t. 1..tt 1 1 P'HL V (ti 1 . 1 tL 1 1 / 1 Ypi Division o4 State Lands Submerged Lands ter t i on 3900 -Commonwealth boulevard Marjorie Stoneman Douglas tui lding, Froom 203 Tallahassee, Florida 32399 6USJECT: Learn NO. Lessee: AFFIDAVIT STATE OF rLORlDA County of R6Pet ore me this day personal ) y appeared R6 Imo' =c (Al vihoo being duly sworn, depates and Nays that he/she has been adv sed that Section ie -2i.004(3) (d), Florida Adminittr•ative Code, statest "All structures and other actin tiliti es • muNt be set hack a minimum of 25 feet from the ap,pl icent's ri patri An rights t line. Margi nal dock= may be set back only 10 feet. There shall be no eNcepti ons to the setbacks unl r%s the applicant's shoreline 4ront&9e is 1 es% than 65 feet or a sworn affidavit of no objection is cobtained from the affected adjacent upland ri pari &m ownor, or -the proposed structure is a subaqueows utility line." and, as adjacent upland riparian otgAer to the f aci 1 i ty covered undor st,bject State Submerged Lands Leatse, hes no ob3pctiort :to the structures/activities aucoci ated with the subjett lease area not meeting the 2,5 foot setback requirement. •set I�� '' 7> " : Y rt a A'I i D N ,8y ,-,,R F w �r411- -7 (61- i gi nal signature of psrson king of f i clavi t l Sworn to and subscribed beforo Ire this Jay 04 , A. D, , IQ„,�2. Notary Public State of Florida My Commi s S i bh [y p i r es s JW4 LL • �►Pt�bNo�eti o1 ODMM000138111 I 9�)', C2 a a Tyr I Z ro 3 p r� S ��G'OJP�r LJ fL*ri Noo, F�vPosav G�ce- ,�� rte+ x x x xx x xxg x z z z x x x A x 11 Yx x t . {i YK K Y x C x xDx x x x x e r t i3� x Noo, F�vPosav G�ce- ,�� rte+ x x x xx x xxg x z z z x x x A x 11 Yx x t . {i YK K Y x X x ixl x xDx x x x x x xL z x rHH= - f 12 - �o�evGr o�rE rROPosn �t�w �rt,r�F.vtEr9eNrS � �� (� Pppyp cep-tPI.EtL' S��j � ¢E.ifSCv Rs2 GCCL x, -25-y2 Lp'>GiC- hlrcrrl�Nv x x x x x x ] z L' z t z x x x x x x x z 1 EwsTiNc� P��ir�ys To Fie �o�sc� (�2a�Oc��.-o rle�l �'iL�r�lcx CiEE Sf{i�T Gi PMP �O O� f2 F•�{z f.-a7rPoN vL �>nr-16Tr— r-lHW ._. _ .. _�� • `� _ t iLtt i 1 �4 • �. i TLf:'i'.L' L' . Ott i I f tiL V! 1 TO: Division of State Lands Submerged Lands Sert i orti 3900 • Cvmm0nweal th Boulevard Marjorie Stoneman Dou91 as qui l d i ng , Room 203 Tallahassee, Florida 32399 SUBJECT; Lvacra No. L e s s e v 2 -------�- AFFIDAVIT R {-i44._h rail STATE OF rLQRlDA County 04 f2d G .�, , S, r w _� C (Oki Sefore me this day personally appeared that he/she has been adv sed vrho, bRi ng duly sworn, deposes and says t that SCcti on 1e-21 . V)04 (3) (d) , pl ori da Administrative Code, states: "All structures and other activities -must be set hack a minimum of 25 feet from the ap.pl icant's riparian rights r Zine. Ilargi nal docks may be set back only 10 4 eet . There shall be no exceptions to the setbacks unless the applicant's shoreline frontage is less than 65 feet or a sworn affidavit of no abjection is obtained from the affected adjacent upland riparian own9r, or the proposed structure is a subaqueous utility line." and, as adjacent upland riparian owner to thp, f aci 1 ity covered under subject State Submerged Lands Lease, hag no obiRctiorl :to the structures/activities ascoci ated with the subject lease area not meeting the 25 foot setback requirement. •S� F��' 7> wriginal signature of person king a443ciavi,tl Sworn to and subscribed beforo me this day o4e- A. D A.D , 19 � C)49ztA_ Notary Public State of Floeida My Commi ss l con Expires: 8/87 JM M, TAMLL Notary Pa*a� d Florida W ft 21,1M FLORIDA SHORT -FORM PUBLIC OEAICER/TRUSTEFJREPRESENTATIVE AC40WLEC1GK41E QT (F.S. 1695-1139 STATS OF FLORIDA The foregoing instrument was acknowledged before me this V1-4142 N (bate) COUNTY OF Indian River by Robert S. McClary. City Manager_ , who is personally (Name of person acknowledging and title of position)_ Personally Known known to me or who has produced n,. (Type of identification)�,- t� as identification and who did (did not) take an oath. n h� No ry Pubs t jalg�wK i nature) Florida Hft g 00MI A N CCC-- W%F911MWMqM _138178 21,1895 A• Jean M. Tarbell ( d printed or st ped) �.: (SEAL ABOVE)_v, ATTENTION NOTARY: AWWUgh the k*WM8ti0n nquesied t s w & ce noNAL it could prevent rrsuausoft anactxneru d thea cen ime 10 unmaimi:ed doa iwft THIS CERTIFICATETitle or Type of Document Affidavith - �. MUST BE ATTACHED TO THE DOCUMENT Number of Pages 1 Date of Document 7/24192 DESCRIBED AT RIGHT: �11 Signer(s) Other than Named Above 01991 NATIONAL NOTARY AWOMAUX40.3191.1 1 Thorrasviae Ad.. M215 • Tasafmss". FL 32306-3437 9a. a020