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HomeMy WebLinkAbout1985 - Misc(a) The Ohio Casualty Insurance Company 136 Horth Third Street, Namihon, Ohla 4508 PERMIT BOND BOND NO. 2-384-385 KNOW ALL MEN BY THESE PRESENTS That we, ....... ...................... of ....Sebastian, Florida ............ (hereinafter called the Principal) as Principal, and THE OHIO .................................. CASUALTY INSURANCE COMPANY, an Ohio corporation with principal offices at Hamilton, Ohio (hereinafter called the Surety) as Surety, are held and firmly bound unto .....City of Sebast ..ianan , ........ Florida ........................................................................................................................................... (hereinafter called the Obligee), in the penal sum of .......> x£tasn ..l hpusand..arui .:QO%] QQ.................................................................. (�15 f 000, „) Dollars, for the payment of which well and truly to be made we do hereby bind our- selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED AND SEALED this ....Nineth..................... day of ...June.................................... 19...86..... WHEREAS, the said Principal has made or is about to make application to said Obligee alicenseas a eMit to a minin o eration at the northwest 1 4 of the southwest for t a permit to k...................................`J....1�.....................:............................I.... I................................ „1/4„of„Section„20.,,,Township,31„South,„jy.�ng„ �j„b jNgJAPg attache< for a term beginning on ... "K..9.,...1986 ............................ ' and ending on ...J4ne.. 9, ..1987........................ e (strike out if 11"we or permit Is Issued for Indefinite term) NOW, THEREFORE, If the Principal shall indemnify the Obligee against any loss directly aris- ing by reason of the failure of said Principal to comply with the laws or ordinances under which such license or permit is granted, or any lawful rules or regulations pertaining thereto, then this obligation shall be void; otherwise to be remain in full force and effect. PROVIDED, HOWEVER, AND UPON THE FOLLOWING EXPRESS CONDITIONS: 1. This bond shall be and remain in full force during the term of said license or permit unless cancelled in accordance with paragraph 2 below; but if said license or permit was issued for a specific term, and is renewed for one or more specific terms, this bond will be extended to cover such additional term (a) upon the execution, by the Surety, of a Continuation Certificate, provided such certificate is ac- ceptable to the Obligee. In no event, however, shall the liability of the Surety be cumulative from year to year or from period to period, nor exceed the penal sum written in the first paragraph of this bond. 2. The Surety shall have the right to terminate its liability hereunder by notifying in writing City of Sebastian, 1225 Main St -A, Sebastian, FL 32958 ........................................................................................................................................................................................ (Give name and address of department or offieiel to whom notice should he eddrened) ten (10) days in advance of its intention so to do. THE OHIO CASUALTY INSURANCE COMPANY Z. By ..ft14.!r4:: ........ Attorney-in-fact. Form 5-3853-e — . . -r Vomit Bond — 8.70•10M in Indian River County, Florida; and the North 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 20, Township 31 South Range 39 East; said lying and being in Indian River County, Florida, CERTIFIED COPY OF POWER OF ATTORNEY THP OHIO CASUALTY INSURANCE C01HPANY HOUL OFFIC& HAMILTON, ORIO No. 27...044 Know All lNf.`t! bg (04tHt f rrandtk That THE OHIO CASUALTY INSURANCE COMP of authority granted by Article V Section 7 of the B - COMPANY m pur.oance By Laws of rid Company, does hereby nominate, conetituto and appoints JaMSH SChltliering or Leffila It. Mnbriani _ _ of VEsc'O Htfetch, Florida _ _ _ sr _ its true and lad al spat and attorney -in-fact, to meke, execute, seal and deliver for and on its behalf as surety, and u its set and deed any and all BONDS. UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ON... HUX"k ;1% THOU5ANil _ _ _ - „ _ _ _ _ _ 114 100,000.00 excluding, however, any 6ond(s) or undertaking(.) guannt.eing the payment of notes and interest thereon ) Dollar., And the execution of such bonds or undertakings in pun sane. of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they Ind been duly executed and acknowledged by mica Company. elected officers of the Company at its office in Hamilton, Ohio, in their own proper persona. The authority granted hereunder supersedea any previous authority heretofore granted the above named attorney(a).in-fact. j'jI1. r In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Gaualty •` ' CL Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the SEAL Is: said Tile Ohio Gsuelty Insurance Company this d.y of 19 25tPt eutbttu . (Signed) s+w'iiitii"c'+\a ...............lZf 421f1Yl..a...Fkf..................................... STATE OF OHIO, l{ COUNTY OF BUTLER 1 �' Anst. Secretary On this 25tH day of St'itwtbs9S A. D. 19before the subscriber, • Notary Public of the State of Ohio, in and for the County of Butler, duly eommiasiened and qualified. ume R1Chat d orVnffr-,f FjjW f .�} of THE OHIO CASUALTY INSURANCE COMPANY, to ma arsons -lc _E_tie dVif a rtl i� cr°f6e'✓! all, and who executed the preceding instrument, and he ..know. ledged the execution of the aame, and being by me duly sworn dcposeth and snith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Scel of said Company, and the said Corporate Scal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. po�t'p1°10"sr IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official e +a�!��t. t!!t �L Seal at the City of Hamilton. State of Ohio, the da and 54M�K ......� 4! Y year firat above written. s. (Signed) 1s?? Notary Public in and for County of Butler. State of Ohio tNMt • .d �rrtWlnlale My Commission expires This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by as, director. on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney -in -Fact, ate. The chairman of the board, the president, any vica- secretery or any assistant secretary shall be and is hereby vested with full power and authority to appoint atm ney n-foct for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship end policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United $massa of America, or to any other political sub- division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 21, 1970: RESOLVED that the signature of any officer of the Company authorised by Article VI Section 7 of the 6y -laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal ere hereby adopted by the Company asoriginal signatures and seal, to be valid and binding upon the Company with the tame force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this data. IN WITNESS WHEREOF, I have hereunto act my hand and the seal of the Company this day of A.D., 19 aaa =1 SEAL 54300-C 12-80-3M ` Assistont Secretory FisCHER AND SONS POST OF510E 13OX 68 SEBASTIAN, "LORIDA 32958 2341 IC -1 P ;ro THE ORDEROF—N.2-1- Cu -c FIRST CITRUS BANK OF INDIAN RIVER COUNTY VERO BEACH, FLORIDA 32960 Bo.'s L. AIrn FloRi& ARM BUREAU MUTUAL INSURANCE 1.JMPANY POST OFFICE BOX 730 GAINESVILLE, FLORIDA 32602 APPLICATION FOR SURETY BONDS new bond? ❑ Renewal of a bond of this company ❑ Renewal of a bond of another company 1. COMPLETE THE APPLICATION FORALLBONDS. in favor of applicant is: BONDNUMBER 2. COMPLETE THE SUPPLEMENT FOR COURT, LOST SECURITIES, PROBATE COUNTYCODE AGENT'S CODE 1 C)3/ OyOi TYPE APPROX. ANNUAL PREM. RENEWAL DATE AND PUBLIC OFFICIAL BONDS. (PAGE 4) MEMBERSHIP NO. EFFECTIVE DATE INYOUROPINION 3 1. NAME OF APPLICANT. 2. BUSINESS ADDRESS. IS HIS BUSINESS 1ByvRLI y /T . 71/ c `65q L - 3295 ,f iP, 0 $aX G 9 �`y 3. CHARACTER OF APPLICANT'S BUSINESS. HOWLONG Individual o1 Partnership' 13 FROM WHAT APPLICANT? / SCS HIS COMMUNITYi ENGAGED THEREIN? 4 Corporation' ❑ DATEISBOND WRITTEN? 5. AMOUNTOFBOND 6. FOR WHATTERM? PREVIOUS BONDING APPLICANT FOR Z0(I0 COMPANY AND AGENCY? �/;R/�1 �Uk�✓✓ 7. Bond in favor of Address ❑ _ (Obligee's complete name) B. Type of Bond required. PP -,f lir T ATTACH COPY OF BOND IMPORTANT IIF THE BOND IS TO BE GIVEN IN PURSUANCE OF WRITTEN AGREEMENT WITH ONE TO WHOM THE BOND IS GIVEN—ATTACH COPY OF SUCH AGREEMENT.) 9. Has he/she ever had surety loss? Yes ❑ No �( If yes, give details Has any corporation in which he/she was a corporate officer ever had a suretyJass? Yes ❑ No Has any Surety Company ever cancel) or declined executing a surety bond for him/her? Yes ❑ No L'L 10. FINANCIAL INFORMATION: Audited financial report REQUIRED on all bonds in excess of $20,000. Financial statements prepared by applicant's accountant REQUIRED on all bonds between $10,000 and $20,000. Complete the balance sheet below for all other bonds. Statement of Assets and Liabilities as of ,19_ ASSETS LIABILITIES Cash in Following Banks: Accounts Payable: Current Past Due Total ' Notes Payable_ Bank Stocks, Bonds, Other Securities (Market Value) Notes Payable —Other Taxes Due and Accrued Accounts Receivable Notes Receivable .TOTAL CURRENT LIABILITIES Merchandise on Hand (Cost Price) Mortgage on Homestead - - Mortgages on Other Real Estate TOTAL CURRENT ASSETS Chattel Mortgages Real Estate — Homestead - Real Estate — Held as Investment TOTAL LIABILITIES — Capital Stock (Paid In) Surplus & Undivided Profile TOTAL ASSETS TOTAL LIABILITIES & NET WORTH N AGENT'S RECOMMENDATION - Other Insurance written by a Florida Farm Bureau Insurance Company Other insurance to be placed with a Florida Farm Bureau Insurance in favor of applicant is: Company In favorof applicant is: TYPE POLICY NO.APPROX. ANNUAL PREM. TYPE APPROX. ANNUAL PREM. RENEWAL DATE INYOUROPINION HOW LONG HAVE WHAT IS HIS APPLICANT'S DOES APPLICANT CARRY IS HIS BUSINESS YES NO YOUKNOWNc REPUTATIONIN 6eev AGE: LIFE INSURANCE FOR YES ADEQUATELY INSURED? ❑ APPLICANT? / SCS HIS COMMUNITYi BENEFIT OF HIS BUSINE354 DO YOU RECOMMEND AGENT' ATURE. DATE: APPLICANT FOR ES NO THISSONO? ❑ 'if applicant is a corporation, additional indemnity agreement muse signed by Corp. President and either the Corp. Vice President or secretary and spouses. 11 Applicant is a Partnership, additional Indemnity agreement must be signed by at least two partners and spouses. AGREEMENT OF INDEMNITY (Please Read Carefully) The undersigned does, or do hereby, represent that the statements made in the foregoing and following interrogatories as an inducement to. THE FLORIDA FARM BUREAU MUTUAL COMPANY (being hereinafter called Company) to execute the bond applied for herein, are true, and should the Company execute said bond, does or do hereby agree as follows: 1. To pay the Company the usual premium charged in each and every year, as long as liability shall con- tinue under said bond, or any continuation or renewal thereof, or substitute therefor (said bond or any such continuation, renewal or substitute being hereinafter referred to as said bond), and until evidence satisfactory to the Company of the termination of such liability shall be furnished to it at its principle office in Gainesville, Florida. 2. To indemnify the Company against all loss, liability, costs, damages, attorney's fees and expenses whatever, which the Company may sustain or incur by reason of executing said bond, in making any investiga- tion on account thereof, in prosecuting or defending any action which may be brought in connection therewith, in obtaining a release therefrom, and in enforcing any of the agreements herein contained; and if the Company shall be required or shall deem it necessary to set up a reserve in any amount to cover any claim or claims under any bonds executed for undersigned, or for any reason whatsoever, undersigned will immediately on demand deposit with the Company current funds in the amount of such reserve, to be held by the Company as collateral. 3. That the Company shall have right, and is hereby authorized, but not required: a. To adjust, settle or compromise any claim, demand, suit or judgement upon said bond, unless the undersigned shall request the Company to litigate such claim or demand or defend such suit or to appeal from such judgement, and shall deposit with the Company collateral satisfactory to it in kind and amo. b. To fill up any blank or blanks left herein, and to correct any errors in filling up any such blank or blanks, it being hereby agreed that any such insertion or correction shall be prima facie correct. 4. That in event of payment, settlement or compromise, in good faith, of liability, loss, costs, damages, at- torney's fees and expenses, claims, demands, suits and judgements as aforesaid, an itemized statement thereof, sworn to by an officer of the Company, or the voucher or vouchers or other evidence of such payment, settle- ment, or compromise shall be prima facie evidence of the fact and extent of the liability of the undersigned in any claim or suit hereunder. 5. To waive, and does or do hereby waive, all right to claim any property, including homestead, as exempt from levy, execution, sale or other legal process under the law of any state or states. 6. That the Company shall have the absolute right to cancel said bond in accordance with any cancellation provision therein contained, or to procure its release from said bond under any law for the release of sureties, and the Company is hereby released from any damages that may be sustained by the undersigned by reason of such cancellation or release. 7. That this obligation shall be for the benefit of any person or company that may join with the Company in executing said bond, or that may at the request of the Company, execute said bond, and also for the benefit of any company or companies that may assume reinsurance upon said bond. 8. That any property of any kind which may have been or may hereafter be pledged as collateral security with the Company, or any sums paid to the Company of any one or more of said bond(s) heretofore or hereafter executed or procured to be executed by the Company, may be applied in the discretion of the Company to any premiums, demands, losses, costs, damages and expenses of whatever kind or nature (including fees of special counsel whenever by the Company deemed necessary) which' may be sustained on any of said bond(s), and any such collateral or sums so pl ced with or paid to the Company may be held by the Company until all liability and responsibility on any of said bond(s) shall have terminated; but that the Company shall not be obligated to so apply and its failure to do so shall not release the indemnitor(s). 9. That separate suits may be brought to recover hereunder as causes of action shall accrue, and the bring- ing of suit or the recovery of judgement upon any cause of action shall not prejudice or bar the bringing of other suits upon other causes of action, whether theretofore or thereafter arising. 10. That nothing herein contained shall be construed to waive or abridge any right or remedy which the Company might have if this instrument were not executed. SUPPLEMENTTO BOND APPLICATION Plaintiff Name of Court and County Name and Address of Attorney Explain purpose of bond ATTACH BOND FORM REQUIRED COURTBOND LOST SECURITIES BOND Case Number Serial Number and description of lost instrument Date of instrument Describe manner of loss Are securities payable to bearer? ❑ Yes ❑ No Are securities endorsed? ❑ Yes If registered, in whose name registered? Has notice of loss been given? Yes ❑ No When? If the lost. instrument was a check, has payment been stopped by the dra PROBATE BOND NO FINANCIAL STATEMENT NEC ❑ Administrator❑ Executor❑ Trustee❑ Guardian❑ Other(Specify) Estate of If Guardian or Trustee, give name and age of ward What is your relationship to the deceased or the,Wrard? County where bond will be filed Name of Attorney Address If Company requests joint control, will applicant consent? ❑ Yes ❑ Yes Date of ❑ No To whom? ❑ No If so, when? ❑ No Case PUBLIC OFFfCIAL BOND ,1 NO FINANCIAL STATEMENT NECESSARY Elected ❑ Appointed ❑ By whom Date Term of Office years. If for more than one year, will the premium be paid annually C In advance for the term C Will bond be required for term or annually? County _ Do laws require bond to include Faithful Performance of Duty? Yes ❑ No ❑ Has applicant previously occupied this position? Yes C No ❑ H so, during what period? From 19_. Who then furnished bond? Why is a change now desired? When were the accounts last audited? 19_ -Wwhom? How many deputies will you have? Other employees? _ Will they furnish bonds? Yes No `: Estimated Net Worth of applicant $ 11. That the above agreements shall bind the undersigned and the heirs, executors, administrators, successors and assigns of the undersigned, jointly and severally. 12. That the above agreements shall apply to any and all obligations of suretyship which have or may be executed, renewed, continued, or extended by the above named Company on behalf of the undersigned. SIGNED, SEALED AND DATED THIS DAY OF WITNESS WITNESS WITNESS ATTEST: I 0 � SECRETARY (SEAL) IF WDIVIDUAL SIGN HERE (SEAL) IF CO -PARTNERSHIP, CO -PARTNERSHIP AND ALL CO-PARTNERS SIGN HERE (SEAL) INDIVIDUAL AND AS CO-PARTNER (SEAL) INDIVIDUAL AND AS CO-PARTNER (SEAL) INDIVIDUAL AND AS CO-PARTNER IF CORPORATION SIGN HERE NAME OF CORPORATION BY PRESIDENT ADDITIONAL INDEMNITY AGREEMENT To be executed by the Executive Officers of said Corporation in their individual capacities, or by other indemnitors. In consideration of THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY executing the obligation herein applied for and warranting sufficient interest in applicant's affairs and intending to be bound by applicant's obligations, the undersigned jointly and severally hereby agree(s) to indemnify the Company and join(s) in the foregoing Indemnity Agree- ment, which is hereby incorporated herein and expressly made a part hereof. However, any indemnitor may by written notice to the Company at its Home Office, Gainesville, Florida, disavow his liability as to bond(s) which may be executed by the Company subsequent to fifteen days after receipt by the Company of such notice. SIGNED, SEALED AND DATED THIS DAY OF WITNESS WITNESS 79_ Printed for lawyera' Title Guaranty ®®Fund, Orlando, Florida arra.5tty 'Deed (STATUTORY FORM—SECTION 889.02 F.S.) ahto 31tbrnture, Made this 7th day of June 19 67, Between VENICE LYON LILLEY, an unremarried widow, of the County of Pinellas , State of Florida grantor*, and HENRY A. FISHER whose post office address.is Sebastian, of the County of Indian River , State of Florida grantee*, Wttueggeth, That said grantor, for and in consideration of the sum of ------------------------ Ten Dollars -----------------------------Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the fol- lowing described land, situate, lying and being in Indian River County, Florida, to -wit: - <X'liiiliillilll I The Sout(twest one quarter (SWC) of the Southeast( _s j rD one quarter (SEJ) of Section 7, Township 31 South, I�_rLI ! t Range 39 East said property lying and being in �• Indian River bounty, Florida. Subject to taxes _accruing subsequent to December 31, 'IJz I. 11 i 1966;. i5 Subject to easements, restrictions, and rights of way npllll!!!1!!! Ci of record A1N1100 —` 23AN NVI041 4,4 r and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. a "Grantor' and "grantee" are used for singular or plural, as context requires. 3n Mitttess Whereof, Crantor has hereunto set grantors hand and seal the day and year first above written. Signed, s aled and delivered in our presence: (Seal) /yl,��. o VENICE LYO LILLEY,'an unremarried widow. (Seal) As—to Venice Lyon Lilley, (Seal) Seal) STATE OF Tennessee COUNTY OF Sullivan I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally .. appeared VENICE LYON LILLEY, an unremarried widow, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State Inst aforesaid this day of a Tth.q 19 B7. :Public• , My commi.; r •...pires: tar y, Rfy Commission Erpiras Sc,,`:ember 9,1967, _ _ h OFFICIAL RECORD �l 7 ..1` �':ACf O_tpl/ z/j oy6s5 'd a //rte r3 g 0",( 7G//M 31rJ/�/1Y9,7 I'O/Y07j , � S v0,<JAYY+S oNr� 09 a'D1 i/�99ld' :/e s i' 'a'. /voiY Jlwa oN/rYt /...i O A6'BZ F/ .46"Pe IF NOM �wo� OL6f 7/rwb' 10 6Y0 i-gr2 DH1 S/Nl Os1 d0/ � Y / Oro bg 9Aod, i0 J'O,? lr JJ/d /roY/ 0sr >? airs' • \�• • L •Jit 'G •i'oJ9S O , '039MO/V.V LN' ,�O 1 SB B -3 Nl 01 gl rrn �.� 6 ONy ep i/lYl t/ A3AY?S-O/rs lY.S!1 ONN No/1.�9Y/O AAV 3b.Z g� �90N/! DOI'W ,(3A-V7rn1 Jr. Nd Sl N9 S9d'd9d' V>1JJ/S iA080' H1 1rH1. .<!/1 D'�7 ,(9�7 a'�y I r �oiro �� �0 31 V1 s i a�sot3T�sa ^g. � ti' ua � :iodaAang pusZ_Tsuoisseso d �,tA o dap rc// auk s?u3 Pa�s� ° Z •deTTag Pus eSpatnoui; fiy z.; sqj: o,4 e1ssrtoos Pus arLaq sT dgdialBodo dabv �ssva� �, r`4 ,�a.r MO"Z 39c13 �1YW�xob•ddY .�J - ,,s �t".-��, .i.�z;._Tp .iapun epsm Seesns Tangos u-a , :uaseucio.z 1tgldl odo! aAogs oq Isq, LiT-4zeo Sge seq I /(�7 Nd/ON/ f S6'� 6� b H1 /7YJ S IC o'/Ll1 L b'g1lypwo 193MH1no9 Z 7/1 YO A _PA b`/? S -7/0 J 1 -7 y1 S �g y - oc�o� � n�-�a � nssv 'now•�nn� m p0b�� i Q1CiY2� �a°Mn ti t ZC QI o0a 1, N Y^Y I' ♦ 04 pU r 7, a o�AL e <�` o r 3reT ty 04 AY ® ROBERT J. ROBERTS 7150 - 20th Street, Suite A, Vero Beach, Florida 32960 Office Phone 562-4116 After Hours 567-9421 July 30, 1981 The City of Sebastian P. 0. Box 127 Sebastian, Florida 32958 RE: Henry A. Fischer & Sons Permit Bond # 661821 Dear Sirs: Enclosed herein please find copy of General Purpose Rider for the above named Insured in regard to the Bond that was issued in error to the State of Florida- Indian River County, Florida. This Bond has now been correced to -show the City of Sebastian as Obligee. If you need any additional information, please advise. incerely, , &A .UAS; ( phi Robert J. Roberts /shy Enclosure CC: Henry A. Fischer & Sons "Serving you is my privilege" FLORIDA FARM BUREAU INSURANCE COMPANIES •- FLORIDA FARM BUREAU MUTUAL INSURANCE CO. • P.O. BOX 730 GAINESVILLE, FLORIDA 32602 GENERAL PURPOSE RIDER To be attached to and form part of Bond Number. June 30, 1981 COMPANY in the amount of on behalf of as Principal and in favor of the State of Florida , Indian River County, FL LB 661821 effective issued by FLORIDA FARM BUREAU MUTUAL INSURANCE Seven Thousand and 00/100 ------ DOLLARS Henry A. Fischer as Obligee: Now, Therefore, it is agreed that: the Obligee shall be: the City of Sebastian It is futher understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 30th day of June _ 1981 Signed, sealed and dated this 27th day of July 19 81 FLORIDA FARM BUREAU MUTUAL INS. CO. By: -_ —9 torn n-FaIT ct J Taylor The above is hereby agreed to and accepted: Notary Public, State of Florida at 4 By b i ee- c f ge�R2Ce P My Commission Expires April 21, 1984 pLLLCCCUUU 9 Bonded ihre hay Fain Inaunnce Inc. PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. LB 661821 That we, Henry A. Fischer as Principal and FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY incorporated under the laws of the State of Florida, with principal offices in Gainesville, Florida, as Surety, are held and firmly bound unto State of Florida - Indian River COUntY El in penal SUM Of Seven thousand and 00/100 ----------- (*7'000.00*)Dollars, lawful money of the United States, for which payment, well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Signed, sealed, and dated July 10 1981 WHEREAS, the above bounden Principal has applied for a permit. for the term beginning June 30, 1981 and ending June 29 1982 , from the following described property (see sketch of survey - attached) NOW THEREFORE, the condition of this obligation is such that if a Permit is granted to the said Principal and if such Permitee shall during the life of said permit faithfully observe all the Ordinances of said Obligee, and faithfully perform the duties required by Ordinances, rules, or regulations and will repair or pay all costs of repair, for any road damage which may result from the above permit, then the above obligation shall be void; otherwise to be and remain in full force and effect. It is understood and agreed that this bond may be continued by continuation certificate signed by the Surety. It is further understood and agreed that if the Surety shall so elect, this bond may be cancelled by giving thirty days notice in writing to said Obligee. In the presence of: Henry A. Fischer FLORIDA FARM BUREAU MUTUAL INS. CO. �.1J,�.�,� � �_ A _ � • %�..�i-cam JQR. Taylor, ttorney-In-Fact FLORIDA FARM BUREAU MUTUAL INSURANCE CO. P.O. BOX 730 GAINESVILLE. FLORIDA 32602 CERTIFIED COPY NO. 66-100 POWER OF ATTORNEY Know all Men by these Presents: That THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Florida, and having its principal office in The City of Gainesville, Florida, hath made, constituted and appointed, and does by these presents make and constitute and appoint ROYCE CHESSER and/or J. R. TAYLOR in true and lawful Attorney+n-Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings required in amounts not exceeding TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) and to certify copies of this Power of Attorney under seal of said Company, and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the common seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of The FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY at a meeting duly called and held on the 16th day of June, 1965. Resolved: That the President, or any Vice President, may execute for and in behalf of the Company any and all bonds, re"nizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the Company affixed thereto by the Secretary, or any Assistant Secretary, and that the President, or any Vice President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the seat of the Company thereto; and that the President, or any Vice Preside... t, may at any time remove any such AttorneyJn-Fact and revoke all power and authority given to any such Attorney -in -Fact. Resolved: That Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are, also, authorized and empowered to certify to a copy of any of the by-laws of the Company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and to certify copies of the Power of Attorney and all other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of the Company or of AttorneysJn-Fact. In Witnms fNreneof, FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, has caused these presents to be signed by in President and its corporate seat to be hereto affixed, duly attested by its Secretary on this JUL* T fast (SEAL) �' r i Attest X_aSecretary 1-2.890 (REV. 11/78) THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY By ident ( t �| � } It 2 »2 a it � kta #� - |� § �� ROBERT J. ROBERTS 7150 - 20th Street, Suite A, Vero Beach, Florida 32960 Office Phone 562-4116 After Hours 567-9421 July 30, 1981 The City of Sebastian P. 0. Box 127 Sebastian, Florida 32958 RE: Henry A. Fischer & Sons Permit Bond # 661821 Dear Sirs: Enclosed herein please find copy of General Purpose Rider for the above named Insured in regard to the Bond that was issued in error to the State of Florida- Indian River County, Florida. This Bond has now been correced to show the City of Sebastian as Obligee. If you need any additional information, please advise. � , ncerely .R&& ( &� Robert J:. Roberts /shy Enclosure CC: Henry A. Fischer & Sons "Serving you is my privilege" FLORIDA FARM BUREAU INSURANCE COMPANIES �✓ Q .. FLORIDA FARM BUREAU MUTUAL INSURANCE CO. P. O. BOX 730 GAIN ESVILLE,FLORIDA 32602 GENERAL PURPOSE RIDER To be attached to a:d form part of Bond Number LB 661821 effective June 30, 1981 issued by FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY in the amount of Seven Thousand and 00/100 ---- DOLLARS on behalf of Henry A. Fischer as Principal and in favor of the State of Florida -- Indian River County, FL as Obligee: Now, Therefore, it is agreed that: the Obligee shall be: the City of Sebastian It is futher understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 30th day of June 1981 , Signed, sealed and dated this 27th day of July 1981 , The above is hereby agreed to and accepted: By: b i gem e-1ckn- Receipt FLORIDA FARM BUREAU MUTUAL INS. CO. By �R �_—. At torn - n -Fact J Taylor C PERMIT BOND - Bond No. LB 661821 KNOW ALL MEN BY THgSE-PRESENTS: Thdt:w� Henry A Fischer INSURANCE COMPANY incorporated .as principal and FLORIDA FARM nder the laws of the State_WVlorida, with principal offices in Ile, Flo , as Surety, are held and firmly bound unto State of Florida Indian River County F1 in penal sum of Seven thousand and 00/100 ----- —---- (*7.Oo9.09*)Dollars, lawful money of the United States, for which payment, well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Signed, sealed, and dated July 10, 1981 WHEREAS, the above bounden Principal has applied for a permit . for the term beginning June 30. 1981 , and ending June 29, 1982 from the following described property s,esketch of survey - attached) NOW THEREFORE, the condition of this obligation is such that if a Permit is granted to the said Principal and if such Permitee shall during the life of said permit faithfully observe all the Ordinances of said Obligee, and faithfully perform the duties required by Ordinances, rules, or regulations and will repair or pay all costs of repair, for any road damage which may result from the above permit, then the above obligation shall be void, otherwise to be and remain in full force and effect. It is understood and agreed that thi's bond may be continued by continuation certificate signed by the Surety. It is further understood and agreed that if the Surety shall so elect, this bond may be cancelled by giving thirty days notice in writing to said Obligee. In the presence of: Henry A. Fischer Principal FLORIDA FARM BUREAU MUTUAL INS. CO. T Any J4JR. Tabor, 4kttorney-In-Fact 0 p sa��ti eh a oo^� to a 'lnti boy° 94 a L. GENE HARRIS Mayor TO: FROM: DATE: SUBJECT: City of Sebastian POST OFFICE BOX 127 O SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 M E M O R A N D U M Deborah C. Krages City Clerk Roger Cloutier Building Officia May 16, 1986 Dr. Henry Fischer Bonds Sandmining In reply to your Memorandum dated May 12, 1986, I must object, at this time, to any cancellation or release of bonds for Dr. Fischer's mining operation with regard to Dozier -Fischer Mines. Roger Cloutier Building Official Recent problems and a Memo from Mr. James W. Davis, Public Works Director for Indian River County, has not as yet been resolved to my knowledge. If this bond is cancelled then I must request another bond be acquired for this project. RC/dhm Attachments BOARD OF COUNTY COMMISSIONfs'RS 184025th Street, Vern (leach, I.7urida x''!460 Telephone. (305] 587 -Bow May 7, 1906 Dr. Henry Fischer P.O. Box fib Sebastian, F1. 32958 6uncom ielepnone 424-1011 Subject: Mining Activities South of 99th Street Near Breezy Village Mobile Home Park Dear Dr. Fischer: Many residents of Breezy Villaqc Mobile Home Park in the unincorporated area of the County are complaining of the following mining activity impacts on the area. 1) Heavy truck traffic is creating an intolerable dust problem. The residents are hiving difficulty with health respiratory problems and in keeping their homes clean. As per our recent phone conversation the watering that you ace doing is not being effective in this drought condition of the past 30 days. 2) Trucks-' are depositing sand on Vickers Road (99th Street) as they travel from the site. This is creating a hazardous condition on the road. 3) A pot hole has formed .in US 1 right-ol-way where the fill trucks that are nnrthliound on US] turn into the mininq operation. 4) The mining equipment is being oper.lLed very early in the morning'disturbing the nearby residents. Although the mining operation is in the City of Sebastian, I feel that these problems mutually djfr,c•f County. Che. City and the i Dr. Fischer Page two May 7, 1986 I will be glad to meet with you, the City of Sebastian, and the Breezy Village Property owners to resolve these problems. Sincerely, James W. Davis, P.E., Public Works Director JDart cc• ector Franco, City Engineer, City of Sebastian Michael Wright, County Administrator Bob Keating, Planning & Dev. Director Sam Romano, Breezy Village Albert VanAuken, Road and Bridge Dept. Mike Galanis, Environ. health Director City of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 TO: Roger L. Cloutier Building Official FROM: Deborah Krag¢! City Clerk ,�-C` X�— RE: Fischer Bonds Sandmining 9 ro M May 12, 1986 0 Deborah C. Krages City Clerk Attached, please find the original letters received from Western Surety Company with the intent to cancel the bonds held for sand mining. Those bond numbers are 40779091 and R40779090. Thanks! d attachments (as noted) OD% Western Surety Company EVERYTHING IS ANSWERED THE DAY WE RECEIVE IT May 5, 1986 �\ 17!;118 1986 'A City Clerk City Hall City of Sebastian Sebastian, FL 32958 Re: Bond #R40779090 Henry A. Fischer P. 0. Box 68, Sebastian, FL 32958 Mining Oper. Permit -City of Sebastian Gentlemen: We wish to take advantage of the cancellation clause con- tained in this bond. You are hereby notified that this bond is cancelled and voided as of the 10 day of June, 1986. WESTERN SURETY COMPANY I L� /�a� Karen Klaras Underwriting Officer KK/aa cc: Agent cc: Principal • SIN0 1400 J1h1j Sterveons Feeway ■ P O No. 2P." • Uaa,is t% 15261 ■ PMvu: 2141651 2M i f r OD% Western Surety Company EVERYTHING IS ANSWERED THE DAY WE RECEIVE IT May 5, 1986 City Clerk City Hall City of Sebastian Sebastian, FL 32958 4I (t n yr r1 49036 1 Irl: Re: Bond #40779091 Dozier -Fischer Mines P. 0. Box 68, Sebastian, FL 32958 Mining -Sebastian, FL Gentlemen: We wish to take advantage of the cancellation clause con- tained in this bond. You are hereby notified that this bond is cancelled and voided as of the 6 day of June, 1986. WESTERN SURETY COMPANY Karen Klaras Underwriting Officer KK/aa cc: Agent cc: Principal SINCE- 1000 :i0'i0 Siernmons Neeway ■ P 0 ©o. 225Wb • Uwwn i% /:a4BS ■ Pnond'21416:11 2020 M E M O CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION 1225 MAIN STREET SEBASTIAN, FLORIDA PHONE: 589-5330 STAN KRULIKOWSKI, CHAIRMAN a March 20, 1987 TO: Mayor and City Council FROM: Linda Kinchen Secretary Planning and Zoning RE: Sandmining Permit - Dr. Fischer At their regular meeting held on March 19, 1987, the following motion was made: MOTION TO APPROVE THE SITE PLAN FOR THE PROPOSED SAND MINING PERMIT AS SUBMITTED BY DR. HENRY FISCHER SUBJECT TO ITEMS ONE, SEVEN AND NINE OF RANDY MOSBY'S LETTER DATED MARCH 12, 1987 WITH OUR RECOMMENDATION TO THE CITY COUNCIL TO APPROVE AND GRANT THE SPECIAL USE PERMIT. SECONDED BY MR. WADSWORTH. PASSED UNANIMOUSLY BY ROLL CALL Please find below items one, seven and nine as stated above: 1) A special use permit must be obtained by the City Council. 7) An Indian River County Right -of -Way permit is required for driveway connection to C.R. 512. 9) A sand mining Bond is required - Amount to be set by the City Council. Should you have any questions, please feel free to contact mer L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 City Clerk March 31, 1988 Dr. Henry A. Fischer 10725 U.S. #1 Sebastian, FL 32958 Dear Dr. Fischer: Please be advised that my letter to you dated March 24, 1988, Paragraph #1 should have specified that your Pr l m'narv_ Plat for Sand Lake Park Subdivision was approved by the City Council at their Regular Meeting held March 23, 1988, with contingencies. I am sorry for any inconvenience caused you by the wording of my original letter. Sincerely, Rathr n M. O'Halloran, CMC/AAE City Clerk sam 3 City of Sebastian L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 M, yo, TELEPHONE (305) 589-5330 M E M 0 TO: Kathryn M. O'Halloran City Clerk FROM: Bruce Cooper Building Offic' 1 DATE: March 30,'1988 REF: Sand Lake Park Subdivision Bruce Cooper Building Offical You had questioned the above reference project and what was actually approved by Planning and Zoning and the City Council. Even though the memo from Planning and Zoning stated that they approved the concep— tual plan and presented as such, all documents and discussions from Planning and Zoning and City Council were for approval of the preliminary plat for a subdivision. In the future, I will try and assure the wording is in its proper form. BC/ldf cc: Robb McClary City Manager City Of Sebastian L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 March 24, 1988 Dr. Henry A. Fischer 10725 U.S. #1 Sebastian. Florida 32958 Dear Dr. Fischer: Kathryn M. O'Halloran City Clerk For your records and information, the City Council of the City of Sebastian at their Regular Meeting approved your conceptual plan for Sand Lake Park with contingencies from the Planning and zoning Commission. The contingencies are as follows: 1. Letters of intent regarding utility hook ups be supplied. 2. Statement be added to plan regarding utilities. 3. Verification of all lot sizes to be made and if necessary corrected. Should you have any questions concerning this matter, please feel free to contact this office between the hours of 8:00 A.M. and 4:30 P.M. Monday thru Friday. - Sincerely, Kathryn M. O'Halloran CMC/AAE City Clerk cc: file M E M O CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION 1225 MAIN STREET SEBASTIAN, FLORIDA PHONE: 589-5330 STAN KRULIKOWSKI,CHAIRMAN r r March 29, 1988 'fi0: Kathryn O'Halloran City Clerk FROM: Linda Kinch en Planning and Zoning RE: Sand Lake Park Per our phone conversation, please be advised that Sand Lake Park is a mobile home subdivision and not a mobile home PUD. After checking the minutes, the only reference made to this site plan was that a statement be added to the plat plan regarding utilities. The City of Sebastian Land Development Code refers to the first approved drawing for subdivisions as preliminary plat plans. Therefore, your records should reflect that a preliminary plat plan was approved and not a conceptual plan. Should you have any further questions, subdivision regulations can be located in section 20A-16.1, Land Development Code. M E M O CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION 1225 MAIN STREET SEBASTIAN, FLORIDA PHONE: 589-5330 STAN KRULIKOWSKI,CHAIRMAN March 9, 1988 TO: Mayor and City Council -FROM: Planning and Zoning RE: Sand Lake Park_ Please be advised that the conceptual development plan for Sand Lake Mobile Hone Park was approved by the Planning and Zoning Board at their regular meeting held on February 18, 1988. The motion to approve the plan was unanimously approved with the following contingencies: 1) Letters of intent regarding utility hook ups be supplied. 2) Statement be added to plan regarding utilities. 3) Verification of all lot sizes to be made and if necessary corrected. We have atteched copies of the utility letters and plans are forthcoming. R -o) BO, .D OF COUNTY COMMISSIO. :RS 1840 25th Street, Vero Beach. Florida 32960 Telephone: (305) 567-8000 February 24, 1988 Dr. Henry Fischer 1077.5 US Highway #1 Sebastian, FL 32958 RE: WATER AND WASTEWATER TO PROPOSED DEVELOPMENT Dear Dr. Fischer: Suncom Telephone: 2241011 As per our telephone conversation of Monday, February 22, 1988, the Indian River County Utilities Department has no objection to an intermediate, temporary connection to Breezy Village or Park Place Utilities for water and wastewater service to your proposed development. When County facilities are available however, you must connect to the County facilities. Connection to Breezy Village or Park Place must be approved by the Department of Environmental Regulation (DER). You must submit your utility plan to Indian River County and DER for approval prior to construction. Also, it will be necessary for Indian River County to approve the contracts,between the utilities. Should you have further questions, please contact this office at telephone 567-8000, extension 465. Sincerely, " /- is I 1 6 iPit ' TE NCE G. PINTO Director of Utility Services TGP/1� cc: Commissioner Don C. Scurlock, Jr., Chairman Board of County Commissioners BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: 1305) 587-8000 March 3, 1988 TO WHOM IT MAY CONCERN: Svncom TTbphone: 2241011 Henry A. Fischer, Post Office Box 780068, Sebastian, Florida 32978-0068, has reserved capacity at the proposed North County Wastewater System for the Sandlake Mobile Home Park. He has reserved a total of 125 Equivalent Residential Units (ERU's) for the parcels listed below: 20-31-39-00000-7000-00005.0 - 100 ERU's 20-31-39-00000-7000-00006.0 - 25 ERU's If we can be of any further assistance or can provide additional information, please contact us at (305) 567-8000, extension 458. Sincerely, K Jeffrey K. a on Assistant Director of Utility Services JKB:h 1 f II WARM.,,, sees � •IIOY CONrONAT10N -q.0 Marrantp JMeeb 04ts 4tibelthirel Made, rho 2nd day of January , A.D. 1986 ?Beltatttt K and D Investsseyst Corporation , a mpoalon erofinSr under the /aur of the Starr of Florida , haling it, prinripal phare of bwinm in the County of Indian River arrd Starr of Florida and law fully authorized la 1171111,111 bwinm in the Sart of Florida, pony of dee fire part. and Henry Anthony Fischler -y� of the Courtly of Indian River and Stare of Florida `. party of the erond pan'Nihtesselll: That the Yard party of Ihr first pan, for and in rowrilrrntion of r% uw of HX •Ipr______________________________________________________________________ Dollon, 1 to it in hand paid by the said parry of to stand pnn, the waipt whereof u hereby arinowkdgrd has gamed, Y A, bargained and sold to the mid party of the strand part, his kin and avigm foresee. the fol/ourng deerikd V ti land situate, lying and beim it, Ihr Cou,ay of Indian River and Share of Florida, to-wC q \ An rmdivided one-half (rs) interest ins •••-���� `Nis the Northta3at k of the Southeast h of Section 20,�1bwnship 31 South, ti Fango 39 Feet, said lard lying and being in Indian River County, Florida. b AND C'p f the the 0It of thefSoutheast , 4Vanship 31 South, , Range39 Fast, mid land landnow lying anbeing in Indian River County, Florida. • � ,z ..rte,. �,,,•, � azo �' yin" , IDE. IT. - I4i. i L SS; e -o m-� w <�C:j RY FREDR WRI6YT, Clut d EtrRR 4mt sir hdlsn Rlvsr CnR,v - M tiv.✓c rC..JI-�-t• Y -n;- a� i r: W o0 in And the mid pony of de frit pan does hereby fully npnant the tide to said land and 411 defend the mine against the lawful ekinu of all pennon wlmasoern. _ Pin 3MUness 01lereuf, the midpanyo/tbc/n'nr (CaTowe pont has mused dee paenti to k signed in is now by Srah� is paper offirrn. and is evTomtr roe/ to le affixed, atrrn- Auer:al by it,smrtary the day n'jyrar abase an%en. nrraryR and D Investment Corporation N,gnetl, stales nnb beliberen in prretace of us: jl� is -� Spi s �ema.t.tli, —'— oidrneti•'. Wle itness 7104. burns mR"I pnpomh by: hhlnn tote of Aloriba, 1 (90UHtg of INDIAN RIVER J} ,I Prebq (Qertifg 11141 an thin 2nd day Of January A. D. 19 86 , &1orc tur prrmunlly appeaml RICHARD M. DOZIER 41111 Ardent and Samay mprniwly of K 6 D INVESTMENT CORPORATION . 4 rorpontion un&r the /aur of I& Siotr n/ Florida to mr kilo%" to k the pnrom who mired the lorrgoing innrnrnem as mmh of%irn and Y.Irrally orknoidol(Kd Ihr exerntgn thr"I to k tkir Kiri aft and dad m rurh office" /or the nut and purpour the rrin tnratiorml and that they affiurd thento the o//irial mel of wjJ cmpon- tion, and that the said instrument u the ut and dnd o/ mel cwpontion - NihICSS my tiVumrm• 11111101/1, ia/ rill nt Vero Beach. Florida in the County at Indian River and SmK : 2i 1 �B y/ Florida . o " p the day mrd pu lam allaamid. _;• r : a : ; UP Writ. "clary Pu6i%,Thla Ncdd. . . ' al (..mm i.;en Frno.., tppL •.1'�; i MF 11 19G ..�.. r� diary AW, "1 y Md- �• it ^ nor ,Y r WWI 400,40725pw 1 051 z a n � �H y ^ nor r x � n x o eo WWI 400,40725pw 1 051 f-( City of Sebastian POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958 Deborah C. Krages Mayor TELEPHONE (305) 589-5330 City Clerk April 18, 1984 Dr. Henry Fischer P. O. Box 68 Sebastian, Florida 32958 Dear Dr. Fischer: For your records we are enclosing copy of Ordinance No. 0-84-8 which has been recorded by the Clerk of the Circuit Court: AN ORDINANCE ANNEXING THE NW 1/4 OF THE SE 1/4 OF SEC. 20, T 31S, R39E AND THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SEC. 20, T 3IS, R 39E; SAID LAND ABUTTING THE SOUTHEAST PORTION OF THE CITY AND LYING WEST OF THE FEC RAILWAY, EAST OF SEBASTIAN HIGHLANDS UNIT 16; CONSISTING OF 50 ACRES, MORE OR LESS. IVery �truly yours, Deborah Krages City Clerk ._ LR Enc. BG,.. D OF COUNTY COMMISSIO. 'RS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (305) 587-8000 April 12, 1985 Dr. Henry A. Fischer P. 0. Box 68 Sebastian, FL 32958 Suncom Telephone: 424-1011 RE: REZONING OF 50 ACRES OF PROPERTY SOUTH OF BREEZY VILLAGE Dear Dr. Fischer: On April 10, 1985, the Board of County Commissioners voted 4 -to -1 to waive their right to object to your request to rezone 50 acres of land annexed into Sebastian during 1984. However, the Planning and Zoning Commission has stated that they would like to review the site plan for this development before it receives approval from the City of Sebastian. If you have any questions, feel free to contact me. Sincerely, Richard Shearer, ICP Chief, Long -Range Planning RS/b cc: Robert M. Keating, AICP Sylvia Flood INDIAN RIVER COUNTY CERTIFICATE OF ZONING APPROVAL N2 2250 INDIAN RIVER COUNTY ZONING DEPARTMENT DATE: // �, FEE: /D D. 00 PROPERTY OWNER:_��i The land described as follows:— � PARCEL # Street Addr with lot dimensions or is zoned This structure is to be used��Z//[��+���'W This Certificate becomes invalid unless work is commencodwAn 6 months and completed within I year with minimum set -back requirements in this zone. Front / Side Side Rear When house is on corner lot the set -back from each street R -W shall be / S� and maximum building height of -3 Minimum floor area of I---- sq. ft. is required for a single family dwelling in this zone. This Certificate is. For Approval of Zoning Only and Fee Is Not Refundable. Form 004-205-2 �0 City of Sebastian Jim Gallagher POST OFFICE BOX 127 O SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 July 30, 1985 Mr. Gregory J. Gore Attorney At Law P. 0. Box 384 Sebastian, Florida 32958 RE: Henry A. Fischer/Sand Mine Dear Greg: Deborah C. Kra9es City Clerk In reviewing our records, please be advised that the City of Sebastian has the legal description of the proposed sand mining operation of Henry Fischer's. Our records indicate that the Planning and Zoning Commission requested that Dr. Fischer have the bond company place the legal description on that bond to assure the city that the bond is to cover the proper location of the sand mining project. I have attached copies of the minutes of the Planning and Zoning, reflecting same as well as a copy of the letter to Dr. Fischer. Should you have any questions please feel free to contact me. Very truly yours, -L��..�--cam. Deborah C. Krages City Clerk d attachments CC: Dr. Henry A. Fischer r%k +� GREGORY J. GORE ATTORNEY AT LAW P. O. BOX 384 1507 U.S. 1, SUITE 2 SEBASTIAN, FLORIDA 32958 305 - 589-0055 GEORGE H. GORE �= OF COUNSEL July 24, 1985 Debbie Krages City Clerk P.O. Box 127 Sebastian, FL 32958 Dear Debbie, 9 JUL 2 g 19n5 At the recent Zoning and Planning meeting of July 11, 1985, the Planning and Zoning Board requested a legal description of that property upon which Dr. Fischer wishes to conduct sand_ mining operations. For your reference I enclose herein his correspondence of September 29, 1981, together with attached warranty deed indicating legal description. Thank you. Very truly yours, A Gregory J. GJG/sc Enc. cc: Dr. Henry Fischer HENRY A. FISCHER, D.D.S. P. O. BOX fib SEBASTIAN, FLORIDA 32958 OFFICE PHONE: 589-5337 September 29, 1981 Jim Davis, County Engineer County Administrators Office 2345 - 14th Avenue Vero Beach, Florida Dear Mr. Davis: The Dozier - Fischer mine (see legal desc. below) is in operation following the site plan originally submitted to the County Aad is about 50% completed and will be in operation for the coming year. The Northwest 1/4 of the Southwest 1/4 of Section 20, Township 31 South, Range 39 East; said land lying and being in Indian River County, Florida; F.Wcc The North 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 20, Township 31 South, Range 39 East; said land lying and being in Indian River County, Florida. HAF/pc Sincerely, /✓' W *- Henry A. Fischer 218681 BE w �lalrtR ID U Q � 01 10 118 /N � N hd (SIA11110" 100—SICION 619.11 US_) ftsi Jnbttdm. Ate - 'N' 15th day of January a N4, Inwraw..d ray 9,. ,.d by ".. NORNAN A. 24EP Add„„ P. 0, boa 2613 Vern Beach, Florida 72960 19 79 . sawn RICHARD N. DOZIER and CATHERINE P. DOZIER, his vile, of sw C«" el Indian R1wr . Sala al Florida . yom..: end R and D INVESPIENr CORPORATION .Iww see,.4fk. edd.w n 102 Silver Shore Raad, Vero Beach, Florida 12960 N M C... el Indian River Sal. of Florida wonr.. •. aeMSM14. Ibex wd yanler. Is, e.rd M Cenyld.reNen of nw ,wn M--------____�- -_ v.ed er•1 .aluob4 ren-d.roli.w a yeid yew- M I-nd said by aid eranM. Ib. r.,wtd .h.,«f n he eby ac4n.-4da.d fw, yaw.d. b.,";M d and wld a W. ,dd even-.. end ye,e.iI heir, end a,vyly b...w, ft W . W Md 4d..4.%. ff•W arrd be;q in IndianRiverCw ' Ibrrdo, b.a. An undivided one -hall interest 1n1 The Northwsat 1/4 of the Southeast 1/4 of Section 20, Township 31 South, Range 39 Rest; said land lying and being in Indian River County, Florida; AND The North 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 20, Township 31 South, Range 39 East; said land lying and being in Indian River County, Florida. IILf D FOR NCCCFD Subject to uatrictlons, reservations, eassarncd and ]Liuti6fGh oF'Y4d6h0i ALOVE 6Ec-;.O \f C1Iif0 • ~�:.\ U I,rMj NIAI = 1979 ,it ,•.. �� _fLC_NItLA 1 _ \ ..T ... IdYlrnlry� II�00. 5 c; ...1 Iv. �cy C a�u -.n. yu.•w. w.. rw.ey wn, .-row rn. pn. w ,ae wrd. end .,e d.4nd dw nrrw .9.w,r rM b.lGl <Ylf�n, el all 1 Mrwn, .hwn,e.wr • "O.enle," sed •.yen-.' aw -wd M -.puler w P6'.1' m ,a o JIM ■IIM// 1♦IItrM(. Chewer b, M..rnra y., yanlw', I•and and ybl A* dot erd ywr h.w obaw .�nr.n .'e•ee. w4a end O,V.wW .w M p.,eN. � i CA 1GcGt,xt +l_ C 4� l�+ sun CN FL141DA CO"T101 INDIAN FIVER 1 ,aefey CIRlwy „rsr M A, d., b.le., w e. ••-•w drlY eue4lyd b bY.-,t.o�4d9...n.r q•w�e Ry ope.a.,d RICHARD N. DOZIER and CATHERINE P. DOZIER, his wife bore t Uey . wuwd ,ti raw WII,43S w bN -•.d MM..I ,.d w rlr Cou.,y end S..w ba elw.wd dw. 15th de, M Jasua,T. 1979 � ey. .w....... ..w... nwo.y s,er My C—.d.e 6n 117 11 • ''0405 191Aa 1 089 40 / MINUTES: PAGE 5 PUBLIC HEARING AND REGULAR MEETING JULY 11, 1985 MOTION BY MR. WADSWORTH, SECONDED BY MR. THOMPSON, TO GRANT THE MINING PERMIT REQUEST AS SUBMITTED BY DR. FISCHER, CONTINGENT ON THE LEGAL DESCRIPTION BEING ADDED TO THE PERMIT BOND. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. CHAIRMAN EISENBARTH STATED THAT MR. RICHARD FEY HAS REQUESTED THAT HIS REQUEST BE TAKEN OFF THE AGENDA FOR THIS MEETING. MOTION BY MR. THOMPSON, SECONDED BY MR, WADSWORTH, TO RESCHEDULE THE PLANNING AND ZONING COMMISSION MEETINGS TO JULY 25, AUGUST 8, AUGUST 22, 1985. MOTION CARRIED. MR. THOMPSON STATED THAT HE WOULD LIKE TO SEE THE DATE CHANGES ADVERTISED IN THE LOCAL NEWSPAPERS. MOTION BY MR. THOMPSON, SECONDED BY MR. FULLERTON, TO TABLE DISCUSSIONS REGARDING THE ANTENNA ORDINANCE, AND PLANNING AND ZONING REVIEWING ALL STRUCTURES INCLUDING RESIDENTIAL, PRIOR TO PERMITTING, UNTIL THE JULY 25, 1985, MEETING. MOTION CARRIED. THERE WAS A BRIEF DISCUSSION REGARDING THE TREASURE COAST REGIONAL PLANNING COUNCIL. CHAIRMAN'S MATTERS: CHAIRMAN EISENBARTH STATED THAT HE WAS IN RECEIPT OF A LETTER FROM MAYOR GALLAGHER, TO THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS, REGARDING THE RE-ROUTING OF C.R. 512. CHAIRMAN EISENBARTH QUESTIONED IF THE PLANNING AND ZONING COMMISSION SHOULD POSSIBLY SEND A LETTER IN CONJUNCTION WITH THE MAYOR'S LETTER, AND SEND POSITIVE IDEAS AS TO WHERE THE ROAD SHOULD BE. THERE WAS A LENGTHY DISCUSSION REGARDING THE RE-ROUTING OF C.R. 512. MOTION BY MR. THOMPSON, SECONDED BY MR. FULLERTON, TO PURCHASE ONE CARTON OF TWELVE BANKER FILE BOXES AT $61.00, AND ONE BOX OF TWENTY-FIVE CLIP FOLDERS AT $24.56. MOTION CARRIED. MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO PURCHASE ONE BOX OF MANILA LEGAL SIZE FILE FOLDERS, NOT TO EXCEED $35.00. MOTION CARRIED. MORTGAGE DEED ^ TO CORPORATION FROM PROW . CM54 ^ RAMco FORM RE35 Thi�Vlortgage Execuled The HENRY day of January hereinafter called the morigagor,lio BARNETT BANK OF INDIAN RIVER COUNTY A. D. 19 86 by a corporation existing under the laws of the State of Florid:. , with its permanent posloffice address at 601 — 21st Stre t (P.O. Box 2767), Vero Beach, Florida hereinafter called the mortgagee: (Nlu,r, er used herein the terms 'mnngaaor" and "mortaagee" include all the parties to this instrument and the heist, legal repreNntativ,, and ayslIttm o individuals, end the sucnssnn and assigns of corporations; and the term "note" i oclude, all the notes herein docri it more than one.) Uitfle S6, that for gooand valuable considerations, and also in consideration of the aggre- gate sum named in The promissory n le of even date herewith, hereinafter described, The mortgagor here- by grants, bargains, sells, aliens, rem sea, conveys and confirms unto the mortgagee all the certain land of which the mortgagor is now seized nd in possession situate in Indian River County, Florida, viz: The Northwest 1/4 of the South ast 1/4 of Section 20, Township 31 South, t, Range 39 East; said land lying std being in Indian River County, Florida; and The North 1/2 of the North 1/2 o the Southwest 1/4 of the Southeast 1/4 of Section 20, Township 31 South, Range 39 East; said land lying and being in Indian River County, Florida. r N The above-described property is co ercial property and not the ly y constitutional homestead of the Mor gagor. IR �' W 4 Mortgagors covenant and agree that iA of the premises above-described, or a consent of the Mortgagee and without by the Grantee of the obligation to t mortgage, then, at the option of the Mortgagors, all sums of money secured and in default immediately and cuncur or not said sums are due and payable terms of this mortgage and the note s a conveyance should be made by them y part of them, without the written sumption in regular form of law Mortgagee created under this tgagee and without notice to the h reby shall become due and payable e tly with the conveyance, whether n in default under the specific cu ed hereby. Intangible • Tax $ , 0_ Docum^ntiry • Stamp $ -� &-D • (`— FREDA WRIGHT, Clerk of Circuit Court 'e_�L Indian River County • by A COPY. it 4r,�3(91 0-0 �fti�y N O To Bave and to Mold Ilre same, together will' the tenements, heredilumenis arid appurte- nancesthereto belonging, and lite rents, issues and profits thereof, unlo Ilre mortgagee, in fee simple.. And Ib,, mortgagor covenants with the mortgagee Ilial Ila mortgagor is indefeasibly seized of said land in feesimple: tial Ilre mortgagor has good right and lawful authority to convey said land as afore- said: that the mortgagor will make such further assurances to perfect lire fee simple title to said land !n the mortgagee as may reasonably be required; that Ilre mortgagor hereby fully warrants the title to said land acid will defend lire same against the lawful claims of all persons whomsoever; and that said land is free arid clear of all encu orbra tires except taxes accruing subsequent to Decemeber 31, 1985. Provided Riways, that if said mortgagor shall pay unto said mortgagee the certain promis- sory note hereinafter suhslatit !ally copied or identified, to -wit: That certain promissory note executed by Mortgagor on January 2, 1986, in the principal sum of $200,000.00 providing for monthly payments of principal and accrued interest, if not sooner paid, due and payable January 2, 1989. a; to N ti. Q' I og. .Irvn t f) -,I ..t , It and shall perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants thereof, and of this mortgage, Then Ibis mortgage and the estate hereby created, shall cease, de- lermine and be null and void. find the mortgagor hereby further covenants and agrees to pay promptly when due the principal and interest and other sums of money provided for in said note and this mortgage, or either; to pay all and singular The taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said pro- perly; to permit. commit or suffer no waste, impairment or deterioration of said land or the improvements thereon of any lime; to keep the buildings now or hereafter on said land fully insured in a sum of not less than the full insurable value in a company or companies acceptable to the mortgagee, the policy or policies to he held by, and payable to, said mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to The mortgagor for any surplus; to pay all costs, charges, and expenaes, including lawyer's fees and title searches, reasonably incurred or paid by The mortgagee because of the failure of the mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenanis of said note and this mortgage, or either: to perform, comply with and abide by each and every the agreements, shpuletions, conditions and covenants set forth in said note and this mortgage or either. In the event the mortgagor fails to pay when due any tax, assessment. insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest law- ful rate then allowed by the laws of the State of Florida. Ifany sum of money herein referred to be not promptly paid within fifteen days next after the same becomes due, or if each and every the agreements, stipulations, conditions and covenants of said note and this mortgage, or either, are riot fully performed, complied with ,and abided by, then the entire sum mentioned in said note, and this mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the mortgagee, become and be due and payable, anything in said note or herein to the contrary notwithstanding. Failure by the mortgagee to exercise any of the rights or options herein provided shall not ronstifule a waiver of any rights or options under said note or this mortgage accrued or thereafter accruing. In Isitness 10hereof, the said mortgagor has hereunto signed and sealed these presents the day and year first above wrifien. Signed, sealed and delivered in the presence of: , .T...I...... .. .......................................... . . .......... ................................................... ......... /................................. ....................................................... ® STATE OF FLORIDA, 1 COUNTY OF INDIAN RIVER f I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared HENRY ANTHONY FISCHER 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 seat in the County and State last aforesaid this 2nd day of P3apu$ry, A. D. ig 86. n O Notary Pub ic, State of F orida at Large My Commission Expires: �• JT;ir r'• JOAN L. MORRIS, Tlat Lutnimeni prrpnred Gy: Barnett Bank of Prlrlrrct P.O. Box 2767 Vero Beach, FL Vice President Indian River County 32961-2767 Bond No. 59 45 51 KNOW ALL MEN BY THESE PRESENTS: That we, Dozier -Fischer Mines as Principal and RELIANCE INSURANCE COMPANY incorporated under the laws of PHILADELPHIA, PENNSYLVANIA, as Surety are held and firmly bound unto City of Sebastian, Florida in penal sum of FIFTEEN THOUSAND AND 00/100 ($15,000) Dollars, lawful money of the United States, for which payment, well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns,. jointly and severally, firmly by these presents. Signed, sealed and dated June 14, 1985 Whereas,.the above bounden Principal has applied for a permit a Mining Operation for the term beginning June 6, 1985 , and endino June 6, 1986 from the following described property NOW THEREFORE, the condition of this obligation is such that if a Permit is granted to the said principal and if such Permitee shall during the life of said Obligee, and faithfully observe all Ordinances of daid Obligee, and faithfully perform the duties required by Ordinances, rules, or regulations will repair or pay all costs of repair, for any road damage which may result for the above permit, then the above obligation shall be void; otherwise to be remain in full force and effect. It is understood and agreed that this bond may be continued by continuation certificate signed by the Surety. It is further understood and agreed that if the Surety shall so elect, this bond may be cancelled by giving thirty days in wrk',('n 901 said Obligee. In the presence of: G PRINC)PAL RELIANCE INSURANCE COMPANY Susan Weiss Attorney -In -Fact re // PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: That we, Dozier -Fischer Mines BOND NO. R-40779091 as Principal and WESTERN SURETY COMPANY incorporated under the laws of SIOUX FALLS, SOUTH DEKOTA, as Surety are held and firmly bound unto City of Sebastian, Florida in penal sum of FIFTEEN THOUSAND AND 00/100 ($15,000.) ) Dollars, lawful money of the United States, for which payment, well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated April 29, 1986 Whereas, the above bounden Principal has applied for a permit a Mining Operation for the term beginning June 6, 1986 , and ending June 6, 1987 from the following described property The Northwest 1/4 of the Southwest 1/4 of Section 20, Township 31 South, Range 39 East; said land lying an being in Indian River County, Florida` AND The North 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 20, Township 31 South Range 39 East; said land lying A being in Indian River County, Florida_. NOW THEREFORE, the condition of this obligation is such that if a Permit is granted to the said principal and if such Permitee shall during the life of said Obligee, and faithfully observe all Ordinances of said Obligee, and faithfully perform the duties required by Ordinances, rules, or regulations will repair or pay all costs of repair, for any road damage which may result for the above permit, then the above obligation shall be void; otherwise -to be remain in full force and effect. It is understood and agreed that this bond may be continued by continuation certificate signed by the Surety. It is further understood and agreed that if the Surety shall so elect, this bond may be cancelled by giving thirty days in writing to s�id Obligee. In the presence of: OL TITLE WESTERN SURETY COMPANY 6AIICHi EL J. RIORDAN, III tt ney-In-Fact POWER OF ATTORNEY Knor• All Men by These Presents: (irrevocable) BOND No. R-40779091 • • llfiat this Power of Attorney is not valid or in effect unless alinched to the bond which it authorizes executed. but may be detached by the al•proving officer if desired. That Western Surely Company, a corporation, does hereby make, constitute and appoint the following TWO . = authorized individuals: in the City of.Sf' Pa4'crchlr,State of lawful Attorney(s) in fact with full power e d authority hereby conferredto signexecuteacknowledge x and llimitedver authority, its behalf as true and Surety, one of the following bonds. , , , An ORIGINAL bond required by Statute, Decree of Court or Ordinance for: MAXIMUM PENALTY (A) ADAIINISTRAIOR EXECUTOR P1MRIN)AL REPRESE - fRJ,\RUTANTAIIVE N OF IN(OMPEIF.NT CONSERVATOR OF INCOMPETENT (URNOR 1RtISIEF—(Teslal111M p'Only) SALE OF REAL OR PLR $1,000,000 TRIAL PROPERTY— When this company has yualifylnr bond m when it is a separate bend for accounting of proceeds of are only, RPI IIREE IN IS\RTO ION CR SI REALEAAIE OR TRUST RE El%Ell 1RU51 EE OR RCCEO CR — In Bankruptcy (Excluding Chapter 11) Int GUARDIAN OF MINOR OR CONSERVATOR OF AIINUR $ 10,000 ,ICI NOTARY PUBLIC PUBLIC OFFICIAL AND DEPUTIES RECEIVER —(In Stale Court only) $ $0,000 1D) PLAINTIFF'S COURT BOND — Banks, Savings A Loan, and Trust Companies (Except Restraining — All Others, except bonds prohibited by -NOIE-below Order and Iniunction $ 100,000 $ 20,000 (El OPEN REMOVAL CAUSE) OF 5 Al SUPEDINRSEDEAS OR GUARANTEE OF A JUDGMENT $ 2,000 01 LICENSE AND PERMIT EXCEPT BONDS N'IIERE TIIE STATE IS THE OBLIGEE SPECIAL FUEL USERS $ 25.000 IGT $ 2,000 ANl' nONU OR INUITAINIIY provided there Is ansched to this Power of AllarI Ii written authority in the form of an endorsement, leuer or telegram, signed Chairman of the ( ilualmi If Presideal, Vice President. Assistant Vice Praldenl. Secretary. Treasurer or Assistant Secretary Western surety sethe s cctl1 xeculiard Its execution or COmP.,y i NO I:: SUIT: ITSL DRAS. OR OPEN III: NAI.1 Y OR SIAM BONDS ON AI'M AI. (IR GUAR ANIT IE OF JUDC;XI F Nr OR RAI I. BONDS OR CONSTRUCT JON 1111) OR (ON1RAC'1 BONDS OR BONDS FOR DLFENDANIS OR U'IILI'I'Y DEPosIT BONDS ARE NOT AUTHORIZED BY Tills POWER OF AITORNID'. except as Provided in Section ICT). WESTERN SURETY COMPANY further certifies that the following is a trite and exact copy of Section 7 or the By -Laws of the Western Surety Company, duly adopted and now in force, lo -wit: 'Section 7. All bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the Chnirman of the Board. President. Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The Chairman or the Board. Presidcnl. any Vice President. Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds. Policies. or undertakings in the name or the Company. The corporate seal is not necessary Tut the validity of any bonds, politics, undertakings. Powers of Attorney or other obligations of the corporation - the signature of any such officer and the corporate seal may be printed by facsimileJJ Dalid this 291h day dApol 1985, /J ,j"� W E S T E R N SURETY COMPANY 6 SSI Assistant Secretary By STATE OFSOUTIT DAKOTA Codnty of Minnehaha �- Ss President On this 29th day of April, 1995, before me. a Nalary Public. Personally xPnoord JOE P. KIRBY. who being by me duh' s oro, acknowledged that he the above Power or Attorney as.Nesident f try aid WESTERN SURETY COMPANY and acknowledged aid instrument to be the voluntary actend deed of said corporation M� commission ex{airt?s i i- ,November 7B. 1991 ' Notary Public, South Dakota I. ihk andenigned nnieef of the Western Sorely Compam', a stack corMuatlon of The Sole of South Mkoa, do hereby certify, that the attached Power of Attorney is In run force and erred and is irrevocnbiq nnd,funhermore. that Section 1 of the By -Laws or the company as set forth In the Power of Nlormy. is now in forte. .,..I n,lathhony whereof. I have hereunto set my hand and The sol of The Western Surety Company this day of W E S T E R U Y O MP A N Y 'IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same dole as the bond. By FORM 99-A-2-85 PRESIDE J011ls Illd,� lzt v.a n\.c a r w c.j y .....� .. .. In the presence of: ASSOCIATED BUSINESS INSURANCE TEL.: 231-2022 May 30, 1986 Deborah Krages City Clerk City of Sebastian P. 0. Box 127 Sebastian, FL 32958 RE: Dr. Henry A. Fischer Dear Deborah: c pFF5510N' 2 s4RANCF AF'F P. O. BOX 3250. 2911 OCEAN DRIVE VERO BEACH, FLORIDA 32964 This letter is to certify that Associated Business Insurance, 2911 Ocean Drive, Vero Beach, FL, is currently in the process of underwriting the two permit bonds, now up for renewal, to be submitted to the City of Sebastian by 06-06-86. A. Fischer, Dozier Mines - $15,000 B. Henry A. Fischer - $10,000 If there are any questions concerning this letter, please feel free to call. Sincerely, James E. Schwiering, CIC JES/kmd L. Gene Harris Mayor June 5, 1986 City of Sebastian POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Kmgn TELEPHONE (305) 589-5330 City Clerk Dr. Henry A. Fischer Fischer & Sons, Inc. Post Office Box 68 Sebastian, Florida 32958 RE: Sand Mining Bonds replacement Dear Dr. Fischer: Just for the record, the City Council during their Workshop Meeting, approved the issuance of new bonds as replacement bonds for your sand mining projects, previous bond numbers R40779090 and 40779091, subject to the review and approval of the new bonds by City Attorney Thomas C. Palmer. Should you have any questions or require any additional information please do not hesitate to contact me. Very truly yours, Deborah C. Krages City Clerk d CC: Roger Cloutier Building Official Cit)) of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 May 30, 1986 Dr. Henry A. Fischer Fischer & Sons, Inc. Post Office Box 68 Sebastian, Florida 32958 Dear Dr. Fischer: Pursuant to our conversation, this date, iust for the record the proposed cancellation of your bonds will be an agenda item during the Workshop Meeting, June 4, 1986. I have enclosed a copy of the agenda and a complete package of the information supplied to the council for the meeting on Wednesday. Should you have any questions or require any additional informatioq please do not hesitate to contact me. Very truly yours, 1 Deborah C. Krages City Clerk d attachments (as noted) Deborah C. Kmgm City Clark City of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 May 30, 1986 TO: MAYOR AND CITY COUNCIL FROM: DEBORAH C. KRAGESQ a-o,,4-1�— RE: SAND MINING BONDS - DR. FISCHER Deborah C. Krages City Clerk The bonds on file for Dr. Fischer's sandmining projects are being replaced by new bonds and the underwriter for the bond company will have all the information in my office sometime on Monday. This informa- tion will be delivered to you prior to the Workshop meeting. wo City of Sebastian L. GINE HARRIS POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 M E M O R A N D U M TO: Deborah C. Krages City Clerk FROM: Roger Cloutier Building Officia DATE: May 16, 1986 SUBJECT: Dr. Henry Fischer Bonds Sandmining In reply to your Memorandum dated May 12, 1986, I must object, at this time, to any cancellation or release of bonds for Dr. Fischer's mining operation with regard to Dozier -Fischer Mines. Roger Cloutier Building Official Recent problems and a Memo from Mr. James W. Davis, Public Works Director for Indian River County, has not as yet been resolved to my knowledge. If this bond is cancelled then I must request another bond be acquired for this project. RC/dhm Attachments Henry Fischer E7 Sons, Inc. Land Clearing 0 Top Quality Fill P.O. Box 68, Sebastian, FL 32958 (305)589-3159 May 12, 1986 Mr. James W. Davis, P.E. Public Works Director 1840 25th Street Vero Beach, Florida 32960 RECEIVED RE: Breezy Village Political Action Committee Dear Mr. Davis: In regards to Breezy Village Mobile Home Park, please be advised that Henry Fischer & Sons, Inc. has been making every effort to keep dust down on roads leading to our mine off 99th Street. As you know, the mine has been in use for ten years. The watering that we have been doing has been effective. There is little or no dust created by this road. I have checked with Mike Galanis of the County Health Department and he thought continual watering and oiling of the road would be an effective procedure to keep the dust down, and so do I. Shortly, within the next few days, we will have this road asphalted. Even though we will be finished mining this area shortly, we have decided to asphalt this road, at considerable cost to Henry Fischer & Sons „ Inc. to keep the road from causing dust to be beyond question. We have cleaned Vickers Road and will continue to do so on a regular basis. Any of the problems we have with the D.O.T. should be addressed by all mining operations and traffic in that area, i.e., Saw Mill Ridge, Flesher's Hauling, etc. We are just a minority user of 99th Street. Our pit is utilized only during the allotted hours. Breezy Village creates much traffic from service trucks, trash collectors, and contractors with the trailer park for instance. Lastly, the County has site planned a large industrial area directly alongside Breezy Village where a gigantic mini - warehouse complex is under construction. The Breezy Village residents must feel this is my project and my equipment is being used on this large industrial site. Once and for all, I am not doing any construction on the mini -warehouse complex. The noise and the sand coming from the construction area is that Mr. James W. Davis, P.E. RE: Breezy Village Page 2 66 May 12, 1986 of their retention areas directly alongside Breezy Village and 99th Street. The construction of the warehouse starts at sun- rise; when my employees are coming to work, the construction people at the warehouse site are banging on aluminum, working on machinery, etc. Henry Fischer & Sons, Inc. seems to be the people that take the credit continually by the Breezy Village Political Action Committee. The work is being done by Lenco Corporation and Global Paving, and it is of interest to note that most of the labor and noise is being done by out of county construction people. Sincerely, Henry A. Fischer, President HAF:sf cc: Hector Franco, City Engineer, City of Sebastian Michael Wright, County Administrator Bob Keating, Planning and Development Director Sam Romano, Breezy Village Albert VanAuken, Road and Bridge Department Mike Galanis, Environmental Health Director V Mayor Gene Harris, City of Sebastian BOARD OF COUNTY COMMISSIONERS 1840 251h filreel, Veru Ilearh, Florida :1:.'960 Telophone. (305) 567-6000 May 7, 1986 Dr. Henry Fischer P.O. Box 68 Sebastian, F1. 32958 Suncom 7614phone 424-10tt Subject: Mining Activities South of 99th Street Near Breezy Village Mobile Home Park Dear Dr. Fischer: Many residents of Breezy Village Mobile home Park in the unincorporated area of the County are complaining of the following mining activity impacts on the area. 1) Heavy truck traffic is creating an intolerable dust problem. The residents are having difficulty with health respiratory problems and in keeping their homes clean. As per our recent phone conversation the watering that you ace doing is not being effective in this drought condition of the past 30 days. 2) Trucks" are depositing sand on Vickers Road (99th Street) as they travel from the site. This is creating a hazardous condition on the road. 3) A pot hole has formed in US 1 r.i.ght-of-way where the fill trucks that are northbound on USI turn into the mininq operation. 4) The mining equipment is being opera Led very early in the morning'disturbing the nearby residents. Although the mining operation is in the City of Sebastian, I feel that these problems mutually alfor•1 the City and the County. Dr. Fischer Page two May 7, 1986 I will be glad to meet with you, the City of Sebastian, and the Breezy Village Property Owners to resolve these problems. Sincerely, James W. Davis, P.E., Public Works Director J% cc• ector Franco, City Engineer, City of Sebastian Michael Wright, County Administrator Bob Keating, Planning 6 Dev. Director Sam Romano, Breezy Village Albert VanAuken, Road and Bridge Dept. Mike Galanis, Environ. Health Director City of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 TO: Roger L. Cloutier Buitdine Official FROM: Deborah C. Krag City Clerk RE: Fischer Bonds Sandmining W E M May 12, 1986 1#1 Deborah C. Krepes City Clark Attached, please find the original letters received from Western Surety Company with the intent to cancel the bonds held for sand mining. Those bond numbers are 40779091 and R40779090. Thanks! d attachments (as noted) Western Surety Company EVERYTHING IS ANSWERED THE DAY WE RECEIVE IT X31 141 May 5, 1986 NAY $ 1986 City Clerk City Hall City of Sebastian Sebastian, FL 32958 Re: Bond I1R40779090 Henry A. Fischer P. 0. Box 68, Sebastian, FL 32958 Mining Oper. Permit -City of Sebastian Gentlemen: We wish to take advantage of the cancellation clause con- tained in this bond. You are hereby notified that this bond is cancelled and voided as of the 10 day of June, 1986. WESTERN SURETY COMPANY /� qo_&� Karen Klaras Underwriting Officer KK/aa cc: Agent cc: Principal • SINCE 1900 3050 Stemmons Freeway ■ P. O. Box 225908 ■ Dallas, T% 75265 ■ Plrone 21416312020 OD% Western Surety Company EVERYTHING IS ANSWERED THE DAY WE RECEIVE IT May 5, 1986 City Clerk City Hall City of Sebastian Sebastian, FL 32958 Re: Bond 1140779091 Dozier -Fischer Mines P. 0. Box 68, Sebastian, FL 32958 Mining -Sebastian, FL Gentlemen: 41�rS F,: uy n Swi7 told 's We wish to take advantage of the cancellation clause con- tained in this bond. You are hereby notified that this bond is cancelled and voided as of the 6 day of June, 1986. WESTERN SURETY COMPANY 1<a_ _ Pe� Karen Klaras Underwriting Officer KK/aa cc: Agent cc: Principal • SINCE 1900 3050 Stemmons Freeway 0 P. O. Box 225906 IN Dallas. Tx 75265 ■ Phone 2141631-2020 To Mayor Jim Gallagher SUBJECT AT UA It r n 20077 TRIP Dear Jim: Prior to Dan Blair leaving the employ of the City I made a copy of the attached information and requested that the sand mining project be checked into. it the sub3ect property is being mined at the present time, our records indicate that a permit has not been issued EE— or applied or. ease advise mei you wouldlike or my o ice o pursue is ma er or turn it back to the building department. Does the county hold legal ability to continue to monitor the permit progress, even Eno ug it >t was annexe into our city on Apr.il 11 1984? Please advise me. T�Tanks PLEASE REPLY TO �.� .45469 POLY PAK (50 SETS) 4P 469 SEND PARTS I AND 3 INTACT - PART 3 WILL BE RETURNED WITH REPLY. l County Wal"Yos Abjection ' County commissioners Wednes• condemning right on thn, ghallow acgpi{er and, 44y voted 4-1 to waive their right lila cumltY for this puts the acqullec in jeopardy. to object to the rezoning of 6o the way it tills !'Tile aGquifer there Is already aa- gcrea loWgO youtil of Ortipoy YII- Iwntjlad land puatid, and It's a public drinkluil lose. The land, zoned agricultural, was mining In the • pant. Thu prop-- water resource, It's a very danger., ous tiling that you'rq dptpg," (Pira anneaed by Sebastian In low. The arty is the site Bowman said, owner of the property, Dr, Henry ri"or, is requesting the city to of a laid -min- ;'' ing operation. Bub Keating, county director o[ rezone the land to a mobile home ,Wage been planning and development, told park district. Tile county licit till)..J� .' "steep at the commissioners that . the mining right to object to re/ton ecyyg - i" MaffgY Plowman switch; wn're operation on the proporty now woo ,(arra after anneitatiun. operating under aptiquated mining approved long pgq. "Today. we Cogilplaaippor Maggy Spwmaq operations," Mrs.- Hownuln said, wouldn't allow lap 4gptp thgt'ii 0Jtop . Qiatl�nSu�Y Cpm; i'Tjtia l� 1 critlyal area that alfa' going In thorn.", ._.L-re:ear• .:n..,p:1i nyL.loc.•.-� .1 t City of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 February 6, 1987 MEMO FOR RECORD RE: AS PER SECTION 7-120, CITY CODES I have inspected sand mining operations at Henry A. Fischer Sand Mining off of 99th Street north of Park Place. I have not found or seen any violations. I measured property set- backs on the north end and see no problems at this time. og Clou ier B ding Official/Code Enforcement Roger Cloutier Building Official C. Owner: Henry A. Fischer 10725 N. US 1 Sebastian, FL 32958 Richard Dozier 702 Silver Shores Road Vero Beach, FL 32960 Property Owners within 200 feet. Breezy Village, 6140 97th Street , Sebastian, FL 32958 Nelson Hyatt, 12505 N. AlA, Vero Beach, FL 32963 F.E.C. Railway Company, P.O. Drawer 1048, One Mahaga Street, St. Augustine, FL 32084 General Development Coapany, 1111 South Bayshore Drive, Miami, FL 33103-0025 D. Monday through Friday, 7:OOa.m. to 6:00 p.m. E. See Plan A. F. Approxiamately 300,000 cubic yards H. 1,440 feet I. See Plans (Previous mine 80% complete, 9 acres left within lake) J. See Plans K. Anytime, at any given point, a sample bore will be yellow sand. L. See Plan. L HENRY FISCHER AND SONS, INC. P. O. BOX 60 SEBASTIAN, FL 32058 215 Q VE ER OF ------ __ ___. _ __ _.- II ------. - _. ------ --� ii : •C}f:i� (,(�1-6: �� r!y�-„+i,4.•.�-lum•-ruY'�-'�-- DOLLARS ®601-21 Bank of Indian River County 001 - 21 BI $tlBBI Vero Beach, Florida 32060 0 q 0 Henry _ - ischer V Sons, Inc. Land Clearing • Top Quality Fill P.O. Box 68, Sebastian, FL 32958 (305)589-3159 July 11, 1985 Mr. Harold Eisenbarth, Chairman Planning & Zoning Commission City of Sebastian P.O. Box 127 Sebastian, FL 32958 RE: Henry Fischer & Sons, Inc., Vickers Road Sand Mining Permit Sebastian, Florida, Engineer's Project No. 84-113 Dear Mr. Eisenbarth: In reference to the May 15, 1985 letter from Randy Mosby to you, below I have listed answers to the questions. 4) The final site will be leveled to twenty-three feet (231) as per original proposal. The normal final grade equals twenty-three feet (23') M.S.L. 5) Core samples exist on mounds excavated on site. The first three feet is yellow sand, the remaining is tan (same as used for house pads for new construction in the City of Sebastian). The lake is 40% complete. 6) We have adequate vegetation on site to keep wind from blowing; natural vegetation exists. 7) All adjacent property that would be affected by run- off is higher than our existing site. The run-off from our project will stay on site as: we are lower than the adjacent property. The entire site is made up of yellow sand, which has 100% percolation rate. We don't have any run off. It is a large perc field. Sincerely, 4� 75ck Henry A. Fischer, President HAF:sf cc: File y Ci4) c f Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages Mayor TELEPHONE (305) 589-5330 City Clerk July 15, 1985 Dr. Henry Fischer P.O. Box 68 Sebastian, Florida 32958 RE: SAND MINING PERMIT REQUEST Dear Dr. Fischer; At their regular meeting, Thursday, July 11, 1985, the Planning and Zoning Commission passed a motion to approve your request for a Sand Mining Permit. The motion was passed contingent on the legal description being added to the Permit Bond. The Building Department will authorize a Sand Mining Permit to you as soon as the above mentioned is completed. If I can be of any assistance to you, please do not hesitate to contact me. Very truly yours, Brenda E. Schauman Secretary/Planning and Zoning Commission cc P&Z Commission Building Department MOSBY - ROBBINS AND ASSOCIATES, INC. CONSULTING ENGINEERS July 10, 1985 Mr. Harold Eisenbarth, Chairman Planning & Zoning Commission City of Sebastian Post Office Box 127 Sebastian, Florida 32958 Subject: Henry Fischer & Sons, Inc. Vickers Road Sand Mining Permit Sebastian, Florida Engineer's Project No. 84-113 Dear Mr. Eisenbarth: 1995 39TH AVENUE, SUITE D P.O. BOX 6368 VERO BEACH. FLORIDA 32961 305-569-0035 With reference to our letter dated May 15, 1985, we have reviewed the information resubmitted to us by Mr. Henry Fischer on July 9, 1985, for the subject project and determined that further information is required for items 4, 5, 6 and 7 of our original letter. We have discussed these items with Mr. Fischer and he has indicated that the required additional information will be provided during the July 11, 1985, Planning & Zoning meeting. Once Mr. Fischer has provided this required information, we will be in a position to recommend approval of the subject project. Should you require further information, please call. Ver ruly yours, V' Randa 1 L. Mosby President RLM:slt PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: Bonu .,o. 59 45 51 That we, Dozier -Fischer Mines as Principal and RELIANCE INSURANCE COMPANY incorporated under the laws of PHILADELPHIA, PENNSYLVANIA, as Surety are held and firmly bound unto City of Sebastian, Florida in penal sum of FIFTEEN THOUSAND AND 00/100 ($15,000) Dollars, lawful money of the United States, for which payment, well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated June 14, 1985 Whereas, the above bounden Principal has applied for a permit a Mining Operation for the term beginning June 6, 1985 and ending June 6, 1986 from the following described property _ NOW THEREFORE, the condition of this obligation is such that if a Permit is granted to the said principal and if such Permitee shall during the life of said Obligee, and faithfully observe all Ordinances of said Obligee, and faithfully perform the duties required by Ordinances, rules, or regulations will repair or pay all costs of repair, for any road damage which may result for the above permit, then the above obligation shall be void; otherwise to be remain in full force and effect. It is understood and agreed that this bond may be continued by continuation certificate signed by the Surety. It is further understood and agreed that if the Surety shall so elect, this bond may be cancelled by giving thirty days in writing to said Obligee. In the presence of: RELIANCE INSURANCE COMPANY Susan Weiss Attorney -In -Fact' RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Bobbi Bunter and Susan Weiss, individually, of Gainesville, Florida Its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakin€;s of Suretyship, in penalties not exceeding the sum of One Hundred Thousand 0100,000.00) Dollars each, and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other Of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1979, which provisions are now in full force and effect, reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem- nity or other conditional or obligatory undertakings and they shall also have Power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was Present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may, be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shell be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached:' IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has mused these presents to be sign ecyhy_its Vi President, and itswrporateseal to be hereto affixed, this 3rd day of December 1984- ( � // i A � RELIA CE IN U AN E COMPANY Irv.. ' I /, Vks Prfisident STATE OF Pennsylvania4b`+rrr •>` COUNTY OF ss. Philadelphia On this 3rd day of December , 198)4, personally appeared Raymond MacNeil to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seat of said corporation thereto, and that Article VII, Section 1, -; and 3 of the 8y -Laws of said Company and the Resolu- tion, set forth therein, are still in full force, w Ivry Commission Expires: u'°iOi C. % :moi!// �/�i:ti Ltr✓i C.-� '..'t�� v % September 28 '1987 �,Notary Public in and for State of Pennsylvania ^: Residing at Philadelphia J. A. Daily Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixedhe seal of said Company this 14 day of June 19 85 8OR-1031 Ed. 6/79 ���."` —�� Assistant Secretary �1 City of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages Mayor TELEPHONE (305) 589-5330 City Clerk lune 14, 1985 T0: Chairman Eisenbarth and () Planning and Zoning Commission FROM: Brenda E. Schauman Secretary/Planning and Zoning RE: Dr. Fischer - Sand Mining Permit Doctor Fischer has requested that discussion of his Sand Mining Permit request be removed from the June 20, 1985 Agenda. Doctor Fischer is expecting additional paper work on the above mentioned proiect which you will be receiving hopefully for your next scheduled meeting. Thank you. ►'►, Henry Fischer V Sons, AAic. Land Clearing • Top Quality Fill 5 P.O. Box 68, Sebastian, FL 32958 \ (305)589-3159 A T June 11, 1985 Deborah Krages, City Clerk CITY OF SEBASTIAN PO Box 127 Sebastian, FL 32958 Dear Mrs. Krages: Enclosed you will find the mining area that Henry Fischer & Sons, Inc. will be mining in the recently annexed mining property. We are awaiting the $15,000 bond from Farm Bureau. Thank you. Sincerely, Henry A. Fischer, President HAF:sf , cc: File THOMAS C. PALMER ATTORNEY AT LAW P.O. BOX 145,1037 MAIN STREET, SEBASTIAN, FLORIDA 32958 305-589-7550 May 10, 1985 TO: Planning & Zoning Commission FROM: Thomas C. Palmer, City Attorney Re: Sand Mining Permit - Dr. Fischer J '� Under the circumstances of this case, it appears that two matters have to be met prior to the issuance of a sand mining permit, as follows: 1. Dr. Fischer must designate an area of 20 acres or less as the active area for mining. �11 2. Dr. Fischer will have to provide a bond of one thousand dollars ($1,000.00) per acre for the active area. If the active acre is only fifteen (15) acres, the bond will be for $15,000.00. If the remaining active area is nine (9) acres, the bond amount should be for $9,000.00. I am assuming that the mining operation is in compliance with the conditions of the permit as specified in Section 7-118 of the City Code, and that has been ascertained by the P & Z. Very truly yours, •et — Thomas C. Palmer City of Sebastian Jim Gallagher POST OFFICE SOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Daniel L. Blair Mayor TELEPHONE (305) 589-5330 Building Official May 2, 1985 Ms. Deborah C. Krages City Clerk City of Sebastian Sebastian, Florida 32958 Re: Renewal Mining Permit South of Vickers Road - Sebastian Henry Fischer & Sons, Inc. Dear Ms. Krages: With reference to the above Renewal Permit, I have reviewed the Mining Site Plan and have no objection to having this presented to the Planning & Zoning Board for their review and consideration. Very truly yours, G/9 f(;rompson Acting Building Official RT/dhm MOSBY - ROBBINS AND ASSOCIATES, INC. CONSULTING ENGINEERS May 15, 1985 Mr. Harold Eisenbarth, Chairman Planning & Zoning Commission City of Sebastian Post Office Box 127 Sebastian, Florida 32958 Subject: Henry Fisher & Sons, Inc. Vickers Road Sand Mining Permit Sebastian, Florida Engineer's Project No. 84-113 Dear Mr. Eisenbarth: J�nn'5,P 1995 39TH AVENUE. SUITE D P.O. BOX 6368 VERO BEACH. FLORIDA 32961 305-569-0035 NY 1 5 1985 We have reviewed the information submitted for the subject project and request that the following items be properly addressed prior to the approval of the sand mining permit for Mr. Henry Fisher. Our comments are based on Article VIII, Mining and Excavation Code of Ordinances, City of Sebastian, Florida. 1• The owner needs to show that the sand mining operation lends itself to virtually one hundred percent (100%) recirculation of the lake water and does not contribute to either air or water pollution (Section 7-110(b)(1)). 2. The owner needs to provide additional information as to the purpose and detail of the joint lake connection between Mr. Fisher and the property owner to the south. It is also suggested that the city attorney be requested to provide a legal interpretation as to the legality of this connection. It should be noted that Section 7-118(a) does not allow mining operations within 150 feet of the outer perimeter of the property. 3. The owner shall provide the proposed truck routes to and from the suite during hauling operations. 4. A topography survey is required indicating existing and proposed contours for the total site. May 14, 1985 Mr. Harold Eisenbarth Page 2 5. The owner shall provide a log of soil borings with location map of at least one boring per each two (2) acres, a minimum of ten feet (10') below grade. 6. A detail description of proposed final landscaping and proposed erosion control methods should be provided. 7. The owner should provide information documenting that the proposed sand mining operation has no adverse effect on the adjacent properties overall drainage system and water supply system. 8. The owner must provide a bond guaranteeing compliance with the City of Sebastian Ordinances. The amount of the bond shall be $1,000.00 per acre. Once the above comments have been resubmitted to our office and adequately addressed, we will be able to recommend approval. Should you require further information, please call. Very truly yours, MOSBY-ROBBINS AND ASSOCIATES, INC. oe4 /. ,X4 Randall L. Mosby President RLM:slt May 22, 1985 I, Eric Fischer, have taken two (2) sets of drawings from the Fischer Sand Mining Permit file. Cit), Of Sebtulian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958.0127 Deborah C. Kragec Mayor TELEPHONE (305) 689-5330 City Clark May 20, 1985 Dr, denry Fischer P.O. Box 68 10725 U.S. yighway Nl Se¢astian, FL .42958 Dear Dr. Fischer; At; their regular meeting, Thursday, May 16, 1985, the Planning and Zoning Commission, received the enclosed letters regarding your Sand Mining Permit. The Planning and Zoning Commission has requested that I mail copies of the letters to you. If I can be of any assistance to you, please do not hesitate to contact me. Very truly truly yours, % Brenda R. Schauman Secretary/Planning and Zoning Commission cc enc. MOSBY — ROBBINS AND ASSOCIATES, INC. CONSULTING ENGINEERS May 15, 1985 Mr. Harold Eisenbarth, Chairman Planning & Zoning Commission City of Sebastian Post Office Box 127 Sebastian, Florida 32958 1995 39TH AVENUE, SUITE D P.O. BOX 6368 VERO BEACH. FLORIDA 32961 305-569-0035 ` NAY 1 5 1985 a Subject: Henry Fisher & Sons, Inc. Vickers Road Sand Mining Permit Sebastian, Florida Engineer's Project No. 84-113 Dear Mr. Eisenbarth: We have reviewed the information submitted for the subject project and request that the following items be properly addressed prior to the approval of the sand mining permit for Mr. Henry Fisher. Our comments are based on Article VIII, Mining and Excavation Code of Ordinances, City of Sebastian, Florida. 1. The owner needs to show that the sand mining operation lends itself to virtually one hundred percent (100%) recirculation of the lake water and does not contribute to either air or water pollution (Section 7-110(b)(1)). 2. The owner needs to provide additional information as to the purpose and detail of the joint lake connection between Mr. Fisher and the property owner to the south. It is also suggested that the city attorney be requested to provide a legal interpretation as to the legality of this connection. It should be noted that Section 7-118(a) does not allow mining operations within 150 feet of the outer perimeter of the property. 3. The owner shall provide the proposed truck routes to and from the suite during hauling operations. 4. A topography survey is required indicating existing and proposed contours for the total site. AMON .%%, May 14, 1985 Mr. Harold Eisenbarth Page 2 5. The owner shall provide a log of soil borings with location map of at least one boring per each two (2) acres, a minimum of ten feet (10') below grade. 6. A detail description of proposed final landscaping and proposed erosion control methods should be provided. 7. The owner should provide information documenting that the proposed sand mining operation has no adverse effect on the adjacent properties overall drainage system and water supply system. 8. The owner must provide a bond guaranteeing compliance with the City of Sebastian Ordinances. The amount of the bond shall be $1,000.00 per acre. Once the above comments have been resubmitted to our office and adequately addressed, we will be able to recommend approval. Should you require further information, please call. Very truly yours, MOSBY-ROBBINS AND ASSOCIATES, INC. M4 Randall L. Mosby President RLM:slt Hex"y Fischer F7 Sons, 1-_c. Land Clearing • Top Quality Fill P.O. Box 68, Sebastian, FL 32958 (305)589-3159 April 22, 1985 Mr. Harold Eisenbarth Planning & Zoning Board CITY OF SEBASTIAN P.O. Box 127 Sebastian, Florida 32958 :.rr 2,i cJ RE: Renewal Mining Permit, South of Vickers Road -Sebastian Dear Harold: Our County mining permit on the above mine was renewed in 1984 and brought up-to-date. Since the renewal, this mine site was annexed into the City of Sebastian. Therefore, we need to run this existing mine site through the Zoning Board to receive a renewal with the City of Sebastian. This mine has met all county requirements. The existing mining operation is already annexed into the City of Sebastian. We are in the final stages of this mine. We have done all the surface mining and are now in the final stages of completing our lake construction. The lake is 15 acres of which we have another 9 acres to do. The project is fifty (50) acres, with a fifteen (15) acre lake. We have completed the thirty-five (35) acres of surface mining and are now in the final stages of completing the fifteen (15) acre lake. Please let me know the date of the meeting. Sincerely, 4 t�__ Henry A. Fischer, President HAF:sf cc: File I Henry Fischer U Sons, Lx. Land Clearing • Top Quality Fill P.O. Box 68, Sebastian, FL 32958 (305)589-3159 April 22, 1985 Mr. Harold Eisenbarth Plaaning & Zoning Board CITY OF SEBASTIAN P.O. Box 127 Sebastian, Florida 32958 RE: -Renewal Mining Permit, South of Vickers Road -Sebastian Dear Harold: Our County'mining permit on the above mine was renewed in 1984 and brought up-to-date. Since the renewal, this mine site was annexed into the City of Sebastian. Therefore, we need to run this existing mine site through the Zoning Board to receive a renewal with the City of Sebastian. This mine has met all county requirements. The existing mining operation is already annexed into the City of Sebastian. We are in the final stages of this mine. We have done all the surface mining and are now in the final stages of completing our lake construction. The lake is 15 acres of which we have another 9 acres to do. The project is fifty (50) acres, with a fifteen (15) acre lake. We have completed the thirty-five (35) acres of surface mining and are now in the final stages of completing the fifteen (15) acre lake. Please let me know the date of the meeting. Sincerely, Henry A. Fischer, President RAF: sf cc: File 3/29/82 CITY OF SEBASTIAN, FLORIDA APPLICATION FOR SAND MINING PERMIT THIS APPLICATION FOR A SAND MINING PERMIT IS PURSUANT TO THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, SECTION 7-110, 7-111, 7-112, 7-113, 7-114, 7-11.5, 7-116. 7-117. 7-118, 7-119, 7-120, 7-121, 7-122, 7-123, 7-124, AND 7-125 AND RESOLUTION NO. R-81-15. SIX (6), PRINTS OF A MINING SITE PLAN SHALL ACCOMPANY THIS APPLICATION AS REQUTRED BY SECTION 7-115 AND PREPARED, SIGNED AND SEALED BY A PROFESSIONAL ENGINEER LICENSED IN THE STATE OF FLORIDA. PLEASE COMPLETE THE FOLLOWING: 1. DATE OF APPLICATION: !z 2. SECTION, TOWNSHIP AND RANGE TOGETHER WITH A LEGAL DESCRIPTION OF PROJECT AREA: (LEGAL SCIPTION MAY BE ATTACHED TO PPJEA ,I - TION.) l 0 oZ U 3 S X577 CU, Sc0 3. NAME AND ADDRESS OF OWNER OF RECORD: -.DH. TELEPHONE (INCLUDE AREA CODEYV J S 8 3 — ?0 S— c--1 4. NAME AND ADDRESS OF APPLICANT: (IF DIFFERENT FROM OWNER ATTACH LETTER OF AUTHORIZATION)_ c yt_� TELEPHONE (INCLUDE AREA CODE): ,/5. vATTACH SIX (6) PRINTS OF MINING SITE PLAN TO APPLICATION SHOWING AT LEAST THE FOLLOWING INFORMATION: -'a. Date of preparation, North arrow and scale. ( Not less than one (1) inch to two hundred (200) feet. ) -b. Key map of site with reference to surrounding areas and exist- ing street locations. ;V c. The Name and Address of the owner and site plan applicant together with name and address of each adjacent surrounding property owner within two hundred (200) feet of site plan area as shown on the most recent tax records. d. State days and time of day (start/finish) when proposed mining operation will take place. `Z- e. Describe and/or show proposed route trucks will take in traveling to and from the site during proposed mining activity. Zf. Indicate proposed total quantity of sand to be removed in cubic yards per year and anticipated total time until sand mining operation is completed. g. The bearing and distances of all property lines for the site in question and the area in acres of the total site. ,/h. The distance to the nearest intersecting street as measured along the roadway centerlines. Vi. Location and description of all existing and proposed fences, walls, structures, drainage facilities, lakes, bridges, entrances and exists, easements, utilities, railroads, streams, channels, swales, flood plains and trees greater than six (6) inches caliper measured four and one half (4�) feet from the base. /j. Topography based.on U. S. Coast and Geodetic survey datum showing existing and proposed contours for total site with contour intervals being one (1) foot interval for slopes less than five (5) percent and five (5) foot intervals for slopes greater than five (5) percent.. Contours shall extend one hundred (100) feet beyond site property lines. k. Location and log of soil borings with at ]east one (1) boringper two (2) acres and each borin a minimum of ten (10) feet below grade and/or one (1� foot below the normal water table. J 1. Detail description of proposed final landscaping, seeding, sodding, etc. m. Any and all other data which the City of Sebastian may require on the site plan. 6. Attach checkayable to City of Sebastian in the amount of Twenty -Five ($$25.00) Dollars as application fee for sand mining permit as per Resolution/G''' /R-81-15. 7. Signature of applicant: 'e J_ PLEASE DO NOT WRITE BELOW THIS LINE --FOR CITY USE ONLY 1. DATE APPLICATION RECEIVED: 2. APPLICATION FEE PAID: 3. SIX (6) PRINTS OF SITE PLAN ATTACHED: 4. DATE PERMIT GRANTED: 5. REMARKS AND COMMENTS: -2- ocz'� I iL.l' — — —2OI "" SPERIZ \ ALMS I$_Z°I �• ASSESSED IN I 1 i MOBILE 17-31-39 A(, I VILLAGE no I 1 6- T00 OU - COJ 0 Utt.l 1 II \ I II fl0 1 AI - I IGJ 11 wz p �z VLARGED SEC. 99TH ST PZ/ 0i1\ckJe- NLARGED SEC. 17 1570IM5 569 15671015671 1 560 95 WAY \ I P B Rl 98TH RD. VILLAG t 98TH LA c 98TH PI 1 < 'MOBILE HOME nolo IOiJJ �' C4) I O <� 7f.57 c r N Ac s oG` two L i.tc•0 Io Sd 'log c rg. _ _z�; oL. � — 610'= CG • I 704.09' 'o - - At00 I 6.35 IG -o G G Ac. I o� I^+ y f $ 00� C cvS.0 m1- z: v� C'0' Z-0 O Al VICKERS RD.f`LU': _- — - SE ENLARGED — v — ` Z j 5r: UiJ - I U.a' 1/4 OF 1/4'E c' ms SEC. I— ttl GIS.J AC S/D.I.IUNIT� j —TR.ATR. B\ I U rNJ P7 •)000 006.0 CITY. -UW 'i' — I �_ 1346 5 R DITCH 2 :n" C (Sfy B O. 5'1J'r —:1.20 - '� �r•�.�: ]:�'r.�c1 .'(t F.L. � �.::a::?a� �SCi•: (vl � j �� l2Sog PA I A Oef'o Alsw ! FL 32863 J CITY LIMITS smill • 3_75 H,v. " '700e) - L 21...E AL 9000 lXi3.CG ` i oU i.9B 1/ TUuO of ' \Uoj.2 AC Y O. 5'1J'r —:1.20 - '� �r•�.�: ]:�'r.�c1 .'(t F.L. � �.::a::?a� �SCi•: (vl � j �� l2Sog PA I A Oef'o Alsw ! FL 32863 J CITY LIMITS smill • C. Owner: Henry A. Fischer 10725 N. US 1 Sebastian, FL 32958 Richard Dozier 702 Silver Shores Road Vero Beach, FL 32960 Property Owners within 200 feet. Breezy Village, 6140 97th Street , Sebastian, FL 32958 Nelson Hyatt, 12505 N. AlA, Vero Beach, FL 32963 F.E.C. Railway Company, P.O. Drawer 1048, One Mahaga Street, St. Augustine, FL 32084 General Development Company, 1111 South Bayshore Drive, Miami, FL 33103-0025 D. Monday through Friday, 7:00a.m. to 6:00 p.m. E. See Plan A. F. Approxiamately 300,000 cubic yards H. 1,440 feet I. See Plans (Previous mine 8(% complete, 9 acres left within lake) J. See Plans K. Anytime, at any given point, a sample bore will be yellow sand. L. See Plan. )" c - 4 3/29/62 v& 1w, (x CITY OF SEBASTIAN, FLORIDA APPLICATION FOR SAND MINING PERMIT THIS APPLICATION FOR A SAND MINING PERMIT IS PURSUANT TO THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORI11A, SECTION 7-110, 7-111, 7-112, 7-113,,7-114, 7-115, 7-116. 7-117. 7-118, 7-119, 7-120, 7-121, 7-122. 7-123, 7-124, AND 7-125 AND RESOLUTION NO. R-81-15. SIX (6), PRINTS OF A MINING SITE PLAN SHALL ACCOMPANY THIS APPLICATION AS REQUIRED BY SECTION 7-115 AND PREPARED, SIGNED AND SEALED BY A PROFESSIONAL ENGINEER LICENSED IN THE STATE OF FLORIDA. PLEASE COMPLETE THE FOLLOWING: 1. DATE OF APPLICATION: 'y/ /9/8r5—_ 2. SECTION, TOWNSHIP AND RANGE TOGETHER WITH A LEGAL DESCRIPTION OF TI ON. AREA: (LEGAL -157 V ' CI LI Y BE ATTACHED TO PP1,I - '7Szz�� 3 S . Ur - c 3. NAME AND ADDRESS OF OWNER OF RECORD: -V� s, Q _ --- 2. M I) J so Q-e'� 6 TELEPHONE (INCLUDE AREA CODE?-. l � �7 4. NAME AND ADDRESS OF APPLICANT: (IF DIFFERENT FROM OWNER ATTACH LETTER OF AUTHORIZATION) TELEPHONE (INCLUDE AREA CODE): AA)5. ATTACH SIX (6) PRINTS OF MINING SITE PLAN TO APPLICATION SHOWING AT LEAST THE FOLLOWING INFORMATION: a. Date of preparation, North arrow and scale. ( Not less than one (1) inch to two hundred (200) feet. ) b. Key map of site with reference to surrounding areas and exist- ing street locations. �y1c. The Na_me—and Address of the owner and site plan applicant together with name and address of each adjavent surrounding property owner within two hundred (200) feet of site plan area as shown on the most recent tax records. l 1,)d. State days and time of day (start/finish) when proposed mining operation will take place. C�le. Describe and/or show proposed route trucks will take in traveling to and from the site during proposed mining activity. C� t. Indicate proposed total quantity of sand to be removed &!_cubic mW per year and anticipated total time un mining operation is completed. g. The bearing and distances of all property lines for the site in question and the area in acres of the total site. �1h. The distance to the nearest intersecting street as measured along the roadway centerlines. ( Ali. Location and description of all existing and proposed fences, walls, structures, drainage facilities, lakes, bridges, entrances and exists, easements, utilities, railroads, streams, channels, wwales, flood plains and trees greater than six (6) inches caliper measured four and one half (4�) feet from the base. (*)J. Topography based on U. S. Coast and Geodetic survey datum showing existing and proposed contours for total site with contour intervals being one (1) foot interval for slopes less than five (5) percent and five (5) foot intervals for slopes greater than five (5) percent.. Contours shall extend one hundred (100) feet beyond site property lines. k. Location and log of soil borings with at ]east one (1) borin er two (2) acres and each borin a minimum of ten (10) feet below grade and/or one (1� foot below the normal water table. t C 1. Detail description of proposed final landscaping, seeding, sodding, etc. m. Any and all other data which the City of Sebastian may require on the site plan. 6. Attach checkayable to City of Sebastian in the amount of Twenty -Five (*$25.00) Dollars as application fee for sand mining permit as per ResolutionNt-�-1�5./� 7. Signature of applicant: ]�K :z /J0'__ DO NOT WRITE BELOW THIS LINE --FOR CITY USE ONLY 1. DATE APPLICATION RECEIVED: 2. APPLICATION FEE PAID: 3. SIX (6) PRINTS OF SITE PLAN ATTACHED: 4. DATE PERMIT GRANTED: 5. REMARKS AND COMMENTS: �'e a. -2- <'ia; yzRM Di, I.ay...e.f wee p,.po bry ��//Ry�{{ Add... P. 0. Boa 2618 Wam .Pud (STAIDTOf1' FOO -SECTION Q9,11 FS.) Vero Basch, Florida 32960 90/ Aced. M.a 15th de, d -_rq, January 1979. ]WO Id RICHARD K. DOZIER and CATffilDfL P. DOZIER, his wife, d n., Cow. d Indian River . Sft d Florida . a.ft W R and D EKVnTXE3rr CORPORATION d•e,e pow die. edb.v a 702 Silver Shot. Road, Vero Reach, Florida 32960 et Cw d Indian River S'^" d Florid• 9ra'•ee . a te"UNA. Tien ,e.d pe . b. eme ed ..e aeo.dwo.e.n b -dl Vr. - w bo.d pod It, ,-d PaMe., ,I.e re[.q, '-ae..d ie hwe , a6ne.lede,{ M a...aed. bw9o:wed W ae4d a d.e asdf st—, Voo,a fa.d pe.wi♦ •e+a W eaq.a 1....0, M ♦.feed Im WL ,Isa.a 4, W 6" :, Ind Ln River C.v.,t. Ai mdivided one-half interest in: TZ, The Northwat 1/4 of the Southeast 1/4 of,_Ssction 20, Tovoahip 31 South, tsu8s 39 RISC; said land l7iog Aad -being inIodian River Cowry, Florida; AND to The North 1/2 of the North 1/2 of the Soautbwt 1/4 of the Southeast 1/4 of Section Z0, Tovaship 31 South. Range 39 East; said land lying and being in Indian River County, Florida. FILED FCR RECDrD Sublact to r.atrictiona, reservations, easaaenin and lfaltatbC6icoViEid Z A5CVE RECORD VERIFIED t..n:rihlln k., = - 1979��j+•:d FLCROi,A CIJ(21P: od. ..d vJ deF,M dr u:w-opa:.•f dr d di pe.ee.• d•w.,ee... . ^G....o.- W '9•o^re' o.....d I. o..br w: p yr k )N il1wR Imunwf, c....e. b. I.....,.ae a. p a A,.a W .. A. d., p.d .w b.a, dww w b S•9wd .ed.d W di...W//w e... n...... /� —SL'Z, S,AR O MOILIDA CO P IMIAX FJrER : Kelar rTtrpr ov: r w. e., w+v. r a• -•'mow eJ. o+oaf..d a bte o<tw�awpw.... p...w•o•r oop....d RIOIARD K. DOZIER and CATHRRL E F. DOZIER, his If. a.w. w w +. s,.. • e.-.,..e.a ., ..e .,•w e..a,,..d n.. ro +.•.•^.••• ...d on.wf.doed Ia w w..f..f 1079 .�e �, .. -....e .aa.tw ..w ...+. C.. -...w 5.... w .w. -d a_ 15th d.r M Jaayp� N79 - ea..�...w..... use, nAr. 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Y H 1 itin s \{:;' q�{ I F KIT'•' `c!y I14LULJ m ANtl�IJ3Nii'OGG C3 �. y " tutu c rs: I u.ttlt3! _''ae mr N i �n , �fera �ao�py Q �.,'.': w ,y 1 .ePTzoT3 ' 1C-4unoO zanT'd ueipul ui buzaq/Pule buT�aSp10T4/TegseaygnoS£auga3i iggno8 " dTl.UmoS OZouZ/T ggaoN aqq 30 Z/T ugzoN u 4/1 gsar"L{gn0S all, 3 Pule PUT buiaq. :,ePTzoT3 'AqunoO zanFH Ue no ST£ d- dzgsuntos pveT pTes gea 6E 2l(q 30 7/1 gsaMugzoN el[S abu,eg ue.buzAT p tOZ UOT4099 30 6/T qs a °IDIS zaAT2I ueTP11I 1° 67unoz) a41 ul I' EPTSOT,3 1 uo u} en4 6Yod 1viJ un°t 0 nsooi :JIM-ol ' 1 01 P091""ap Pule ut(1 to P nun I o Inn d 4 w n 7 1 I on u al!t° t 1 a111I ,1t(OY ,01(7111, 'JonoJul 61Jod puna. s plus o 1 1 1 ei Il 1 1 1 1 uD u Ou}a4 pun Ou}61 1,00,0 u A Jud /unous pins o011 6q P!° P '1a}4m punwap pun w} 1 t 1 ( d!onaJ at 1 ' I 1 1 aJ 'M pup'WVj "J" p scop •patyalinoutlon 490Jatl s oaJat m ! 1 u0 r $ 1° tuns a41 to vuiluJ1p!sun.1 u! pun Jol '6Vud I9J!1 111119 ,0111 gaassau�� ' 00' OT (avin4a, ao rgwpa o, �. Pug 'gmpinlpui pt ,urpn pua 'ualtcn,xaad» Arnd nap.. 1,0,01 ayr ,01,0114 Pam Jana»yMl V in mann pua uom»m ayl P :A',IJDd 1)1,/nas /I r ,ananyM 'mnnuod:ua uuaA Pug 1 nnuoa a4 ue Jx neup a P,,,,U! paip , AIJrd P • ;tq� 1,04,07 upy 'Iunidp i PI i X01 • d ri ssaJppo 011711°trod aro4m 7' ueTq q S ' xofl 'O ePT10ja Se a 89 � 8S6ZE 213HOSI3 1CNOHS,N'd xHN3 7_ 1 . of '6iJnd ISJII n �IHHOSZ3 NNK �fl?l�fl y slt I palnn0s_1 pia , IY� ' ' v'. JCzenu,eP )0 6np OT 1 I i 6y' LL Ui 'Cl 'V 1;�r9n Fmm OGC (Revised 4/77) `r •„ - '_— +. TLORIDA PRESS 1134-4/72 '"� �� ;� ��'�+���!ad6�140.!IAIUhInl14WIIUIiUU11WIW111fUS1tYUYllu@�17hlp�i;lrD[nW�:uul'i11NcuACu'YVttbtWt@u17mtUtnthlWltlUP11YU1W�N114WQU11Un)SNSUYUU)YfR1YlWnIfYIUnJdbtduYVetnUlWtdllh,a, COMMITMENT AND BINDER TO GUARANTEE TITLE (OWNER) ;q LAW OFFICES OF JACKSON & CLEM, PA (Attorney or ftrm of attorneys) Pe O, BOX 2397 (Address) VERO BEACH, FLORIDA Florida and Lawyers' Title Guaranty Fund Qualified with and supervised by the Insurance Commiuloner o/ Florida ORLANDO, FLORIDA Purchaser RICIiARD M. DOZIER and CATHERINE P. DOZIER his wife; and HENRY A.—MCHER an R�HIS_WIT'E— Declared value of property: 80.000.00 In consideration of application having Schedule A hereof and In consideration of uphllan antl furnish you a guarantee by LI Fund. The ap{�t pion and the guarantee will In wdd Scherhlle A, free of encumbrances, I Schedule R hereof. This commitment and rorlh In sold opinion and gunrantee Fund nwnt and binder, and shell be for an an have been signed by a member (or memb, been and other objections. der Is sub )acl to the m m 1 1061, which arc I not more than that of The Fund and shall Effective data of this document: November 8. 1972 or Interest in enid real property, as sept such encumbrances, Ilene or A Ica not farlh In Schedule D, antl at 5:00 P. or so tment and binder is delivered and accepted upon the understanding that you have no personal knowledge or Intimationof any n, lion or encumbrance Affecting said premluce other than those shown under Schedule, A and B hereof, and your tnllure to ch personal Information shnll render this commitment And binder, and any guarantee Issued based thereon, null and cold n to ection, Ryq-Qr ancumbrance. �. Member's Signature libbdrt Jacl on --- GU RANTEE OF TITLE ' IN CONSIDERATION of the above name rnev at law (or firm of attorneys at law) havingqualified as and beingg a member (or mem- bers) of LAWNERS' TITLE GUARANTY FUND, LAIV PERS' TITLE GUARANTY FUND (a busines trust under the provlslons of the Declara- tion of Trust filed with the Secretary of Slate of Florida, at Tallahm,ee. Florida, an March 22, 1947, and any amendments to the Declaration of Trust) hereby authorlxes and binds Meet( to the foregoing commitment and binder in the manner and to the extent above tet forth. IN WITNESS WHEREOF, LAWYERS' TITLE GUARANTY FUND hos caused true document to be executed In Its name by Its President and Executive Secretary and IY seal affixed, all by direction of Us Board of Trustee. AERIAL ��stt cv,, Lawyers' Title Guaranty Fund ;y5 ,��a ORGANIZED /JL /%' 1906 ANIOGC N� 174900 ANI n 33Y (MEMBER NO.) �♦'r O• ♦y,t, e6slxts ��° Paul J. Stichler President and Executive Secretary SCHEDULE A 1. The estate or Intereat covered by this Commitment In: Fee Simple 2. Fee simple title of record is now vested in WILLIAM H. GLENN as Official Record 309 shown by Instrument In Hook Pap 505 The real estate on which this commitment And binder Is given Is located In Indian River County, Florida, and In described as: The NW 1/4 of the SE 1/4 of Section 20, Township 31 South, Range 39 East; said land lying and being in Indian River County, Florida; AND The North 1/2 of the North 1/2 of the SW 1/4 of the SE 1/4 of Section 20, Township 31 South, Range 39 East; said land lying and being'in Indian River County, Florida. WILLIAM H. GLIM and HI.ER M. GLLfW, his alfa a G,„rid Indian Alver sr...d llarlde wr•, .,d gICl1AWD Y. 006112 and CATBERINI P. OOZIER, his rife, an nodividedP1/2 interest; and HENRY A. FlBC1XM And RAiBAiA AMM /Ilf.'®, his alta, an undlelded 1/2 Id - wrest; u Joint tenants 1n common Mout- 2, Moa 473, Wro Beedh, Florida; and P. O. Mtn N, Bsbastian, Florida, rsWpsctively, C d ilw C.w„uy d Indian River . U.4 73or1ds e mama•, ? ._ %ItMfaarl4. llw ,..d P•^.a, b and M n,e.6,.00w N dw ..,,, d Two and nm/lU0 V •' .,J .,Iv. p.W uW •.k,.h4 aawdnu44r ,4 uW o•aa „Iu,Wb. •.Id----_�. h., P",d t b.rp„4d .W .aIJ u .ti d p•W n•,en .be mv.q wtwy Y I;...A� a,..4n..rdpue,., h.Y..W .,p +wr..w. LL. bL e u +' )w •W bYi iw Iodlao giver Cw.ry, F1a.da a.e: S The Wortbse•t 1/4 of the Bwtbeut 1/4 of section 20, Tbsmehip 31 Booth, _ Range 39 gut; •aid land lying and being 1. Ind1an Miner County, norlda; and The Worth 1/2 of the Worth 1/2 of the Snotty t 1/4 of the Boot►eut 1/4 a of Section 20, Twosblp 31 South, Mange 39 Mut; eald lead lying end helots in Indian MSasr County, ylorida. =m Subject to ell ea,ween", rwtrictioee, rights of way and reservations of B record and subject to ell Lues and sa asseents for the year 1975 and all subsequent years, TOGETHER WITH 1972-73 citrus crop located on tree• on abQwG­dcribed pro - party, and all -I—IAM pipes, irrigation eq.1paeot, and 0o preps located oa said property. dw.11 W ar�+a dr.w hnrlry I.,IIy w..na Thr nrlr N ..W L,W...A .ill defnW d,r ueY •µ,w Thr L.lul xi.,,w Iwnne whan,..n "G.war' •W '6•mre' ur uwd la ;;,p;Lr a phinl. a av,enr r mry4n 1.p4W ..M W ,1-I,..r..l ,r• aw ry<w.r.�: ��)” �,"� «-i�t� gllllu g, F.lao�l�ll ��� /� 1Lvli len-Y.—[isms Ti to�ots'paiTlee -- Ib...11 !TATE OFrlwlda WON1T OF Indian Mlvar I IIENEII CERTIFY dui m 0,.. d.y brae m, .n u1F.v. ,I,du gn.ld d in IA. ubsh.lom.,u,. tv.w..lh .ppm Willi" N. Glenn and Nolan Y. Gleno, his alfa N ar L.vn, N M dw _A drxnM.l . „W .h„II.. I.....w. ......... ww ,lee, UWY %I ITNEASj973 av huW .wl r,Wn.l .r.l Iw IM (iuMy •W Anr WI .1.,,�„I rbi. J ,Ly ,d' FEBRUARY rl. ....44...., ...ry May 29, 1 W7 . ? Do' J14FUT"0 e. ...�.I wrisl ueeR. oo+l-- ncuA_MTlnr f_ u, • AII UF�IC6".L RECORf 7.24o.00 425,:973 120873 Mir 1. L.rr� iY. L�..,r rrrL OrFwL. 11wL M Y,•vaer.x R enywd ti; 20OpT JACEROW DudLan=e". 14 as r,a JA Ctrl.rW.rm a.. 6tlNIR1 NMW—f117ER flol7 {SI tem ssA4 I{oefem acre Us jub' R r. %1• d,e � d.l a ►®GAIT to 73, yp.rre WILLIAM H. GLIM and HI.ER M. GLLfW, his alfa a G,„rid Indian Alver sr...d llarlde wr•, .,d gICl1AWD Y. 006112 and CATBERINI P. OOZIER, his rife, an nodividedP1/2 interest; and HENRY A. FlBC1XM And RAiBAiA AMM /Ilf.'®, his alta, an undlelded 1/2 Id - wrest; u Joint tenants 1n common Mout- 2, Moa 473, Wro Beedh, Florida; and P. O. Mtn N, Bsbastian, Florida, rsWpsctively, C d ilw C.w„uy d Indian River . U.4 73or1ds e mama•, ? ._ %ItMfaarl4. llw ,..d P•^.a, b and M n,e.6,.00w N dw ..,,, d Two and nm/lU0 V •' .,J .,Iv. p.W uW •.k,.h4 aawdnu44r ,4 uW o•aa „Iu,Wb. •.Id----_�. h., P",d t b.rp„4d .W .aIJ u .ti d p•W n•,en .be mv.q wtwy Y I;...A� a,..4n..rdpue,., h.Y..W .,p +wr..w. LL. bL e u +' )w •W bYi iw Iodlao giver Cw.ry, F1a.da a.e: S The Wortbse•t 1/4 of the Bwtbeut 1/4 of section 20, Tbsmehip 31 Booth, _ Range 39 gut; •aid land lying and being 1. Ind1an Miner County, norlda; and The Worth 1/2 of the Worth 1/2 of the Snotty t 1/4 of the Boot►eut 1/4 a of Section 20, Twosblp 31 South, Mange 39 Mut; eald lead lying end helots in Indian MSasr County, ylorida. =m Subject to ell ea,ween", rwtrictioee, rights of way and reservations of B record and subject to ell Lues and sa asseents for the year 1975 and all subsequent years, TOGETHER WITH 1972-73 citrus crop located on tree• on abQwG­dcribed pro - party, and all -I—IAM pipes, irrigation eq.1paeot, and 0o preps located oa said property. dw.11 W ar�+a dr.w hnrlry I.,IIy w..na Thr nrlr N ..W L,W...A .ill defnW d,r ueY •µ,w Thr L.lul xi.,,w Iwnne whan,..n "G.war' •W '6•mre' ur uwd la ;;,p;Lr a phinl. a av,enr r mry4n 1.p4W ..M W ,1-I,..r..l ,r• aw ry<w.r.�: ��)” �,"� «-i�t� gllllu g, F.lao�l�ll ��� /� 1Lvli len-Y.—[isms Ti to�ots'paiTlee -- Ib...11 !TATE OFrlwlda WON1T OF Indian Mlvar I IIENEII CERTIFY dui m 0,.. d.y brae m, .n u1F.v. ,I,du gn.ld d in IA. ubsh.lom.,u,. tv.w..lh .ppm Willi" N. Glenn and Nolan Y. Gleno, his alfa N ar L.vn, N M dw _A drxnM.l . „W .h„II.. I.....w. ......... ww ,lee, UWY %I ITNEASj973 av huW .wl r,Wn.l .r.l Iw IM (iuMy •W Anr WI .1.,,�„I rbi. J ,Ly ,d' FEBRUARY rl. ....44...., ...ry May 29, 1 W7 . ? Do' J14FUT"0 e. ...�.I wrisl ueeR. oo+l-- ncuA_MTlnr f_ u, • AII UF�IC6".L RECORf 7.24o.00 425,:973 120873 May 1. L...r: TJ. lwrr I.�L lint. 14.14 The 1ry(rvkti -r (~{•'..d b ROBERT JACpOX lgamaa Beed 1.�°:: �' r. o Jt& . ru fAINIWYI001-SH71011dKL1 IL .m nuts, nam. w. 7lbla 3ehreDcr. \I.d, le;. �/T� d.yd rmUARY Ie 73, Srlawra WILLIAM H. GLAR and HELEN Y. GLENN, his wife N d•. G..•x. d Indian RI~SMtrN Florida .. � RICHARD M. DOZIER and CATHERINE P. DOZIER, his wife, an undlwide0 1/2 laters� and HENRY A. FISCHER and n&REARA ANN yIBC'BER, his Vita, " usdlVided 1/2 ln- tereet; as joint tenants In cossOn .M., p.I WBw .dd,.s n Route 2, Bot 473, Vera Beach, Florida; and P. O, Has 88, 9eb"tien Florida respectl.el Indian Rl"r . NI.n d Florida . pa,r•. i �Nfwsartb, TM1.I «W p.,der, I« ..d M e«ndm.non d N.e ...n d Teo and no/100 w..l ..W ..huM14 .aMJn.w... n. ud a•nm Iu.W pud br ..d 0u•I.'. --------- ,-FI Z .<1....4JFrJ. h.• p..n•J, h..p„rd .ul a•W ro Nv d V..-. ud p.w,: • h.in .ud r.p br.e.. Irn•s.wl M1ru.9 in Indian RSVer C..., FMdd, Ie.,: d Id r S The Northwest 1/4 of the Southeast 1/4of Section 20, Township 31 South Range 39 East; said land lying and bele: In Indian RSVer County, Florida; C and The North 1/2 of the North 1/2 of the Southwest 1/4 of the 300the"t 1/4 o of Section 20, Township 31 South, Range 39 Rest; said land lying and Wing In Indian River County, Florida. Subject to all ."sante, restrictions, rights of way and rseltiatlos of F o record said subject to all t"es and assessments for the year 1973 and all sutme4uent years, TOGLTTONt 1T1B 1972-73 citrus crop located on trees on above-described pro - party. and all .1.1nua pipes, irrigationequIpsent, on said property, and two plops incased N�.11 W R...wu d«, M1neh. Iullr Wunn.I the Iilk ro s.cd LnJ. ud mill Mud tiv uwe aF.nm T, M.iul clues, pr•.nu rM.wuw. "G.mur' nd -Aun.i .n uW 1« inpiW w pinny. .. Mtle.I mpne. 3a 10If¢rsa Ebel Cuurw hu hae..vlu s. p.w«'• h..d ..d .sal the d.y ud ye.r 6..t Ww, .nun. S.p.J. -W ..W �� u _ 71111" 6• p1 ¢¢ (Scall -- lfelen -Y. G�IS'•'ll i STATE OF plorida COUNTY OF Indian River 1 IIENEBY CERTIFY dui ...h., J.y MI«, nr. an .&, duly ,p,ahF.J M 1,4 ,<Iu..GdFu.-+.b, pm.null. .pWM Willi" H. Glen¢ and Helen N. Glen., his .Ste L..p.... nn`;a ..�l']..{,...rI.IF••I Idu n. Ilu1 il.,y .+m.W Mw uw. .n.. 1973 w. MW aul Mh+al v.l in M t.wnly uW tiro. WI .L....nl d..."J n ,Ly d FEBRUARY 1973 . \I. ...uu.n..... M. May 28, 1973 - ''����!'��W •"� NuL.y NJ.4 ' •o 00. lll.Fr i.- r (LORI A Sun 1Fl. STATE (_88.001; eF nncu lr:l»r rLZORp0A� (jfflCL".L RECORr - 2�0.00�' 1 428t,U73 / I