HomeMy WebLinkAbout07282010 Archie Smith Fish House Plan DraftDRAFT
Management Plan
for the
Archie Smith Fish House
Indian River County, Florida
FCT Project Number
Prepared by:
FloridaAffinity, Inc.
For:
Indian River County, Florida
Board of County Commissioners
May, 2008
Introduction 1
A. Location/Ownership
B. Background Information
II. Purpose 2
A. Purposes for Acquisition
B. Management Objectives
C. Comprehensive Plan Conformance
III. Natural Resources 8
A. Natural Communities
B. Invasive Exotic Plants
C. Upland Restoration and Interpretive Landscape
E. Water Quality Protection
F. Feral Animal Program
G. Listed Plant and Animal Species
H. Natural Communities Inventory and Monitoring
I. Greenway and Blueway Management
IV. Cultural Resources 13
A. Historic Structures
B. Archaeological Resources Inventory and Protection
V. Site Development and Improvement 14
A. Existing Physical Improvements
B. Proposed Physical Improvements
C. Acknowledgement Sign
D. Hazard Mitigation
E. Permits
F. Easements, Concessions and Leases
VI. Educational and Interpretive Programs 19
VII. Management Needs 19
A. Management Coordination
B. Maintenance
C. Security
D. Staffing
VIII. Cost Estimates and Funding Sources 20
IX. Priority Schedule 22
X. Monitoring and Reporting 24
A. Annual Stewardship Report
LIST OF TABLES
Table 1: Estimated Management and Development Costs 21
LIST OF FIGURES
Figure A: Vicinity Map 3
Figure B: Regional Greenways and Blueways Map 4
Figure C: Existing Conditions Mai 7
3_
Figure E:
Figure F:
LIST OF APPENDICES
Appendix A:
Appendix B:
Appendix C
A id
Appendix E
Master Site Plan 16
Management Activities Timeline 23
FNAI Species Report Forms
EPPC List of Exotic Plants
FCT Grant Award Asreement
Recorded Deed
SECTION I INTRODUCTION
Indian River County (the County) recognizes the importance of preservation of
natural resource areas and cultural sites within its jurisdiction. Policy directions
incorporated in the County Comprehensive Plan define the types of resources to
be protected through a variety of means, one of which is outright purchase by the
County. To carry out these policies, the County has developed a land acquisition
program, managed by the Community Development Department and coordinated
through an appointed Land Acquisition Advisory Committee of concerned
citizens and County officials. With funding from the Indian River County
Environmental Lands Bond program, funded by ad valorem taxes, the County has
entered numerous cost sharing partnerships with the Florida Communities Trust
(FCT) for land acquisitions under the State's Florida Forever land acquisition
programs.
Post acquisition cost -share grant funding from the Florida Communities Trust is
requested for the County's acquisition costs for the Archie Smith Fish House.
This plan was developed to meet the management plan requirements of the
Florida Forever program and the Florida Communities Trust, to ensure that the
property will be developed in accordance with the FCT Grant Award Agreement
(Agreement and in furtherance of the purposes of the grant
application.
A. Location and Ownership
The Archie Smith Fish House property is located east and west of Indian River
Drive, near the northern city limits of Sebastian, Florida. The historic fish house
structures extend into the Indian River Lagoon to the east. The project includes
approximately 1.15 acres, and was purchased by Indian River County in 2007.
This project is located on the Indian River Blueway and the Indian River Lagoon
National Scenic Byway and is connected to the City of Sebastian's Riverside Park
by a sidewalk (See Figures A and B).
B. Background Information
The Archie Smith Fish House acquisition by Indian River County preserves a
small part of the once thriving working waterfront that defined the town of
Sebastian from the early Twentieth Century until development changed much of
Florida's East Coast during last quarter of the century. Fish Houses were the
critical land base operations that allowed local pioneering families and their
descendents to harvest huge quantities of fish, oysters and clams from the rich
waters of the Indian River Lagoon, the Sebastian River and the Atlantic Ocean.
"There were no easy ways to ship fish out of the (Sebastian) area, so the industry
was limited in the late 19 Century. In 1878, some fish were caught for the
Savanna, Georgia market and shipped there by boat. Then, in 1893, the
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Jacksonville, St. Augustine and Indian River Railroad came through Sebastian,
and the commercial fishing industry was poised to begin. Fish were packed in ice
in barrels, loaded onto iced railroad cars, and shipped north to markets as far away
as the Fulton Fish Market in New York City." "On September 11, 1895, the first
rail shipment of fish took place in Sebastian, Florida. At the close of that year,
103,890 pounds of fish had been shipped. Four Sebastian firms existed in 1895-
96 and they shipped mostly to New York, Richmond, and New Orleans. They
fished an area 15 to 20 miles north and south of Sebastian. The northern markets
used their catches primarily in the months of October to April, when the northern
markets were dependent on the South for their fish."
"After Sebastian became incorporated as a town in 1925, it acquired an electric
power and light plant and a municipal ice plant. Previous to this, ice for the
fishing business had to be procured from Fort Pierce, Florida and trucked to
Sebastian. In 1927, when Archie Smith purchased his property to create his
wholesale fishing business, he was entering an already established area of
commerce. The community was able to furnish his basic requirements, including
locally made barrels."
"Archie Smith used the services of free -lance fishermen. A group of up to 35
boats fished for him. Most of the fishing was done at night with nets in the Indian
River. The main food fish was mullet. The men owned their own boats, usually
home -made, with inboard motors. Sometimes they had to rent fishing equipment
from Mr. Smith."
"The fish were brought to the dock in the morning hours, unloaded from the
boats, weighed, and the fishermen were paid for their catch. Fish were then
packed in barrels with shaved ice." "The packed barrels were held in the ice
house until the train going north was almost due. Then they were placed on the
flat -bed trolley and pushed by hand to the road. There waiting trucks were
loaded, and they rushed them to the railroad station to get them on the incoming
train." (Excerpts from: National Register of Historic Places Proposal,
Continuations Sheets, Section 7; 1991; Arline Westfahl, et. al.)
The Archie Smith Fish House property includes approximately 3,200 square feet
of land on the east side of Indian River Drive, with two buildings and the dock
structure extending approximately 240 feet into the Indian River Lagoon. These
are the historically significant structures on the property: the Historic Residence
located just east of the public road, the Dock, and the Icehouse located near the
end of the pier. West of Indian River Drive, the property consists of
approximately 47,500 square feet of vegetated and cleared upland, and a 1925
wood -frame bungalow in poor condition.
INSERT FIGURE A Vicinity Map
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INSERT FIGURE B Regional Greenways and Blueways
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The City of Sebastian Future Land Use Map desiration of the project site allows
SECTION II PURPOSE
A. Purposes for Acquisition
Indian River County is acquiring Archie Smith Fish House for three main
purposes. First, the property is an important remnant of the once flourishing
working waterfront of the town of Sebastian. The Fish House is recognized as an
important cultural resource by the State of Florida, and was listed on the National
Register of Historic Places in 1994. The project will preserve an important
vestige of the working waterfront and the era along Florida's east coast when
commercial fishing by small, family -run fishing businesses formed the
foundations of local economies. Interpretation of the fishing activities that were
pursued by the early settlers of this region will be an important part of the
County's programs on this site. These programs will be supported by the creation
of a museum and cultural center on the Lagoon waterfront using the Historic
Residence, Dock and Icehouse. The second purpose of this acquisition is to
protect the block of land from future high- density residential or commercial
development, mitigating storm damage and helping to protect submergent
vegetation, water quality and manatee habitat in the Indian River Lagoon. The
third purpose is to enhance the public recreational, interpretive and educational
opportunities along both the Indian River Blueway and the Indian River Lagoon
National Scenic Byway, and extend the recreational and interpretive opportunities
available along the City of Sebastian waterfront from the Kroegel Homestead
Conservation Area on the south, through the City's Riverside Park to the Archie
Smith Fish House site near the northern city limits.
A permanent recognition sign shall be maintained facing Indian River Drive near
the Historic Residence. The sign shall acknowledge that the project site is open to
the public and was purchased with funds from the Florida Communities Trust
Florida Forever Program and Indian River County. The Archie Smith Fish
House project will be identified in all advertising and literature as acquired with
funds for the Florida Communities Trust and operated as a historic preservation,
conservation and outdoor recreation area by Indian River County.
B. Management Objectives
1. Evaluate the condition and historical integrity of the Historic Residence, Icehouse
and Dock structures; plan and implement historic preservation and adaptive reuse
treatments to provide a museum and working waterfront for interpretation of the
commercial fishing business.
2. Document and demolish the derelict residence.
3. Compile thorough plant and animal species lists, identify locations of any listed
plant and animal species and conduct a reconnaissance -level cultural resources
survey of the property to guide decisions on future resource management and
development activities.
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4. Eradicate invasive exotic plant species and feral animals and maintain the site free
of both types of pests in the future.
5. Plan and develop site improvements including parking, site amenities, bicycle and
pedestrian improvements, interpretive exhibits, picnic facilities, fencing and gates.
6. Plan and implement restoration of the upland hardwood forest community and an
interpretive landscape.
7. Work with the St. Johns River Water Management District to protect and improve
the quality and regulate the quantity of surface water runoff entering the Indian
River Lagoon from adjacent developed land.
8. Facilitate connection of the site to the Indian River Blueway and the Indian River
Lagoon National Scenic Byway
9. Coordinate with federal, state, City of Sebastian and other county agencies who
manage public land along the Indian River Blueway corridor to provide continuity
in the management of natural and cultural resources, gain assistance with upland
restoration efforts, and connect recreational opportunities.
C. Comprehensive Plan Conformance
The City of Sebastian Comprehensive Plan provides specific policy directives
regarding preservation of environmentally sensitive lands and cultural resource
sites within the City. The Archie Smith Fish House addresses the following
specific policy goals and objectives of the City's Comprehensive Plan:
Future Land Use Policy Objectives 1 -3.3 through 1 -3.6.4 encouraging
redevelopment and renewal, describing the Riverfront District, establishing a
Waterfront Theme for the District "Old Florida Fishing Village preserving
riverfront access, preserving existing assets, and preventing adverse impact of
development on historic or archaeological sites, mandating coordination of natural
resource management with other government entities, protecting habitat for listed
plant and animal species, and mandating management of stormwater run -off from
developed sites.
Conservation Element Policy Objective 6 -1.7.3 and 6 -1.8 establishing tree
protection regulations and protecting fisheries, wildlife and wildlife habitats
Recreation and Open Space Policy Objectives 7 -1.1.1 and 7 -1.1.9 establishing
Level of Service Standards for parks and recreation facilities (shoreline access
standard: 1 access point per 3,000 feet of shoreline), encouraging the acquisition
of additional public access points on the Indian River and encouraging the
designation or acquisition of natural reservations.
In addition, the Indian River County Comprehensive Plan Recreation and Open
Space Policy 6.4 designates the Indian River Lagoon as a "blueway" and water-
way trail system.
The Archie Smith Fish House property lies within the 100 -year flood plain. The
acquisition supports the County's hazard mitigation strategy by directing future
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residential or commercial development elsewhere, to prevent community growth
in an inappropriate area and reducing potential future losses.
Indian River County will request amendment of the Future Land Use
classification for the project site on the next City of Sebastian Comprehensive
Plan amendment cycle after the approval of this management plan. The
classification will be changed to Conservation land use, and a request for rezoning
of the area to the appropriate zoning designation will follow the amendment of the
Comprehensive Plan. Monitoring of the development review process and
enforcement of the provisions of the City's land use, zoning and land
development regulations on adjacent properties will serve to adequately buffer the
project site from adverse impacts of future adjacent land uses.
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Insert Figure C Existing Conditions Map
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INSERT FIGURE D PHOTOGRAPHS
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SECTION III NATURAL RESOURCES
A. Natural Communities
Upland hardwood forests are characterized as well developed, closed canopy
forests of upland hardwoods. Dominant trees in the community include southern
magnolia, pignut hickory, sweetgum, Florida maple, devil's walking stick,
American hornbeam, redbud, American holly, eastern hophornbeam, loblolly
pine, and live oak, among others.
Other typical plants include gum bumelia, hackberry, persimmon, red cedar,
red mulberry, wild olive, redbay, laurel cherry, black cherry, water oak, cabbage
palm, winged elm, sparkleberry, Hercules' club, slippery elm, beautyberry,
partridgeberry, sarsaparilla vine, greenbrier, passion flower, bedstraw, strawberry
bush, silverbell, and caric sedges,. Typical animals include slimy salamander,
Cope's gray treefrog, bronze frog, box turtle, eastern glass lizard, green anole,
broadhead skink, ground skink, red bellied snake, gray rat snake, rough green
snake, coral snake, barred owl, pileated woodpecker, shrews, eastern mole, gray
squirrel, gray fox, and white tailed deer. (Adapted from: Florida Natural Areas
Inventory, "Guide to the Natural Communities of Florida 1990.)
At the Archie Smith Fish House, only about one -half acre of this community has
survived the long history of development along the Indian River shoreline. It is
located at the western end of the property (see Figure C). Live oaks remain
around the derelict house, as do a few native shrub species such as beautyberry,
wax myrtle and saw palmetto. The area around the house also harbors numerous
exotic ornamental plants probably placed there by residents to create a typical
south central Florida residential landscape, including crotons, citrus trees and
other ornamental shrubs. Some invasive exotic plants are in the residential
landscape area, including Sanseveria (Mother In Law's Tongue) and Kalachoe.
B. Invasive Exotic Plants
As abandoned residential landscape, the Archie Smith Fish House property now
supports a range of exotic plants, including exotic grasses and groundcovers,
Sanseveria and other invasive "ornamentals and Brazilian pepper
Approximately one quarter acre of large Brazilian pepper trees and other exotic
pest plants have been removed from the disturbed hardwood forest vegetation
nearest the west property line.
During the first six months of management under this plan, County staff will
survey the entire property, identify the exotic plant species remaining, and
proceed with a program to eliminate them. The Florida Pest Plant Council's List
of Invasive Exotic Plants (Appendix B) will provide a guide for exotic plant
management. A combination of mechanical removal and herbicide treatment will
be used, followed with careful monitoring on an annual cycle (at minimum) and
follow -up treatment, as needed. It will be important for County staff to work with
adjacent land owners to seek cooperation with this program by removing invasive
exotics from the neighboring land. Without that cooperation, perpetual re- seeding
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of the County -owned land will be an ongoing management problem. A long -term
commitment for a continuous maintenance program to identify and remove all
invasive plant species will be required.
c. Upland Restoration and Interpretive Landscape
Given the extremely small size of this property and its location within the urban
landscape of the City of Sebastian, it will not be the County's goal to fully restore
the original natural community to the whole property. Eradication and control of
invasive exotic plants will be a primary goal, as this will reduce competition by
those species with the growth of existing native plants. The County's long term
goal will be the restoration of the natural upland hardwood forest community
along the western boundary (approximately 0.5 acre). A mix of native species
and non invasive exotics typical of the residential landscapes developed by early
Twentieth Century homeowners in the region will be the maintained within the
residential landscape zone (approximately 0.3 acre). Approximately 0.13 acre of
open space between the residential landscape and the upland restoration zones
will be maintained as recreational open space, and will serve for interpretation of
the commercial fishing history of the site (the area was originally use for storage
of fishing nets). (See Figure C.) During the initial year of ownership by the
County, a restoration plan will be developed and implemented for the western
portion of the property to outline methods and procedures for restoration, and a
design will be created for an interpretive residential landscape for the area
surrounding the derelict residence. Implementation of these plans should be
completed within two years.
D. Water Quality Protection
The greatest threat to the Indian River Lagoon is degradation of the quality of
water entering the system from adjacent uplands. County staff will work closely
with the St. Johns River Water Management District and the City of Sebastian and
all adjacent land owners and developers to assure that stormwater management
regulations are followed. The County will request that the Water Management
District extend the collection of water quality data to the Indian River Lagoon
adjacent to the project area, to assist in monitoring changes in quality of the water
entering the river over time.
Water quality impacts from the public access facilities proposed in this plan are
not anticipated, due to the small scale of development. Stormwater runoff from
the small areas proposed for parking and the picnic area development will be
treated using shallow swales that will not require fencing for public safety.
E. Feral Animal Program
There is little evidence of feral animal problems on the property at this time. City
and County animal control personnel will be assigned to check the property for
animals on a frequent schedule and remove animals when they are detected. The
property boundary will be fenced during the first year of management by the
County under this management plan to eliminate future problems with feral
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animals. County staff will work to inform adjacent residents of the damage stray
cats and dogs can do to natural areas, and encourage compliance with existing
animal control ordinances.
F. Listed Plant and Animal Species
A plant and animal survey will be conducted or contracted by the County during
the first year of management. The survey will serve to identify and locate any
listed plants on the property. It is doubtful that listed species have survived past
land uses on the property. Any listed species found will be reported to the Florida
Natural Areas Inventory (FNAI) using the prescribed form (see Appendix A).
County staff will map the location and monitor the health of submerged grasses in
the Lagoon and any additional listed plants found on the upland portion of the
property and take appropriate actions to enhance the habitats the plants depend
on. The management activities discussed in this plan for eradicating invasive
exotic plants, restoring a portion of the upland hardwood forest and improving
water quality will serve to enhance the habitat for all natives, including listed
species.
Florida Manatees frequent the shoreline of the Indian River Lagoon, near the
Archie Smith Fish House. Acquisition of the property by the County serves to
protect the manatee habitat by avoiding development of additional docking
facilities, and through water quality protection. Interpretation and boater
education signage on the Dock will be provided to heighten public awareness of
the animals' presence and protected status.
Listed bird species that may visit the property include Roseate Spoonbill, (Ajaia
ajaja), Great Egret, (Ardea alba), Little Blue Heron (Egretta caerulea), Reddish
Egret (Egretta rufescens), Snowy Egret (Egretta thula), Tricolored Heron
(Egretta tricolor), Swallow tailed Kite (Elanoides forficate)u, Bald Eagle
(Haliaeetus leucocephalus), and Osprey (Pandion haliaetus)
Any listed animals found on the uplands site will be reported to the FNAI using
the prescribed form (Appendix A). Habitat for listed animal species will be
protected and enhanced through the County's efforts to eradicate exotic plants and
animals and restore a limited area of upland hardwood forest on the site.
G. Natural Communities Inventory and Monitoring
A comprehensive plant and animal survey of the property will be conducted
during the first year of management by the County. Two monitoring periods will
be scheduled to coincide with spring and fall flowering seasons for plant
identification. Information gathered by the survey will inform further resource
management planning.
Once the initial inventory has been completed, a monitoring program will be put
in place, including designated photo point locations, to provide follow -up
documentation of the conditions of the natural communities and the growth or
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decline of any listed plant or animal populations. Monitoring, again, will occur
during spring and fall months. These inventory and monitoring efforts under the
County's management will insure maximum protection of native biota on the
project site.
H. Greenway and Blueway Management
As discussed above, the site of Archie Smith's commercial fishing operation is an
important historic feature of the former working waterfront that defined the town
of Sebastian in the past. Educational and interpretive programs at the Archie
Smith Fish House and .the facilities to accommodate public access and will create
a destination for boaters, bicyclists, pedestrians and motorists on the Indian River
Blueway and on the Indian River Lagoon National Scenic Byway, which follows
Indian River Drive through the site. The County's day -to -day management and
special events will integrate the Archie Smith Fish House with activities available
at other sites along these routes, provide limited recreational access to the Lagoon,
and a venue for interpretation of the Blueway and the Byway.
The Archie Smith Fish House is a small component of the Indian River Blueway,
which is a planned and partially- acquired ecological greenway made up of lands
managed or to be purchased by the U.S. Fish and Wildlife Service, the St. Johns
River Water Management District and the Florida Department of Environmental
Protection. County staff will consult with experts from the other managing
agencies in determining the best management practices that can be applied to the
resources protected by the Archie Smith Fish House. In addition, the County will
continue to provide all assistance possible in coordinating its own large- and
small -scale scale planning, resource management and inventory and monitoring
efforts at County sites with the larger agencies.
SECTION IV Cultural Resources
A. Historic Structures
Preservation and adaptive reuse of the three structures listed on the National
Register of Historic Places is the primary purpose for the County's acquisition of
this property. Evaluation for each of these structures will be conducted by
licensed architectural and engineering consultants with expertise in historic
building analysis, preservation design and management, within one year of the
County's initiation of this management plan. Detailed plans will then be
developed to guide future stabilization, renovation and management of each
structure. Staff of the Department of State, Division of Historic Resources,
Bureau of Historic Preservation (DHR) will be instrumental in advising the
County and its consultant on management of the historic structures and in guiding
the development of these plans. DHR staff should be consulted early in the
process, and will be asked to assist the County in outlining a sequence of grant
applications for DHR or other funding assistance for the planning, design and
historic restoration tasks. Due to their age, treatments for all of the buildings on
the property (including the derelict residence) will follow the guidelines
established by the Secretary of the Interior's Standards for Rehabilitation of
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Historic Buildings, Guidelines for Rehabilitating Historic Buildings and will be
consistent with all of the Secretary's guidelines and policy directives for
management of sites that are included in the National Register of Historic Places.
The initial building that became the Historic Residence was constructed in 1926.
It was intended to be a gas station located on the original Dixie Highway, but was
never used for that purpose. Archie Smith operated the fish house business and
lived in the house from 1927 until his death in 1986.
At the time of the 1991 inventory of these structures for the National Register
nomination, the Historic Residence, Icehouse, fish house and Dock were in good
condition and much as they were when completed by Archie Smith in the early
1940's. Unfortunately, the 2004 -2005 hurricane season caused serious damage to
the eastern end of the Dock and the fish house that occupied that area. As they
exist now, the Dock (approximately 240 feet in length), Icehouse (approximately
700 square feet of enclosed space) and Historic Residence (about 1060 square
feet) are in stable condition, but are in need of rehabilitation. The fish house is no
longer a standing structure. The eastern end of the Dock was damaged and
requires removal of debris, stabilization and repair of pilings, framing and deck.
In its current form, the Historic Residence is a metal- roofed wood frame structure
with wooden board and batten and lap siding, now enclosing an area of
approximately 1,000 square feet. The building is constructed partially on pilings
over the water and is integral with the Dock that extends eastward into the
Lagoon. From 1927 until 1935, Archie Smith constructed a series of additions to
the house, first to accommodate a fish storage space (the original fish house) that
later became additional living space for the family. In 1935 he extended the 93
foot Dock to a length of nearly 240 feet, and in subsequent years added deck
space to the Dock, the new fish house, the Icehouse, net drying racks and an
outhouse the discharged directly into the Lagoon.
The Icehouse is a structure that was originally built to house a crab business,
which did not succeed. From 1940 to 1948 the six member family of Bascomb
Judah lived in the 700- square foot building. After the Judah's left, the building
was converted to an ice house with electrical refrigeration equipment, ending the
business's dependence on ice deliveries. The Icehouse building was originally
constructed of reclaimed wood. It has a galvanized metal gable roof. Large doors
open on its south side onto the Dock, and the damaged boat slips, floor and
pilings that held the fish house building lie on the east side of the building.
The Dock is approximately 8 feet wide and extends from near the right of way of
Indian River Drive eastward for a distance of about 240 feet. Constructed on
treated pilings, with heavy timber beams and joists and treated pine decking, the
Dock is of such durable construction that it has withstood Florida storms,
hurricanes and general weathering for over 70 years. The most interesting feature
of the Dock are two iron rails, apparently railroad stock, mounted in parallel and
running the length of the Dock from the Icehouse to the road. The rails were
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originally made of wood, and served to carry the flatbed trolley that was used to
move the iced -down fish from the Icehouse to the road, to be loaded on trucks for
the trip to the Sebastian train depot.
The wooden bungalow residence that occupies the property west of Indian River
Drive is also a historic structure (built about 1925), but is not considered as
contributing to the National Register site. The structure encloses about 625
square feet of space. It has been severely damaged by age and termites, and was
also a victim of recent hurricane events.
B. Archaeological Resources Inventory and Protection
There are no known prehistoric cultural sites on the property. A reconnaissance
level cultural resource survey will be conducted during the first year of
management by the County. If recommended by the survey report, site specific
surveys by qualified archaeologists will be conducted for the proposed
development sites during the design of the public facilities discussed below.
Reports containing the results of these surveys will be provided to the DHR on
completion of the studies.
The collection of artifacts or the disturbance of archaeological and historical sites
at the site will be prohibited without authorization from the DHR. Appropriate
protective measures will be taken in the event cultural sites are discovered on the
property in the future. Management of cultural resources will be coordinated with
the DHR, and will comply with the provisions of Chapter 267 Florida Statues,
specifically sections 267.061 (2)(a) and (b).
SECTION V Site Development and Improvement
A. Existing Physical Improvements
As discussed in detail above, the contributing structures to Archie Smith Fish
House National Historic Register Site are the timber frame Dock structure that
extends into the Indian River Lagoon, the Icehouse, a 700 square foot wood frame
building with metal roof and concrete floor, and the historic Smith residence, a
1060 square -foot wood frame house with metal roof. The derelict 1925 residence
located on the west side of Indian River Drive is in extremely poor condition and
should be demolished and removed to protect public safety. County staff will
consult with DHR on this building, and will provide all documentation required
by that agency and receive written permission for the removal.
There are no other physical improvements on the property. (See Figure C.)
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B. Proposed Physical Improvements
Improvements are proposed for the historic structures to adapt them for use as a
public museum, cultural center and interpretive site. If feasible, the project will
function as a small working waterfront to support local fishermen. The first
priority for both resource management and the capital improvement programs will
be to assign the project to a knowledgeable architectural and engineering
consultant, and begin the evaluation and design processes required to adapt the
historic structures to new uses. As noted above, the Secretary of the Interior's
Standards and advice from the DHR, Bureau of Historic Preservation will provide
critical guidance for this project.
The project will convert the Historic Residence for use as a small museum
exhibiting artifacts, photographs and other records of the long history of this site
on the Sebastian waterfront, and the history of commercial fishing in Sebastian
and elsewhere along Florida's east coast. The Dock will be repaired, but there is
no intention at this time to replicate the fish house structure that stood at its
eastern end. Docking space for three to five boats and a canoe launch should be
accommodated at the reconstructed end of the Dock, to allow access to the
historic site by boat from the Lagoon, and to allow access to and from the Indian
River Lagoon for canoeing and kayaking visitors. The Icehouse should be
restored to its working -day appearance. The Sebastian Area Historical Society
and the Indian River County Historical Society plan to replicate the flatbed fish
trolley to serve in the interpretive and educational programs.
The adaptive reuse plans will also incorporate improvements to make the historic
structures accessible to visitors of all physical abilities.
West of Indian River Drive, the location of the derelict residence will become the
entrance for a small public park and picnicking area. Interpretive signs will
provide context for the historic setting of the commercial waterfront. The
interpretive landscape discussed above will teach visitors about how early
residents in the part of Florida used native and exotic plants to beautify their
homes and provide fruit and vegetables from dooryard gardens.
Fishing nets and boats were historically stored in the open area located west of the
road. Development of this area will construct a large (800 to 1,000 square foot)
picnic pavilion for passive recreation and gatherings of visitors participating in
interpretive programs. County staff is considering accepting donation and
moving the historic Sebastian Depot to this site to adapt for this use. The depot
building has been dislocated from its historic site by development, and now sits
on grove land a few miles north of the Archie Smith Fish House off U.S. 1. This
option could create a unique pavilion (approximately 1,650 square feet in size) for
pubic use that is, in itself, an excellent interpretive resource. In addition, if it is
feasible, the relocation will preserve the historic structure that is so closely related
to the commercial fishing business pursued by Archie Smith and others.
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Ample amounts of public parking are located to the south and west of the project
site. Only four parking spaces are recommended for the Archie Smith Fish House
property, located just off the west side of Indian River Drive, to provide
universally accessible parking and service access to the historic structures and to
the picnic area. Wheel stops will be provided to organize and stop vehicles in the
parking area. A bicycle rack will be located with the parking area to encourage
non vehicular access to the park. A universally- accessible paved walkway,
approximately 325 feet long, will extend from this east entrance of the picnic area
through the interpretive landscape to the picnic pavilion, and from the pavilion
southward to existing sidewalk and parking on Jackson Street. The property west
of Indian River Drive will be fenced for night time security and to exclude feral
animals, with gates providing daytime access at the two entry points. Also for
security, a fence and gate to exclude access to the Historic Residence and Dock
will be included in renovation plans for the historic structures east of Indian River
Drive.
All developed facilities of the project will be located, designed and managed to
protect and enhance water quality in the Indian River Lagoon, and to avoid or
minimize any impacts on the site's other natural or cultural resources.
Stormwater management for the proposed development will be minimal. Paving
for the small parking area will be a pervious paving system to reduce runoff.
Stormwater treatment, if needed, will be accomplished by construction of shallow
retention swales at appropriate locations. These areas will not require fencing to
protect public safety.
17
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Insert Figure E Master Site Plan
18
FIRST DRAFT
C. Acknowledgement Sign
A sign at least 3' x 4' in size, identifying the Archie Smith Fish House as a
publicly -owned conservation area, open to the public, will be located near the
Historic Residence, facing Indian River Drive. As noted above, the sign will
inform the public that the acquisition of the property was made possible through
funding by Indian River County and the Florida Communities Trust, Florida
Forever Program.
D. Hazard Mitigation
Facilities at the Archie Smith Fish House will be located and constructed to
minimize or eliminate the long term risk of storm damage or flooding. The
minimal level of development proposed for this project will ensure that few
impacts will result from storm or flood conditions.
E. Permits
Indian River County building permits will be required for new structures and for
renovations or demolition of existing structures. DHR approvals will be required
for stabilization and renovations of the contributing historic structures and
demolition of the derelict residence. St. Johns River Stormwater Management
District stormwater management permits will be required for the shelter and
parking area. U.S. Army Corps of Engineers and Florida Department of
Environmental Protection permits will be required for an construction below the
mean high water Ime of the Lagoon.
Except for emergency response activities to secure the property or protect its
resources following storm, flood or other disturbance, written approval from the
Florida Communities Trust will be requested before undertaking any site
alterations or physical improvements that are not addressed in the approved
management plan.
F. Easements, Concessions and Leases
There are no easements on the property at this time. Indian River County has no
intention to grant any easements or to develop concessions, leases or other
revenue- generating uses or agreements on the property. If such arrangements are
considered in the future, County staff will provide notice and information at least
60 days in advance and acquire FCT approval prior to the execution of any lease
of any interest, the operation of any concession, the granting of any easement, any
sale or option, or any management contracts for the site, or any use of the
property by any person other than in such person's capacity as a member of the
general public. Any revenue generated at the project site will be placed in a
separate account and go to the upkeep and maintenance of the project site in order
to be within allowable limits set by the Internal Revenue Service.
19
FIRST DRAFT
Likewise, any revenues collected through the education programs will only be
used for the upkeep and maintenance of the project site. County staff will update
FCT in its annual report on the various educational activities, any revenues
collected for such activities, and will provide detailed accounts of how such
revenues were expended.
SECTION VI Educational and Interpretive Programs
At least 12 regularly scheduled, ongoing education classes or programs will be
conducted annually at the Archie Smith Fish House. The focus of both
educational and interpretive programs will be the Smith family business, the
nature of commercial fishing in the Indian River Lagoon from the late -19 to the
late -20 Centuries, and the histories of the Town of Sebastian and Indian River
County. Additional topics will include the listed animal species that depend on
the Lagoon for critical habitat, the environmental changes that have occurred in
the Lagoon and off -shore waters over the past century and the current government
efforts to acquire land and manage resources throughout the region. Programs
will be conducted by County staff or by volunteers from the Sebastian Area and
Indian River County Historical Societies or other volunteers. Both historic
societies have pledged their commitment to the project and will staff the museum
on a regular basis. Special events incorporating first person and third person
living history programs will be scheduled at the, site in the future. The
educational programs will begin within 6 months of the date the County initiates
this management plan.
SECTION VII- Management Needs
A. Management Coordination
County staff will coordinate with the City of Sebastian and adjacent landowners
and will ensure buffering requirements and other protective measures contained in
existing land use regulations are enforced as adjacent lands are developed. Special
efforts will be made to encourage owners to eliminate invasive exotic plants from
their lands adjacent to the property and replace them with a buffer of native plant
species, and to manage household pets.
Development of this plan has been coordinated with the FWC Office of
Environmental Services to ensure the preservation of native wildlife species on
the property. Management for listed plant and animal species using the site will
continue be coordinated with the FWC. Again, the DHR, Bureau of Historic
Preservation will be an important source of information and guidance in the
management of the cultural resources of the property.
B. Maintenance
Regular facilities maintenance, patrol, and trash collection at the site will be the
responsibility of the Indian River County Parks Division and the County's
Conservation Lands Manager.
20
FIRST DRAFT
C. Security
The Indian River County Sheriffs Department ana
will provide surveillance and law enforcement authority at the
property as needed. The Archie Smith Fish House hours of operation will be
from 8:00 AM to sunset.
SECTION VIII Cost Estimates and Funding Sources
21
FIRST DRAFT
D. Staffing
The County Parks Division is staffed by 35 field employees to manage all units in
the park system. In January, 2000, the County hired a full -time Conservation
Lands Manager and an assistant was hired in 2006. Both are employed in the
Parks Division. The land management staff work closely with both the County
Planning Division's Environmental Planning Section and the Parks Division to
accomplish the goals and objectives for County conservation lands.
Volunteer support to help provide public access, interpretive and educational
activities, and resource management assistance will be encouraged and
coordinated by the Conservation Lands Manager. The two local historical
societies, the local Native Plant Society and local garden clubs and interested
citizens may provide sources of volunteers. Contract labor may be employed by
the Parks Division, as needed. As noted above, both the Sebastian Area Historical
Society and the Indian River County Historical Society have committed to
provide staff for the proposed museum and visitor center and historic dock
interpretive site.
Resource management activities will be the responsibility of the Conservation
Lands Manager. County staff, contract labor and volunteer labor will be assigned
to tasks such as exotic plant removal and restoration of native vegetation.
The authors have attempted to provide the best estimate possible based on the
information at hand, and the level of planning completed. Some adjustments in
these estimates may be necessary as more detailed plans are developed. Over
time, market conditions and prevailing rates of inflation in the general economy
may act to increase or decrease actual costs for contract services and construction.
Five sources of funding have been identified for management and development of
this project. Funding from the Indian River County Environmental Lands
Acquisition bond program may be used to provide for property security and
priority resource management improvements and activities. County mitigation
accounts for upland mitigation projects may also be applied to the project. The
County Land Clearing and Tree Removal Violations account is a third source of
funds for resource management activities that may be particularly applicable to
the upland restoration needs at Archie Smith Fish House. Operations, staffmg and
development funds will come from the County Parks Division budget. Additional
funds and assistance may be acquired through grants such as DHR Historic
1. Resource Management*
Historic Building Evaluation, Stabilization and Restoration
Plant/Animal Surveys and Mapping
Archaeological Survey
Exotic Plant Removal
Exotic Plant Re- Treatment
Upland restoration
Preservation grants and the DEP Florida Recreational Development Assistance
Program, and donations of cash, materials or labor by local businesses and
citizens.
TABLE 1
ARCHIE SMITH FISH HOUSE
ESTIMATED MANAGEMENT AND DEVELOPMENT COSTS
Total Resource Management/Development Costs
22
FIRST DRAFT
Subtotal
2. Picnic Area Improvements
Derelict building demo. and removal
Accessible walkway (325 ft.)
Picnic shelter (1000 s.f.) or Depot relocation/renovation
Interpretive signs (4)
Site amenities (drinking fountain, benches, trash receptacles, etc.)
Parking (4 cars)
Bicycle rack
Fencing (1,030 ft.)
Gates (3)
Acknowledgement sign
Museum and waterfront exhibits
Subtotal
3. Annual Maintenance /Operations Costs
Resource Management (Mowing, exotic plant eradication, monitoring)
Educational Programs Costs
Routine facilities maintenance
Total Annual Operational Costs
$150,000.00
500.00
500.00
1,000.00
500.00
10,000.00
$162,500.00
$20,000.00
6,000.00
100,000.00
2,000.00
4,000.00
1,500.00
500.00
18,500.00
600.00
250.00
25,000.00
$178,350.00
$340,850.00
$1,500.00
2,400.00
20,000.00
$23,900.00
Funding Sources: Environmental Lands Acquisition Bond Program, County Mitigation Accounts,
County Tree Removal Violations Accounts, County Parks Division Operations Budget, DHR
Historic Preservation Grants, Volunteers and Donations.
Funding Sources: County and Parks Division Capital Improvements Budget, County Mitigation
Accounts, County Tree Removal Violations Accounts, FRDAP grants, DHR Historic Preservation
grants, and grants and donations of materials or labor from individuals or businesses in the local
area.
SECTION IX Priority Schedule
The following list summarizes the management activities set forth in this
management plan, in priority order. Figure F represents the management
activities in a graphic timeline format, starting with the projected beginning date
for implementation of the management plan by Indian River County. The
County's schedule of activities is subject to adjustment, as the schedule depends
on the availability of funding, staffing and inter governmental assistance for the
management of the property.
1. Contract architectural services for historic structures.
2. Begin historic building stabilization, evaluation/design and renovation.
3. Continue historic structures maintenance program.
4. Install fencing and gates.
5. Begin feral animal control efforts.
6. Develop and implement exotic plant removal plan.
7. Inventory plant and animal species.
8. Contract reconnaissance level cultural resources survey
9. Amend Comprehensive Plan and zoning designations.
10. Develop and implement upland vegetation restoration plan.
11. Begin follow -up treatment program for exotic plants.
12. Design and permit public facilities (picnic area).
13. Construct and begin maintenance of new facilities.
14. Monitor and analyze resource management programs.
23
FIRST DRAFT
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SECTION X MONITORING AND REPORTING
A. Annual Stewardship Report
An Annual Stewardship Report, due on October 30 of every year, will be
compiled by County staff and submitted to the FCT beginning in October,
2009. The Annual Report will include a review of the provisions of this
management plan and will serve to update the resource inventories for the
property on file with the FCT. To provide an annual progress assessment,
the Annual Report will provide numerical descriptions, where possible, of
progress made in meeting the management objectives of this plan, such as
acreage and percentage figures for exotic plant removal, native plant
restoration, etc. County staff will forward listed species information to the
Florida Natural Areas Inventory on appropriate forms, concurrently with
filing the Annual Report. (See Appendix A.) The annual report will
comply with the requirements of 9K -7.013 F.A.C.
Through the annual reports or by separate correspondence, the County will
request written approval for revision of the management plan from the
FCT. No site alterations or physical improvements that are not addressed
in the approved management plan will be initiated without prior approval
or plan revision.
Figure F is the current projected timeline for the activities recommended
by this management plan. The priority goals set forth in the plan are the
historic preservation elements. The annual report will contain a
description of renovation or maintenance activities for the historic
structures and a brief evaluation of their condition each year. Annual
monitoring surveys of plant and animal species will be instituted to help
evaluate progress toward the County's resource management goals.
Summaries of all the natural resource monitoring activities and data will
also be provided to FCT in the annual report.
Development of public facilities, although important, is dependent on the
availability of funding through the County Parks budget, or through grants
or private donation. The progress of appropriations through the County
budgetary process, grant processes, other fund- raising activities and results
will be included in the Annual Report. Once development funding has
been acquired, progress through the design, permitting and construction
processes will be reported on a percent complete basis. After facilities are
developed, the Conservation Lands Manager will estimate annual
visitation and include a narrative summary of use of the Archie Smith Fish
House by organized groups in the Annual Report.
25
FIRST DRAFT
Appendix A
FNAI Species Report Forms
Appendix B
EPPC List of Exotic Plants
Appendix C
FCT Grant Award Agreement
Appendix D
National Historic Register Nomination
Appendix E
Recorded Deed
This Instrument Prepared By:
Rebecca Stallworth
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOT FILE NO. 310008014
THIS LEASE is hereby issued by the Board of Trustees of the Intemal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all
terms and conditions stated herein, the Lessor does hereby lease to Indian River County. Florida, hereinafter referred
to as the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section 31,
Township 30 South, Range 39 East, in the Indian River,
Indian River County, containing 3.541 square feet,
more or less, as is more particularly described and shown
on Attachment A, dated October 19. 2007.
TO HAVE THE USE OF the hereinabove described premises from May 1.2008, the effective date of this modified
lease, through July 25. 2011, the expiration date of this modified lease. The terms and conditions on and for which this lease is
granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3 -slip docking facility with a non -water
dependent historical fishhouse/shed, exclusively to be used for mooring of recreational vessels and commercial vessels for
demonstration purposes only in conjunction with an upland public historical facility, without fueling facilities, with a sewage
pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or
local authority, whichever entity applies the more stringent criteria, and without liveaboards as defined in paragraph 24, as
shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this Lease.
2. AGREEMENT TO EXTENT OF USE; This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection,
Environmental Resource Pern»t. The Lessee shall not change or add to the approved use of the leased premises as defined
herein (e.g., from commercial to multi- family residential, from temporary mooring to rental of wet slips, from rental of wet
slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or
temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.), shall not change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory
permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified lease, the payment of
additional fees, if applicable. If at any time during the lease term this lease no longer satisfies the requirements of
subparagraph 18- 21.011(1)(6)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an
annual lease fee in accordance with Rule 18- 21.011, Florida Administrative Code, and if applicable, remove any structures
which may no longer qualify for authorization under this lease.
[02/29)
t! COUNTYATTORNEY'S OFFICE
INDIAN RIVER COUNTY
1801 27th Street
Vero Ruth, Florida 32960
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
1962945
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK 2307 PG:2253, Pagel of 16
12/10/2008 at 09 :17 AM,
JEFFREY K BARTON, CLERK OF COURT
SOVEREIGNTY SUBMERGED LANDS LEASE
MODIFICATION TO CONVERT TO FEE WAIVED LEASE, REFLECT CHANGE
IN OWNERSHIP, CHANGE DESCRIPTION OF USE AND REDUCE SQUARE FOOTAGE
3. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to
examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books,
records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in
paragraph two (2) above.
4. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for.
(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years.
This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
S. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is fu ther prohibited from making any claim, including any advertisement, that said land,
or the use thereof~ may be purchased, sold, or re-sold.
6. INTEREST IN RIPARIAN UPLAND PROPERTY; During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in
the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the
existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to
effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility
for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or
penalty assessments incurred prior to such act.
7. ASSIGNMENT OF LEASE; This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
9. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation
between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
Page of j Pages
Sovereignty Submerged Lands Lease No. 310008014
10. NOTICES /COMPLANcEPr RMtNATIt N• The Lessee binds itself; its successors and assigns, to abide the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein, or fails or refuses to comply with the provisions
and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the
Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above-described parcel of land shall revert to the
Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee.
All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent
by U.S. Mail to the following address:
Indian River County
C/O Roland DeBlois
Chief Environmental and Code Enforcement
1801 27e Street
Vero Beach, Florida 32960
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective.
11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof
to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on the leased premises.
13. MAINTENANCE OF FACILITY /RIGHT TO INSPECT., The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
14. NON- DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area During the lease term, the Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
15. ENFORCEMENT OF PROVISIONS; No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
Page .1_ ail Pages
Sovereignty Submerged Lands Lease No. 310008014
17. RENEWAL PROVISIONS; Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at
that time. In the event that Lessee is in ibll compliance with the taws of this lease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on
the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not
grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected
thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute
an affirmative covenant upon the riparian upland property more specifically described in Attachment D., which shall run with
the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest.
18. u 1+; s tl 1; Al.l i L: Oki 41,..1% If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, 'such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
8 or at such address on record as provided to the Lessor by the Lessee. However; such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal
of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and
expenses shall constitute a lien upon the interest of the Lessee in the riparian upland property enforceable in summary
proceedings as provided by law.
20. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
21. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this
lease agreement at the option of the Lessor.
22. AMENDMENTS/MODIFICATIONS• This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized
by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not
increase the mooring capacity of the facility.
23. ADVERTISEMENT/SIONS!NON -WATER DEPENDENT A S /ADDIT10NAi
AMMEEldag&ITIacnatimarziat No permanent or temporary signs directed to the boating•public
advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining
activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures,
fences, docks, pilings or any structures whose use is not water dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter 18 -14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures hi a good state of repair in the interests of public health,
safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement.
Page 4 of J Pages
Sovereignty Submerged Lands Lease No. 310008014
24. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.
25. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased promises shall be grounds for the termination
of this lease by the Lessor.
26. LIVEABOARDS: The tenn liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any
twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
27. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or
assignments thereof Lessee shall•prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
28. SPECIAL LEASE CONDITIONS:
A. The Lessee shall not rebuild or restore the non -water dependent structures included in this lease if 50 percent or
more of the area encompassed by the structure is destroyed or if use of the structure has been discontinited and 50 percent or
more of the structure must be replaced in order to restore the structure to a safely useable condition unless authorized by the
Lessor. In addition, the use of the non -water dependent structures included in this lease shall not be converted to a new use
except as authorized by the Lessor.
B. Within 30 days after the Lessor's execution of this lease, Lessee shall install and display permanent manatee
educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species
from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and
shall be required to replace the signs in the event they become faded, or damaged or outdated Lessee shall ensure that the view
oldie signs is not obstructed by vegetation or structures. The number, type, and procedure for installation of these signs shall
be in accordance with the handout, Permanent Manatee Signs, which can be obtained from the Florida Fish and Wildlife
Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street 6A, Tallahassee, Florida 32399-
1600 (Phone 850/922- 4330).
Page of Jj Pages
Sovereignty Submerged Lands Lease No. 110008014
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of tJ6VQJ7)
20aby
Jeffery M. Gentry Operations and Management Consultant Manager. Bureau of Public Land Administradon. Division of State
Lands. State of Florida Department of Environmental Protection. as agent and on behalf of the Board of Trustees of•he
J. He is
411
:411
1
4
WITNESS:
Original Signature
g01.4k14 M. beRLals
Typed/Printed Name of Witness
BY:
B
Conunission/Serial No.
Attest: J.K. Barton, Clerk by Title of Executing
Approved as to form and lege
Printed Name
STATE OF Florida
COUNTY OF Indian River
.4V-11
The foregoing instrument was acknowledged before me this i day of 20 0 f by
Wesley S. Davis, Vice and on behalf of the Boail of County Commissioners otbdianpJvcr County. Florida. PI O is
personally known to me orwhe-hisioredeeed Al 1 Ar as identifi
tary Si
My Commission Expires:
Page of Jj Pages
Sovereignty Submerged Land Lease No. 310008014
BOARD OF TRUSTEES OF THE
IMPROVEMENT TRUST FUND
OF FL A
Je Gen Operations and
Manager, Bureau of Public Land Adni
Division of State Lands, State of Florida
Environmental Protection, as agent for and on
of Trustees of the Internal Improvement Tnist
of Florida
e.
Public,, State f Florida
Original Signature of Executing"
Wesley S. Davis, Vice
Typed/Printed Name of
"LES
E. Fel‘Assistant CountiAttorney
Notary Public, State of ODA/6A
Mis L. gor-ieri
Printed, Typer. or Stamped Name
1
(SEAL)
Attachment A
Page 7 of 16 Pages
SSLL No. 310008014
egg
We
o o p
m,
d�
NOT TO SCALE
'THIS IS A FIELD SURVEY''
I CARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21ST STRUT 778- 682 -4101 7EL
YERO DEACU, FLORIDA 92960 -3472 772 682 718o (FAX)
SKETCH OF DESCJON
SHORELINE CONDITION
SUBMERGED LANDS LEA
A PART OF AUGUST PARK SUBDMSION,
SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA
PRO3107 2603
DYs DLC
DATE: 4/09/07
AI Serving Florida
Since 1911
D1IG ##4 —A1
SEEET 1 1828 OF 4
Attachment A
Page 8 of 16 Pages
SSLL No. 310008014
4474
1
SKETCH OF DESCRN SUBMERQED LANDS LEASE
A PART OF AUGUST PARK SUBDIVISION,
SECTION 31, TOWNSHIP 30 SOUTH, RANGE 38 EAST,
INDIAN RIVER COUNTY, FLORIDA
Mt Ws 3 MOAT SUPS MSICq)
113srAY At MAIMED
—e Rua MMc
MO IRC OF ID? 1
nn
Or 'OMIT MMt yp,
yyri M O4 aI-0sa -OMOIK O -porgy
1M[,( COM1NG
MOOS TO IpMNN.
N tides m.
cants ENN.)
MoQ n°.rp.Oi 1
7
*sdV M1M
1RAK 1M,p,.
0..4w• (RAW IIM)
UK Or Loss
C
iltri
.144 7,1
20 40
THIS IS A FIELD SURVEY" IN FEET
CARTER ASSOCIATES, INC.
1 inch w 40 ft.
C ONSULTING ENGINEERS AND LAND SURVEYORS
1708 218T STREET 772 -582 -4191 OIL)
VERO BEACH, FLORIDA 32960 -3472 77 2 -502 -7180 (FAX)
NOUN RNFR M00011
IMO 0051110
ON IL
Mw ndw R1.M
Owl* rwr.)
ft_ 0010 AC
ELAW
kb
411
FLOC. MOE or
d.r
PROI #07 -2898
BY:
DLC/Fsc
DATE: 4/09/07
1'
4
Ei �iI11Ii Si
W.>OfLS.ta rY1111
Servin Florida
Since 1911
D #1 8284 —A1
21122 2 OF 4
chment A
Page 9 of 16 Pages
SLL No. 310008014
4':•
SKETCH OF DESCR?TION SUBMERGED LANDS LEASE
A PART OF AUGUST PARK SUBDMSION,
SECTION 3i, TOWNSHIP 30 SOUTH, RANGE 39 EAST
eF PRORSSEII iz INDIAN RIVER COUNTY, FLORIDA
PARCEL 1.740 NO SITUATED EASTERLY OF "AUGUST PARR' 511SOMMON, N PART 07 SECTION 31, TOM491P 30 SOUTH, RANCE 39 EAST. INDIAN RPM COUNTY, HANDA.
071010110640 AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY EM O7 NOON EVER COPE DDS NwNWAVOLD U.& HIGHWAY 110.1) AND THE EASTERLY
RUN SOUTFI 2070'3S EAST ALONG THE SAID EAST 117 -0E-1M 60531 RI OWE�A DISTANCE 40.97 i'LTA RUN NORTH m* EAST A DISTANCE
OF 70.41 FEET TO HE MEAN IRON WATER LNE OF THE REST SAWS OF INC 95(AN RIMER LA000N A1.I7 PRESENTLY CASTS AND PONT OF IIEOONNt: FROM SAID PONT
OF BECMUD CONTINUE NORf14 {71223' EAST A DISTANCE OF 51.77 PEER WWNCIE RUN N94t111 2593'05 SOT A =MANCE OF 21.23 FEE& THENCE INN MOUTH
5714'45' EAST A DISTANCE OF 30.04 FEEL THENCE RUN NORTH 2745'11' TEST A INSTANCE Ni 11.33 FEET; THENCE RUN NORTH 5250'30" EAST A DISTANCE OF 30.97
HEEL; HENCE RUN SOUTH 25714'25' EAST A INSTANCE OF 42.44 FEET; THENCE NUN SOUTH N93'3Y UST A DISTANCE OF 31,91 FEET; THENCE RIM NORTH 25'20'25
%EST A DISTANCE OF 3.37 FELT; THENCE RUN SOUTH 0173'45 %EST A DISTANCE OF 130.52 FEET TO THE AFOREMENTIONED MEAN HIGH WATER 111E OF THE NEST SAM,
OF THE MINI RIMER LAGOONS THENCE RUN NORTH 5417719' TEST ALONG SAD MEAN MOH WATER L1E A DISTANCE OF 10.25 FEET 70 THE PONT OF BEp1NING.
CONTAINING' 3,640.30 SOFT. OR 0.06 ACRES MORE OR LESS
IE S MTIDN OF UTEE1O170 A
PARCEL LYNO AND SITUATED EASTERLY OF 'AIMUST PARK' SUSDINSILSL, 94 PfiRT OF SECTION 31, TOM1511P 30 SOUTH, RANGE 39 EAST, INDIAN EWER COUNTY, FLORIDA.
CGUMENCNO AT 111E NTERTEC110N OF THE EAST RIGHT -OF -WAY I1NE 07 INDIAN RIMER DRIVE AS r 01149 LR@LWAY�IOw VA. .MGHNAY 110.1) AND INC EASTERLY
6491 SOUTH 2558']6 EAST ALONG THE S EAST RIC HT -OF-TM PARK T SUM A DISTANCE RECORDED 97 ('IF�A RUN NORTH 11212113' EAST A ANC
OF 70.41 FEET TO THE MEAN MOH WATER NM a TIE WET BARNS OF THE INDIAN RIMER 1/10004 ASR PRESDLILY 010511 HENCE CONTINUE NORTH 02'1223' EAST A
DISTANCE OF 97.77 FEET TO TIE PONT S BLW0N1 FROM SAD PONT OF 9E0M9N0 RUIN NOM 25931/0' NEST A DISTANCE OF 21.23 FEET, HENCE RUN NORTH
024'45 EAST A DISTANCE OF 51.49 FEET MICE RUN 50UTH 2593'44' EAST A DISTANCE OF 21.23 FEET; THENCE RUN SOUTH 5214'49' NEST A DISTANCE OF 51.40
FEET TO M PONT OF BEGINNING.
CONTAINN0, 1,091.66 S0.FT. OR 0.03 AGES MORE OR LESS.
183.&105 DESCRIPTION•
PARCEL h' (MUNICIPAL ADORES& 1740 INDIAN RIMER DRIVE)
9DdMMO AT THE NORTH UNE OF LOT 2 OF SUBDIMISKN OF AUGUST PARK ESTATE WHERE THE NEW DIME MONNAY CROSSES SAD LINES THENCE A.0140 S
149HWAY; SOUTH 00 FEET SEND EAST of 5530 HIGHWAY; THENCE EAST TO INDIAN MEN 11104CE NORTH ALONG SAD RIMER 70 NORTH LNE OF SAID ESTAI1
THENCE 1097 TO A PONT OF 5OMMNO. 11201114101 NTH RPNONI RIGHTS, SAME SEND SITUATED N SECTION 31, TO WEHP 30 50VA4, RANCE 30 EASE
PARCEL '2'
THAT PART OF LOT 1, PLAT Cr THE SU9DIMSIO N OF LAND OF THE ESTATE OF AUGUST PARK, AS RECORDED N RAT 8004 1, PAGE 19, ST. WOE COUNTY FLORIDA
REC SOUTH 5 44 W OF SEND LM A DIE EM 1COUNTY, FL A �O MORE PARNORMLY DESCRIBED AS POLIOW& OO4M GONG AT THE WTDM�CfDN OF
FEET; HENCE AN INTERIOR ANGLE OF 1531000' RUN NOWEASIERLY A DISTANCE OF 33.00 FEET MORE OR LES5 70 111E GEST MORE OF THE INDIAN RPM
AND PONT FROM SEMNIMAN THENCE RETRACING' LAST MENTIONED COURSES RUN SOUNNESTEILY A NUANCE 07 33.00 FEET; THENCE ON AN 1110906 µLE 07
NORTINESIERLY ALONG S P PAST 510417 O' -WAY A DISTANCE O 20.00 FF£T TWICE ON AN ANGLE FROM SOWN EAST IF NO. Y O742W RUN NORTHEASTERLY A
0► 37.35 FEET TO THE S IEEE SNORE OF 711E NOM NUN DOW MS7dl49 SOUTHEASTERLY ALON9 S TEST 914060 70 TIE PONE OF
(AS PER work RECORD BOOK 543, P0. 0.234 MOµ RIVER p0.. FL)
UPLANDS CORNING 4.553.25 9F. OR 0.11 ACRES. (0)
995
1. win R UM M SMARM MO M COMM NNW RAL 47 A ROMA 4CINUO SWUM MO WPM 1116 NU144. SUM MT ON NN 4 FM 64ONA15M1 AMOII6 46.T NO 4 NOT
Z. LA DS M 91 R 911 RAC NW 116* 617 Two 91 Norma0 F PFl2 7p ON11FV AMY. ENN9N6 6E 6Lwo RmIW1W4 ODEAp00. NAMO9AOR6. LQ6 gi6M.114M NIN O
•AM4EIC11MIM (6111444104 LAND UI6 PLAN 041144104 700777777 DUOS O WNW ACi OEM 1M SUM 4 MX MDE[9 10 MAW MANX. 1009. MGf O COMM ON Mn OM
3 SOS OUOPIO1 AM SAM COMM IN 4 45(79 NO WK 4 N07 VAUD =IOW M O M%
4 1101 I MMO 1169 NON 61100 TO NUM CO MONK OWKNOI
11 4 A F10.0 MMOM 60NOMY !AM WAS FOUND= 70 6FUKAR W79 M PANEL 6MM4MT NO 6N0lOQD 0
4100 1791101 aR A Alq IIPM R NI MMN NO 50 RRI
0 06MWM4 RN[
N
1M O[ TO RUMAW MD G000 N U
7 om ow ZON6 COOL
4 SUMO m711N1 AIO MM IOrQp ORIO N1O 9 M AN maim NNW M MOM AMMN0,11 6NMM A 1617. 444611140 OB 0/ 1M 30 NO NOM= N M NM rum 001NA5OL resm4
744, IIIVALICIS MORN NUNN ME
NOIDNMNO DIU M CONOEN L 5794 CO MOM III9 ANUICAN 0 4 4. 014.61/ 449 VO IMO}
TAAL, 79 /%"6 NOM MN CA! MA K 11706 LAND 1960 7401 IW
GOO Of 1MV A NNNNI 410 SUM FIC%•4N MT (1470. '791 70ONNOT Of M MOOKAf/ =NM V LOT L AYMOi !NN MONIWIMI NO 1.K 1111 101111711:117 OF M Rff
LEGEND
DIAMETER "THIS IS A FIELD SURVEY"
§g. 0 S.C.O. SURVEY CONTROL ONLY THIS SURVEY IS CFR11F1ED TO
P.O.B. POINT OF BEGINNING THE CON>SWAIAN FUN
ut (D) W. RIGHT OF WAY SO M M NV R 1RUSTEE
COUN OF THE SHERINAL RPIHOMO/DNT UI sTA1E OF FONDA
ALL DESCRIPTION CALL µry o .1
g,5,41 (0) OBSERVED DATA y °es°N
i ID./ IDENTIFICATION NUMBER a�/ 4 oy
3 2 4 8 NATURAL GROUND V e" AID 4 ay.
'a, •zU 411 Pio. 4753
31 ELEVATION
P.O.C. OF COMMENCEMENT H
N.C.V O. NATIONAL GEODETIC VEHTICAL.OATUM 'r
EL ELEVATION PALL
gA
o$I 'FUN FIRE HYDRANT 71011 LL 205 t'1 (Fl
N^'O ID./ IDENTIFICATION NUMBER e' QMO \4,
444g 4 DESIGNATED 6' PILING s.
ggI CARTER ASSOCIATES, INC. C AI Since S L
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21ST STREET 772 -482 -4191 TEL
VERO BRAOH, FLORIDA 32900- 3472 772 -882 -7180 (FAX)
PROD /07 -2898
BY: DLC/FSC
DAUB: 4/09/07
D1►Gg 8284-A 1
4 OF 4
ment A
Page 10 of 16 Pages
SLL No. 310008014
ttachment A
age 11 of 16 Pages
SLL No. 310008014
DESCRIPTION OF PROPOSED LEASE AREA
PARCEL LYING AND SITUATED EASTERLY OF "AUGUST PARK"
SUBDIVISION, IN PART OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39
EAST, INDIAN RIVER COUNTY, FLORIDA.
COMMBNCINO AT THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE
OF INDIAN RIVER DRIVE (NEW DDCIE HIGHWAY /OLD U.S. HIGHWAY NO.1)
AND THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 2 OF
SUBDIVISION OF AUGUST PARK SUBDIVISION, AS RECORDED IN PLAT
BOOK 1, PAGE 19, ST. LUCIE COUNTY, FLORIDA; RUN SOUTH 26 °56'35" EAST
ALONG THE SAID EAST RIGHT -OF -WAY OF INDIAN RIVER DRIVE A
DISTANCE OF 40.97 FEET; THENCE RUN NORTH 62 °1273" EAST A DISTANCE
OF 78.41 FEET TO THE MEAN HIGH WATER LINE OF THE WEST BANKS OF
THE INDIAN RIVER LAGOON AS IT PRESENTLY EXISTS AND POINT OF
BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 62 °1273"
EAST A DISTANCE OF 87.77 FEET; THENCE RUN NORTH 28 °33'59" WEST A
DISTANCE OF 21.23 FEET; THENCE RUN NORTH 62 °14'49" EAST A DISTANCE
OF 39.94 FEET; TITCE RUN NORTH 27 °45'11" WEST, A DISTANCE OF 11.30
1 ET; THENCE RUN NORTH 62 °50'39" EAST A DISTANCE OF 38.97 FEET;
THENCE RUN SOUTH 28 °04'25" EAST A DISTANCE OF 42.44 FEET; THENCE
RUN SOUTH 61 33'32" WEST A DISTANCE OF 31.51 FEET; THENCE RUN
NORTH 28 °2628" WEST A DISTANCE OF 3.37 t:t tST; THENCE RUN SOUTH
61°23'45" WEST A DISTANCE OF 130.52 FEET TO THE AFOREMENTIONED
MEAN HIGH WATER. LINE OF THE WEST BANK OF THE INDIAN .RIVER
LAGOON; THENCE RUN NORTH 54 °07'16" WEST ALONG SAID MEAN HIGH
WATER LINE A DISTANCE OF 10.28 FEET TO THE POINT OF BEGINNING.
CONTAINING: 3,540.50 SQ.FT. OR 0.08 ACRES MORE OR LESS.
5
NG
MAIN.
River
ldo)
chment A
ge 12 of 16
LL 0.
z
26.6'
nvvv�r r/iIZl1 JVtlulVI. (UN,
SECTION 31, 'TOWNSHIP 30 SOUTH, RANGE 39 EA
INDIAN RIVER COUNTY, FLORIDA
PROPOSED PROPOSED
6' WIDE 10'* W X 20't L
FRAME WALK 3 BOAT SUPS (TYPICAL)
TERUNE OF INTRACOASTAL WATERWAY AS MEASURED
FROM SEB QU ''A GL
N2r4�11'19
39.5'
o D
C
4r r
Rbbl
AV
1 8
"HISTORICAL RESTORATION"
I POTENTIAL PUBLIC ACCESS
I 6
(i) eze 1 .1; t?
45/ Q• I atC mo t" Gyo
1
if<
crfa 11
1A
14
42.44'
21.23
N26'33'59'W
olvf
e3
8
nO
5.6'
1.76'
INDIAN RIVER LAGOON
THESE EXISTING 9
MOORING PILES TO BE
REMOVED.
(as per Indian River
County, Florida)
FLOOD ZONE 'AE'
FLOOD ZONE "AE'
EL -r
if l eg
ORIGINAL PLATTED EAST UNE
OF 'AUGUST PARK'
E
e REVV. 0-21 07 ADDRES MSC., COYM'TS, DEP, FSC. REV. 10-19-07 Im�ol Ord CgOA'TS DEP, FSC.
7 -27 -07 ADDRESS MISC., 2ndCOMM'TS, DEP. MC.
o REV. 9 -11 -07 CO T.ADDRESS MISC.,2nd COMM'TS, DEP, FSC.
I 7y
4 y
it
I to
1 i
61
04 i 5
EE
P
.44.
Om
Attachment A
Page 13 of 16 Pages
SSLL No. 310008014
ttachment B
age 14 of 16 Pages
SLL No. 310008014
PREPARED BY AND RETURN TO:
MARTIN S. AWERBACH, ESQ.
AWERBACH COIN, P.A.
2600 McCORMICK DRIVE
SUITE 100
CLEARWATER, FL 33759
(727) 725-3227
1012771
THIS DOCUMENT HAS BEEN RECC
OF
INDIAN RIVER COUNTY FL
BK: 2122 PO:2414, Panel c
01/11/Z00T at 0=:07 PM,
D DOCTAX PD 00200.00
JEFFREY K BARTON, CLERK OF
COURT
FILE NO. 4056
(Space Above Tha Lloe kw Accord% Dam)
WARRANTY DEED
THIS WARRANTY DEED made this I day of January, 2007, by Viola S.
Judah, joined by her husband, James C. Judah, whose post office address is 13390 Indian
River Drive, Sebastian, FL 32958, hereinafter called the grantor, to Indian River County, a
political subdivision of the State of Florida, whose post office address is 1840 25 Street,
Vero Beach, FL 32960, hereinafter called the grantee.
WITNESSETH: That the grantor, for and in consideration of the sum of Ten and
No/100 Dollars ($10.00) and other good and valuable considerations, receipt whereof is
hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and confirm
unto the grantee, all that certain land situate in Indian River County, Florida, to -wit:
See Exhibit "A" attached hereto
Tax Parcel No. 30- 3 9 -31- 00001- 0000 -00001/9
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that grantor is lawfully seized of
said land in fee simple; that the grantor has good right and lawful authority to sell and
convey said land; that the grantor hereby fully warrants the title to said land and will defend
the same against the lawful claims of all persons whomsoever, and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2006.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the
day and year first above written.
Page 1 of 3
Signed, sealed and delivered in the presence of:
Witness 1:
nips
P VD 8 .F',. fi `P
Witness 2•
Attachment B
Page 15 of 16 Pages
SSLL No. 310008014
STATE OF FLORIDA
COUNTY OF cy(Lird Ar I
THE FOREGOING INSTRUMENT was ajoaowledged before me on this 9.4i day
of January, 2007, by Viola S. Judah, who is personally known to me or who
produced for identification.
Signed, sealed and delivered in the presence of:
Witness 1:
dO, 4 Y/J1jn(
'}Towne 8.
STATE OF FLORIDA
COUNTY OF (.24'4s,
VIOLA SAUD
Meat P.
tary Public
My commission expires:
THE FOREGOING INSTRUMENT was acknowledged before me on this day
of January 007, by J es C. Judahnwho is personally known to me or L who
produced py��k n1G 11/A l for identification.
(ii
N Public
y commission
Page 2 of 3
of Nod
My8gi. J� 16, 2007
Comm. CO
Attachment B
Page 16 of 16 Pages
SSLL No. 310008014
Exhibit "A"
PARCEL 1
THAT PART C F LOT 1, PLAT OF THE SUBDIHSION OF THE ESTATE OF AUGUST PARK; AS REAR DED #V PLAT 80W i AT
PACE 10. OF THE PUBLIC RECORDS OF ST. LUCE COUNTY, FLORIDA NOW LVWG AND BONG M INDIAN RIVER COUNTY,
FLORIDA. BONO MORE PARTICULARLY ARLY AS faj.ot4 S:
CCWAtENCING AT THE NW lr HENCE LIVE ALONG SAID SOUTH E A DISTANCE OF .1E0 FEET; THENCE AN INTERIOR ANGLE OF
18378'0Ct RIM NORTHEASTERLY A DISTANCE OF 13 FEET MORE OR LESS TO THE NEST SHORE OF THE INDIAN RIVER AND
ON AN W ANGLE OF 1571100' FROM NORTHEASTERLY NEST DIS THENCE
T RUN A TANCE OF 15 FEET TD SAID EAST
OF NAY OF U.S. NRIHNMY N0. 17 THENCE RUN NDITDIppTERLY ALONG SAE EMT MONT OF NAY IAE A DISTANCE OF 20.0
FEET; THENCE ON AN ANGLE 1R0M SOUTH TO EAST OF INO12O0' RUIN NORTHEASTERLY A DISTANCE OF 37.35 FEET TO SAID
REO
POMM OF THE INDIAN AVL1a THENCE RENDERING SOUTHEA37ERLY ALONG' SAID NEST SHORE TO THE POINT OF
PARCEL 2
BEGIN ON THE NORTH UNE OF SAID LOT Z MERE THE EAST ME OF THE NEW D00E HIGHWAY CROSSES SAID LIVE THENCE
INDIAN BIER ALONG TO OlEENNORTH HIGHWAY 50 LOT 2i NEST G HE POINT THENCE TOG THER NOR/N MN AL T
RIPARIAN R1OIITS APPERRTAINNO 77(003 SAND LOTS BEWO A PORTION OF THE SUEM 0 TF 0F AUGUST
R
PARK AS RECORDED M PLAT HOOK 1 AT PACE 10, OF THE FIRM RECORDS OF ST. LICE' COUNTY, R.OIBDA SAID LANDS
NOW LONG AND ITEM W INDIAN TRIER COUNTY, FLORIDA.
PARCELS 1 'AND A Oxon
M6IN0 ALSO D 9T IS FOLLOW:
4714T P4177 OF LOW 1 480 PLAT OR MB SLEDNI40N 0P TINS 2STI111 OF MOUNT PARK: AS RECORDS 1N PUT
BOOK 1 AT PACE 10, OP 1709121 91X208 OP 8!. LUIfM COMET, FLORIDA NOW 3.030 MID =NO ROM
oar.BN ON TIM T FOLLOWS ANNE OF DORAN RIM Dias (A.3.4. 010
0.s =mar N0. 1, PIT► DOLOI MaDIWAT, alas d2U8A47:) CROW= 8407 ma. Tawq 5OB''0". CLONE Sfm nor
RIGHT OF TIAT 1 00.00 FU1; IIDIBCB 1NINFIC /8'9 4 MEM=5 OF 2021 MT TO AN EN2I ROD AND GIP WARPED
'1"fRT81 t 4N80WA7EB' IDRN1OTRIO AN Ii7iR8iCliQIT IRTH 7711 213103CaL NOSY MORN OF ma MAN 10720 48
MOWN ON 771E 911D P141 or 10008! P4RID 17 N84'08 AF$ A DREW= OF 8Y.8B FRET 70 TWIT MW BI'0T1
UM LIN9 OP 100 INDIAN RIB 78NNC0 m"113 FOLLOWING OALLI ALONG RAID USSR NOR UM LBNB 110(•481147,
5.87 1260 N40'8401'If. 10.09 PAIN 370717'0IT'k .88.80 FS= MN= N54W1'44'/. 8041 FS314 =NCI NOS7if'10IT
A
FIND DIMIN B OF 100 1U_T MEWS LRAM RAID WAN 3103 WA7f0i LINN 8BB'10'T10'U A DISTANCE OP 40.48 FIST TO
NAST UAT LDli OF INDIAN 8(781 DITTY% 171 X8 D18TWHICS OF 20.00 71373495 TO M3
Page 3 of 3
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