HomeMy WebLinkAbout1995 - 2000 Riverview Park Oyster Bar Wave Break°
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This Instrument Prepared By: DOCUMENTARY STAMPS tit ,A
Cher Kin e DEED $ • -70 ,Y �fCF� f ,`t
Submerged Lands Section
Bureau of Land Management Services NOTE $ �A'N ? D CD3900 Commonwealth Boulevard IF t F - .Y K. RARTnN CIEP.K = C�nC 1 199j
Mail Station No. 125 li i': w RIVER Cou;JTY �F% EpkS Cn
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
MODIFIED SOVEREIGN SUBMERGED LANDS EASEMENT
NO. 29459
BOT FILE NO. 312648584
THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of
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00 the State of Florida, hereinafter referred to as the Grantor.
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as WITNESSETH: That for the faithful and timely performance of and compliance with the terms and
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conditions stated herein, the Grantor does hereby grant to Citv of Sebastian. Florida. a Florida municinal
coruoration hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereign
m lands, if any, contained in the allowing legal description:
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A parcel of submerged land in Section 06 ,
Township 31 South . Range 39 East , in Indian River
Indian River County, as is more particularly described
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and shown on Attachment A, dated Julv 12. 1996
N TO HAVE THE USE OF the hereinabove described premises from November 15. 1996 , the effective
adate of this easement. The terms and conditions of and for which this easement is granted are as follows:
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ai I. USE OF PROPERTY: The above described parcel of land shall be used solely for an ovster bar wave break
w and Grantee shall not engage in any activity except as described in the Department of Environmental Protection,
Cn Environmental Resource Permit No. 312648584 dated Aueust 16. 1995 . incorporated herein and made a part of this
w easement by reference.
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2. EASEMENT CONSIDERATION: The consideration for this easement shall be an amount as determined by the
U rule establishing fees for utility crossings. Once the rule is adopted, payment shall be remitted to the Grantor according to
the rule. The established fee shall be assessed from the effective date of the subject rule.
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3, WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND.: Grantor neither warrants title
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to the lands described herein nor guarantees the suitability of any of the lands for any particular use.
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y+ 4. RIGHTS GRaNTED: The rights hereby granted shall be subject to any and all prior rights of the United States
and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement.
5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement
is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in
management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of
the property to third parties during the term of this easement.
7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the
works and operations of the Grantee in any matter pertaining to this easement.
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8. INDEMNIFICATIONANVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every
nature at its expense, and shall indemnify, defend and save and hold harmless the Grantor and the State of Florida from all
claims, actions, lawsuits and demands arising out of this easement, which do not arise out of or result from the negligent acts
of omissions of Grantor.
9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such
litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
10. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior
written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any
assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect.
11. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide
by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the
Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions
herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be
terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above -described parcel of land
shall revert to the Grantor. All costs, including attomeys' fees, incurred by the Grantor to enforce the provisions of this
easement shall be paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the following address:
City of Sebastian Florida
1225 Main Street
Sebastian, Florida 32958
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the
change is effective.
12. TAXES AND ASSESSMENTS: The Grantee 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 easement which result from the grant of this easement or the activities of Grantee hereunder.
13. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures
and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited
structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified
in Item 11 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition
to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal
of all structures and the right to impose administrative fines.
14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor 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 Grantor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement
in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after
receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
16. AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its
provisions are not severable. Airy amendment or modification to this easement must be in writing and must be accepted,
acknowledged and executed by the Grantee and Grantor.
17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
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Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the
construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior
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written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged
lands.
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Page 2 of 8 Pages
Easement No. 29459
18. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional
structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or
major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior
written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the
Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and
shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are
required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such
repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities
authorized by this easement.
19. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee, pursuant to section
18-21.009, Florida Administrative Code, must either be the record owner of the riparian upland property or have the written
consent of the riparian upland property owner(s) to conduct the activity described in this easement. If at any time during the
term of this easement, Grantee fails to comply with this requirement, this easement shall terminate and title to this easement
chnll revert in and vect in the rhnninr innnMintely and nntmmntimlly
Page 3 of 8 Pages
Easement No. 29459
WITNESSES:
Original Signature
1 rar/ L. G; lmbre
Typned/PrintteedlNam(/oe�( of �W,itn-ess/
Original Signature /
-:D71r; s N Tbro co Al
Typed/Printed Name of Witness
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
BY l A L a
Carolyn Thomps�Senior Manager in Analyst II,
Bureau of Land Management Services, Division of State
Land, Agent for the Board of Trustees of the Internal
Improvement Trust Fund
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 19aL
by Carolvn Thomason. Senior Management Analvst II, who is persTV:
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APPROVED AS TO FORM AND LEGALITY: FloNotaf Florida
A.
DEP attorney �/
Printed, Typed or Stamped Name
My Commission Expires:
LEIOH O'SH1ELDS
.• ,� MY COMMISSION A OO 458920
p FNrIPFA8:: ApnI V, 19SO
IN'd rh„ 1 N9*11at416 unRarr/Mem ommission/Serial No.
WITNESSES:
JY1. aMU lfl�
Ongrnal Signature City Clerk
V..4L......... M MI. JAAT
Typ�Prmted Name of Witness
Original Si nature
&U , A. lqa,,
Typed/Prl'nted Natare of Witness
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Citv of Sebastian Florida t ;ALL
Grantee _
BY �,�
Ori ' Signature of Execut —,7Ait ty -.�4z=
Louise Cartwright
Typed/Printed Name of Executing Audi.9z.ty
Mavor
Title of Executing Authority
"GRANTEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this 1.2 i day of l/✓� o�m [i 19 ,
by Louise Cartwright as Mayor , for and on behalf of Citv of Sebastian Florida She is personally known to me
or who has produced as identification. —
My Commission Expires: ., � U)
t.,,.H. JDAAIG�SANDBERG P #ic, State of AX ACI ,� -.r Ul
APk/� .3�J. /99R IAU$,.,
J- ' ;:( toMMISSION A Ce 369021 G�
EKPIKS: Aura130, ls-8 ^✓dfIJJGIE SAItIIO ZW-1 O
Commission/Serial No. 4,' sonaed mm Nman p ba untle ted, Typed or Stamped Nameco
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Page 4 of 8 Pages kjo
Easement No. 29459
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Easement
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REVISED LEGAL DESCREMON FOR EXPERIMENTAL
OYSTER BAR WAVE BREAK
The location of the Experimental Oyster Bar can be described as follows:
Located in Section 6, Township 31S, Range 39E, commencing at a point, said point
being the northeast corner of Riverview Park, thence S 20 45 00"E a distance of 455
to a point, thence N 69'45'00"E a distance of 70' to the point of beginning, from said
point of beginning N 5e30(30"E a distance of 12`, thence N 33°30'30"W a distance
of 150', thence S 56030'30"W a distance of 12', and thence S 33 30'30"E a distance
of 150' back to point of beginning. (containing approximately 1,800 square
feet, more or less).
Attachment A
Page 6 of 8 Pages
Easement No. 29459
OR 1135Fc0092
E_XPERIMCIaTAI- OYSTER (3HK
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XZ/6�O This Instrument Prepared By: DEED S,% 0
Cher King NOTE
Submerged Lands Section
Bureau of Land Management Services #FFREY K. 10M 8=
3900 Commonwealth Boulevard INDIAN RIVFA WM
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
IN THE RECORDS CF
JEFF=+c'`/ K. PAcTON
CLEF.:' CIRCUIT COURT
NO. 29459 INDIAN RIVER CO., FLA.
HOT FILE NO. 312648584
THIS EASEMENT is hereby granted by the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida, hereinafter referred
to as the Grantor.
WITNESSETH: That for the faithful and timely performance of and
compliance with the terms and conditions stated herein, the Grantor does
hereby grant to City of Sebastian, Florida, a Florida municipal corporation,
hereinafter referred to as the Grantee, a nonexclusive easement on, under and
c� across the sovereign lands described as follows:
p� A parcel of sovereign submerged land in Section 06
H Township 31 South , Range 39 East , in Indian River Aquatic
Preserve, Indian River County, as is more particularly described
and shown on Attachment A, dated May_22, 1995.
TO HAVE THE USE OF the hereinabove described premises for a period
"J 1� of 5 years from September 16, 1995 , the effective date of this
�easement. The terms and conditions of and for which this easement is granted
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are as follows:
j\ 1. The above described parcel of land shall be used solely for the
installation of a breakwater and Grantee shall not engage in any activity
except as described in the Division of Environmental Resource Permitting,
Permit No. 312648584 dated August 16, 1995, attached hereto as Attachment B,
' and made a part hereof.
2. The rights hereby granted shall be subject to any and all prior
rights of the United States and any and all prior grants by the Grantor in and
to the submerged lands situated within the limits of this easement.
3. Grantee shall not damage the easement lands or unduly interfere with
public or private rights therein.
4. This easement is nonexclusive, and the Grantor, or its duly
authorized agent, shall retain the right to enter the property or to engage in
management activities not inconsistent with the use herein provided for and
shall retain the .eight to grant compatible uses of the property to third
parties during the term of this easement.
5. Grantor, or its duly authorized agent, shall have the right at any
time to inspect the works and operations of the Grantee in any matter
pertaining to this easement.
6. The Grantee 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.
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7. Grantee waives venue as to any litigation arising from matters
relating to this easement and any such litigation between Grantor and Grantee
shall be initiated and maintained only in Leon County, Florida.
8. This easement shall not be assigned or otherwise transferred without
prior written consent of the Grantor or its duly authorized agent. Any
assignment or other transfer without prior written consent of the Grantor
shall be null and void and without legal effect.
9. The Grantee, by acceptance of this easement, binds itself,its
successors and assigns, to abide by the provisions and conditions herein set
forth, and said provisions and conditions shall be deemed covenants of the
Grantee, its successors and assigns. In the event the Grantee fails or
refuses to comply with the provisions and conditions herein set forth or in
the event the Grantee violates any of the provisions and conditions herein,
this easement may be terminated by the Grantor upon 30 days written notice to
Grantee. If terminated, all of the above -described parcel of land shall
revert to the Grantor. All costs, including attorneys' fees, incurred by the
Grantor to enforce the provisions of this easement shall be paid by the
Grantee. All notices required to be given to Grantee by this easement or
applicable law or administrative rules shall be sufficient if sent by U.S.
Mail to the following address:
City of Sebastian Florida, a Florida municipal corporation
1225 Main Street
Sebastian, Florida 32958
The Grantee agrees to notify the Grantor by certified mail of any
changes to this address at least ten (10) days before the change is effective.
10. The Grantee 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 easement which result
from the grant of this easement or the activities of Grantee hereunder.
11. Renewal of this easement is at the sole option of the Grantor. Such
renewal shall be subject to the terms, conditions and provisions of current
management standards and applicable laws, rules and regulations in effect at
that time. In the event that Grantee is in full compliance with the terms of
this easement, the Grantee shall be allowed a 30-day grace period after
expiration of this easement to apply in writing for a renewal. If the Grantee
fails to apply for a renewal within the grace period, or in the event the
Grantor does not grant a renewal, the Grantee shall vacate the premises and
remove all structures and equipment occupying and erected thereon at its
expense.
12. If the Grantee does not remove said structures and equipment
occupying and erected upon the premises after expiration or cancellation of
this easement, such structures and equipment will be deemed forfeited to the
Grantor, and the Grantor may authorize removal and may sell such forfeited
structures and equipment after ten (10) days written notice by certified mail
addressed to the Grantee at the address specified in Item 10 or at such
address on record as provided to the Grantor by the Grantee. However, such
remedy shall be in addition to all other remedies available to Grantor under
applicable laws, rules and regulations including the right to compel removal
of all structures and the right to impose administrative fines.
13. No failure, or successive failures, on the part of the Grantor 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 Grantor to enforce the same upon any
renewal thereof or in the event of subsequent breach or breaches.
14. The Grantee, at its own expense, shall record this easement and any
subsequent approved renewal and/or modified easements in the official records
of the county within which the easement site ie located within fourteen (14)
days after receipt of a fully executed copy of this easement, and shall
provide the Grantor with a copy of the recorded easement indicating the book
and page at which the easement is recorded.
15. This easement is the entire and only agreement between the parties.
Its provisions are not severable. Any amendment or modification to this
easement must be in writing and must be accepted, acknowledged and executed by
the Grantee and Grantor.
Page 2 of 22 Pages
Easement No. 29459
16. Prior to commencement of construction and/or activities authorized
herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit
if it is required by the COE. Any modifications to the construction and/or
activities authorized herein that may be required by the COE shall require
consideration by and the prior written approval of the Grantor prior to the
commencement of construction and/or any activities on sovereign, submerged
lands.
17. 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 Grantor, with the exception of
emergency repairs. Unless specifically authorized in writing by the Grantor,
such activities or structures shall be considered unauthorized and a violation
of Chapter 253, Florida Statutes, and shall subject the Grantee to
administrative fines under Chapter 18-14, Florida Administrative Code. If
emergency repairs should have to be undertaken in the interests of public
health, safety or welfare, the Grantee shall notify the Grantor of such
repairs as quickly as is practicable; provided, however, that such emergency
activities shall not exceed the activities authorized by this agreement.
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Page 3 of 22 Pages
Easement No. 29459
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Zigjtn!�#f ature (SEAL)
By &td
PIP
Typed/Printie Name of fitness Carolyn ThompsoSen>_o
Management Analyst II, B reau of
Land Management Services,
Division of State Lands, Agent
oNa Si nat a for the Board of Trustees of the
PXInternal Improvement Trust Fund
Type'/Printe/Narye of Witness
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
..AA�� The foregoing instrutJlent was acknowledged before me this t q%, L day of
fV , 19�, by Carolyn Thompson, Senior Man agemen{ Analyst II, who
is personally known to me.
APPROVED(y/SS, TO FORM AND LEGALITY:
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'� LyITNE5S S: o, -•
'•'Original -''signature,
Kathryn Mc O'Halloran
City Clerk
Typed/Printend4Name.of Witness
ig"inal Signature
-T�vv� SuA,aEYYY�'�
Type /Printed NNaaameofflWitness
STATE OF1._'%J�-O',/L/CCfr.��"---�
COUNTY OF 4d7'Lf�G/�FiJCi / aL1
Notary PubliAtkoof Florida
VIOLET LORD DAVIS
'�� ••��`_ �AV M4AlICSIflN M �,�` Q99939
Printed, Typed or a"RES: August 18,1997
My Commission Expi. �. SNM ThM Nulsq FUM W&MINIIIJI
Commission/Serial No.
City of Sebastian, Florida, a Florida
municipal corporation (SEAL)
Gra a %O
BY `=
Original Signature o xecuting Authority
Arthur L. Firtion
Typed/Printed Name of Executing Authority
Mayor
Title of Executing Authority
"GRANTEE"
/ The foregoing instryylm�nt was acknowledged before me this
Ao;)!2SebaBtian,
9 �, by Arthur L. Firtion as Mayor, for
a Florida municipal corporatiojj��. He isvereQnall
has produced /C.%/FJ as'identif'cation_. ,
1-0 day of
d on behalf of City
nay to me or who
My Comsm .ssi n Expires: ( ; �- /) /• /�K- V"(
/8 P�/: Nd ary PubTrc/ Sate of 64:b.-Ivan
Commission/Serial No.
VO-/*Printed,
Typed or Stamped Name
�
v
O
w.,
LINDA M. GALLEY
a
._
••,.p1„
MY COMMISSIONS;Jun f
�)
8, 998
g¢ IXPIRES:.lune 18, 1998
,'�,`•• Bonded Thm Notary PubIR Wldam ten l
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Page 4 of 22
Pages
Easement No. 29459
'J
Legal Description for Wave Break
The location of the proposed Experimental Oyster Bar can
be described as follows:
Located in Section 6, Township 315, Range 39E, commencing
at a point, said point being the northeast corner of
Riverview Park, thence S 20°45'00"E a distance of 455' to
a point, thence N 69°45'00"E a distance of 75' to the
point of beginning from said point of beginning N
56°30'30"E a distance of 7', thence N 33°30'30"W a
distance of 150', thence S 56030'30"W a distance of 7'
and thence S 33030'30"E a distance of 150' back to point
of beginning. (approximately 1,050 square feet)
Attachment A
Page 5 of 22 Pages
SSLE No. 29459
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Attachment A
Page 6 of 22 Pages
SSLE No. 29459
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Lawton Chiles
Governor
Department of
Environmental Protection
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803-3767
Permittee:
City of Sebastian/
Riverview Park
c/o Marty Smithson
St. Johns River Water
Management District
1900 S. Harbor City Blvd., S-107
Melbourne, FL 32901
Virginia B. Wetherell
Secretary
1. D. Number:
Permit Number: 31-264858-4
Expiration Date: August 16, 2000
County: 31-264858-4
Latitude/Longitude
270 48' 30"/ 80a 27' 50"
Section/Township/Range:
06 / 30 S/ 39 E
Project: See below
This permit is issued under the provisions of Chap
Statutes, and Title 62 Florida Administrative Code. T
hereby authorized to perform the work or operate
application and approved drawing(s), plans, and other
on file with the department and made a part hereof
follows:
PROJECT:
ters 373 and/or 403, Florida
he above named permittee is
the facility shown on the
documents attached hereto or
and specifically described as
To install 500 linear feet of coquina rock rip rap along the Indian River.
To install 150 foot long experimental oyster bar In the Indian River.
To construct a public elevated fishing/observation pier 60 feet long by 8 feet
with with a "T" shaped 10 foot long by 12 foot wide terminus in the Indian River.
LOCATION:
1-95 South, turn east onto S.R. 512, pass over U.S. 1; project is located at
intersection of S.R. 512 and Indian River Drive in Section 6, Township 30 South,
Range 39 East, in Indian River County, Florida.
DEP FORM 62-1.201(5) Effective November 30, 1982 Page 1 of 6
"Protect, Conserve oral A9onoge Florido's Environment and Natural Resources"
Printed on rerycled paper.
C7
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Attachment B N
Page 9 of 22 Pages U1
SSLE No. 29459
N
Permittee: City of Sebastian/Riverview Park
Permit Number: 31-264858-4
GENERAL CONDITIONS:
1. The terms, conditions, "requirements, limitations and restrictions set forth
in this permit, are "permit conditions" and are binding and enforceable
pursuant to Sections 403.141, 402.727, or 403.859 through 403.861, F.s. The
permittee is placed on notice that the Department will review this permit
periodically and may initiate enforcement action for any violation of these
conditions.
2. This permit is valid only for the specific processes and operations applied
for and indicated in the approved drawings or exhibits. Any unauthorized
deviation from the approved drawings, exhibits, specifications, or conditions
of this permit may constitute grounds for revocation and enforcement action
by the Department.
3. As provided in subsections 403.087(6) and 403.722(5)1 F.S., the issuance of
this permit does not convey any vested rights of pubblic or private property
or any invasion of personal rights, nor any infringement of federal, state,
or local laws or regulations. This permit is not a waiver. of or approval of
any other Department permit that may be required for other aspects of this
total project which are not addressed in this permit. .
4. This permit conveys no title to land or water, does not constitute State
recognition or acknowledgment of title, and does not constitute authority for
the use of submerged lands unless herein provided and the necessary title or
leasehold interests have been obtained from the state. Only the Trustees of
the Internal Improvement Trust Fund may express State opinion as to title.
S. This permit does not relieve the permittee from liability for harm or injury
to human health or welfare, animal, or plant life, on property caused by the
construction or operation of this permitted source, or from penalties
therefore; nor does it allow the permittee to cause pollution in
contravention of Florida Statutes and Department rules, unless specifically
authorized by an order from the Department.
6. The permittee shall properly operate and maintain the facility and systems of
treatment and control (and related appurtenances) that are installed and used
by the permittee to achieve compliance with the conditions of this permit, as
required by the Department rules. This provision includes the operation of
backup or auxiliary facilities or similar systems when necessary to achieve
compliance with the conditions of the permit and when required by Department
rules.
7. The permittee, by accepting this permit, specifically agrees to allow
authorized Department personnel, upon presentation of credentials or other
documents as may be required by law and at reasonable times, access to the
premises where the permitted activity is located or conducted to:
(a) Have access to and copy any records that must be kept under conditions of
the permit;
(b) Inspect the facility, equipment, practices, or operations regulated or
required under this permit; and
(c) sample or monitor any substances or parameters at any location reasonable
necessary to assure compliance with this permit or Department rules.
Reasonable time may depend on the nature of the concern being investigated.
If, for anv reason, the permittee does not comply with or will be unable to
comply with any conditions or limitation soecified in this permit, the
permittee shall immediately provide the Department with the following
information:
(a) a description of and cause of noncompliance; and
(b) The period of non-compliance, including dates and times; or, if not
corrected. the anticipated time the noncompliance is expected to
continue, and steps being taken to reduce,; eliminate, and prevent
recurrence of the noncompliance. The permittee sha11 be responsible for
anv and all damages which may result and may be subject to enforcement
action by the Department for penalties or for revocation of this permit.
DEP Form 62-1.201(5))
Effective November 30, 1982
Attachment B
Page 10 of 22 Pages
SSLE No. 29459
Page 2 of 6
Permittee: City of Sebastian/Riverview Park
Permit Number: 31-264858-4
GENERAL CONDITIONS:
,
9. In accepting this permit, the permittee understands and agrees that all
records, notes, monitoring data and other information relating to the
construction or operation of this permitted source which are submitted to the
Department may be used by the Department as evidence in any enforcement case
involving the permitted source arising under .the Florida Statutes or
Department rules, except where such use is prescribed by Section 403.111 and
403 73, F.S. Such evidence shall only be used to the extent it is consistent
with the Florida Rule of civil Procedure and appropriate evidentiary rules.
10. The permittee agrees to comply with changes in Department rules and Florida
Statutes after a reasonable time for compliance; provided, however, the
permittee does not waive any other rights granted by Florida Statutes or
Department rules. A reasonable time for compliance with a new or amended
surface water quality standard, other than those standards addressed in Rule
62-302.500, shall include a reasonable time to obtain or be denied a mixing
zone for the new or amended standard.
11. This permit is transferable only upon Department approval in accordance with
Rule 62-4.120 and 62-730.300, F.A.C., as applicable. The permittee shall be
liable for any non-compliance of the permitted activity until the transfer is
approved by the Department.
12. This permit or a copy thereof shall be kept a the work site of the permitted
activity.
13. This permit also constitutes certification of compliance with State Water
Quality Standards (Section 401, PL-92-500). .
14. The permittee shall comply with the following:
a. upon request, the permittee shall furnish all records and plans required
under Department rules. During enforcement actions, the retention period
for all records will be extended automatically unless otherwise
stipulated by the Department.
b. The permittee shall hold at the facility or other location designated by
this permit records of all monitoring information (including all
calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation) required by the
permit, copies of all reports required by this permit, and records of all
data used to complete the application forthis permit. These materials
shall be retained at least three years from the date of the sampple,
measurement, report, or application unless otherwise specified by
Department rule. .
C. Records of monitoring information shall include:
1. the date, exact place, and time of sampling or measurements;
2. the person responsible for performing the sampling or measurements;
3. the dates analyses were performed;
4. the person responsible for performing the analyses;
5. the analytical techniques or methods used;
6. the results of such analyses.
15. When recuested by the Department, the permittee shall within a reasonable
time furnish any information required by law which is needed to determine
compliance with the permit. If the permittee becomes aware the relevant
facts were not submitted or were incorrect in the permit application or in
any report to the Department, such facts or information shall be corrected
promptly.'
DEP Form 62-1.201(5)
Effective November 0, 1982
Attachment B
Page 11 of 22 Pages
SSLE No. 29459
Paoe 3 of 6
Permittee: City of Sebastian/
Riverview Park -
SPECIFIC CONDITIONS:
Permit Number: 31-264858-4
Expiration Date: August 16, 2000
1. Turbidity must be controlled to prevent violations of water quality pursuant
to Rule 62-302.510(5)(r), Florida Administrative Code. Turbidity shall not
exceed 29 Nephelometric Turbidity Units above natural background conditions.
2. Prior to construction of work authorized by this permit, the permittee shall
provide written notification of the date of commencement of construction to
the Central District Office of the Department of Environmental Protection,
3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767.
3. Within 30 days of completion of work authorized by this permit, the permittee
shall provide written notification of the date of completion of construction
to the Central District Office of the Department of Environmental Protection,
3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767.
4. The permittee is hereby advised that Florida law states: "No person shall
commence any excavation, construction, or other activity involving the use of
sovereign or other lands of the state, title to which is vested in the Board
of Trustees of the Internal Improvement Trust Fund or the Department of
Environmental Protection under Chapter 253, until such person has received
from the Board of Trustees of the Internal Improvement Trust Fund the
required lease, license, easement, or other form of consent authorizing the
proposed use." Pursuant to Florida Administrative Code Rule 16Q-14, if such
work is done without consent, or if a person otherwise damages state land or
products of state land, the Board of Trustees may level administrative fines
of up to $10,000 per offense.
5. If historic and/or archaeological cultural materials are discovered at any
time within the project site, the permittee shall immediately stop all
operations and notify the DEP district office and James Miller, State
Archaeologist, Division of Historical Resources, Bureau of Archaeological
Research, R. A. Gray Building, 500 South Bronough Street, Tallahassee,
Florida 32399-0250.
6. The project shall comply with applicable state water quality standards,
including:
A. 62-302.500 - minimum criteria for all surface waters at all places and
at all times,
B. 62-302.510 - Surface waters: general criteria, and
C. 62-302.560 - Class III Waters - Recreation - Propagation and maintenance
of a healthy, well-balanced population of Fish and Wildlife.
DEP FORM 62-1.201(5) Effective November 30, 1982 Paoe 4 of 6
Attachment B
Page 12 of 22 Pages
SSLE No. 29459
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Permittee: City of Sebastian/ Permit Number: 31-264858-4
Riverview Park Expiration Date: August 16, 2000
SPECIFIC CONDITIONS
7. Turbidity barriers shall be installed around the entire work area prior to
any construction commencement, remain installed until all work is complete,
all disturbed areas have been fully stabilized and background conditions
return.
8. Turbidity barriers shall be inspected throughout the day to insure their
proper installation and that they are functioning properly to control
turbidity.
9. Any upland area disturbed by the project shall be sodded within 72 hours of
completion of the shoreline stabilization portion of the project to prevent
erosion and siltation into the Indian River Aquatic Preserve.
'10. The 500 linear foot rock revetment shall be installed to avoid impacting
desirable vegetation found along the shoreline.
11. The revetment shall be installed with a minimum of a 2:1 slope
(2 Horizontal:1 Vertical).
12. The rip rap material shall consist of clean coquina rocks ranging from six
inches to two feet in diameter.
13. There shall be a filter cloth installed between the rip rap material and the
existing ground.
14. Any material used as fill behind the revetment shall be clean fill and free
of trash, garbage, vegetative matter, toxic or hazardous waste or any other
material the Department considers as unsuitable.
15. The rip rap revetment shall be installed so that it is tied into the existing
seawall to the north of the project and ties into the embankment behind the
desirable vegetation at the southern end of the project site.
16. experimentalThe bar shall
lc in a substrate, on top
of or whin 10feeeasses).
ot
17. The
entireb26 f000t widegterminnuso shall wide
dbe Bused ure for i fishing lgand observational
purposes only.
18. The entire access structure shall be elevated a minimum of 5.0 feet above
ordinary/mean high water and have a minimum of 112 inch spacing between the
planks.
DEP FORM 62-1.201(5) Effective November 30, 1982 Page 5 of 6
�J
Attachment B
Page 13 of 22 Pages
SSLE No. 29459
Permittee: City of Sebastian/ Permit Number: 31-264858-4
Riverview Park: Expiration Date: August 16, 2000
SPECIFIC CONDITIONS
19. Handrails shall be installed along (both sides of the access pier) and around
the entire structure as the structure is constructed. The handrails shall be
installed between or through the pilings, not on top of them.
20. No mooring is authorized along any portion of the entire structure at any
time. "No Mooring" signs shall be posted on both sides of the access pier and
on the terminus.
21. There shall be no fish cleaning stations, boat repair facilities or equipment
and fueling facilities on the structure.
22. There shall be no bait houses, storage shelters, sun decks, gazebos, screen
porches, wet bars, living quarters, or other non -water -dependent structures
over waters of the State or on the pier/structure.
23. Prior to construction of the structure, a floating turbidity apron/curtain
shall be installed and remain in place until all pilings have been installed
or until turbidity levels within the work area return to background levels.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
�� Vivian F. Garfein
Director of District Management
Date: A�uSI )(. 1 clgs
DEP FORM 62-1 .201(5) Effective November 30, 1982 Page 6 of 6
Attachment B
Page 14 of 22 Pages
SSLE No. 29459
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PROJECT DESCRIPTION
The western shoreline of the Indian River which fronts the City of Sebastian's Riverview
Park, along Indian River Drive, has been plagued for years with avulsion and erosion due
to its exposure to northeasterly storms, which create damaging high energy waves.
Attempts to harden the shore with concrete rubble and inappropriate fill, without the use
of filter cloth, have failed to protect the shoreline.
The St. Johns River Water Management District's SWIM program, working jointly with
the City of Sebastian, is proposing a shoreline restoration project to reduce or eliminate the
persistent source of sediment loading into the lagoon. These sediments are causing negative
impacts to adjacent seagrass and oyster beds.
The proposed project addresses 500 linear feet of shoreline. To stabilize and protect the
shoreline, existing concrete rubble will be removed and replaced with a consistent fill
material to attain a minimum 2:1 slope. An erosion control filter fabric will be installed
and covered with 3 ft. size coquina boulders. In addition to the coquina rock, other
measures will be taken to further the control of erosion while providing some ecological
habitat value.
1. Native ground cover grasses will be planted at the top of slope to reduce
erosion due to stormwater runoff.
2. Salt tolerant marsh grass (SDartina alterniflora) will be planted at the toe of
the hardened slope to buffer wave energy and provide habitat.
3. Along the northernmost 100 ft., red mangroves will be planted in wooden
planters set in the coquina rock, near the bottom of the slope. Mangroves
will provide habitat and resource value, as well as aesthetics and educational
opportunities.
4. Along the southernmost 150 ft. of shoreline, 6 inch coquina rip rap will be
placed 5-10 ft. offshore in a row approximately 4 ft. wide and 1.S ft. high.
The rock is intended to serve as a substrate for oyster spat colonization and
serve as a submerged wave break.
5. At the project mid -point, a 60 ft. x 8 ft. wooden observation/fisbing deck is
proposed for public access. This feature will also provide additional
environmental education and public awareness opportunities regarding
seagrasses, oyster bars, shoreline protection, etc.
4
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Attachment B N
Page 15 of 22 Pages UI
SSLE No. 29459 -.J
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