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RESOLUTION 2022- 009 <br />A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE <br />NECESSITY TO CONFIRM AND PERFECT FEE SIMPLE TITLE IN AND <br />TO CERTAIN REAL PROPERTY FREE AND CLEAR OF ANY <br />LEASEHOLDS AND ANY OTHER INTERESTS FOR THE PUBLIC <br />PURPOSES OF IMPROVING AND RECONSTRUCTING 66TH AVENUE, <br />INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER <br />RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY <br />ATTORNEY OR ITS OUTSIDE COUNSEL TO CONFIRM AND PERFECT <br />FEE SIMPLE TITLE IN AND TO THE PROPERTIES DESCRIBED IN <br />ATTACHED EXHIBIT A BY ACQUIRING ANY LEASEHOLD AND <br />OTHER INTERESTS, IF ANY, IN AND TO SAID PROPERTIES BY THE <br />INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND <br />PROVIDING AN EFFECTIVE DATE. <br />WHEREAS the continued growth in Indian River County has greatly increased the <br />vehicular traffic within the County roadway network; and <br />WHEREAS the increased traffic has greatly impacted the traffic flow on north/south <br />arterial roadways within the County's roadway network; and <br />WHEREAS there is a great need to relieve congestion on U.S. Highway 1 and other <br />arterial north/south roadways within the transportation network in Indian River County by <br />widening and reconstructing 66th Avenue; and <br />WHEREAS the Indian River County Long Range Transportation Plan includes the <br />planned construction of 66th Avenue as a major north/south arterial roadway; and <br />WHEREAS, on July 9, 2021, the County acquired fee simple title to Parcel 127 by <br />Statutory Warranty Deed recorded at Official Record Book 3443, page 1330, by virtue of a <br />voluntary purchase and sale agreement with the former owners, Frederick L. and Norma C. <br />Lipfert Trust Agreement dated February 14, 2013 ("Former Owners"). Although the County has <br />been unable to obtain a copy of a written lease, it is believed that at the time the County acquired <br />title to Parcel 127, said Parcel was subject to a lease by and between the Former Owners and <br />Empire Equine and/or Amanda Tongay; and <br />WHEREAS, on November 23, 2021, the County acquired fee simple title to Parcel 132 <br />by Warranty Deed recorded at Official Record Book 3491, page 799, by virtue of a voluntary <br />purchase and sale agreement with the former owners, Frederick W. Van Antwerp and Florence <br />B. Van Antwerp, individually and as Co -Trustees of the Frederick W. Van Antwerp and <br />Florence B. Van Antwerp Revocable Trust Agreement dated March 19, 2010 ("Former <br />Owners"). Although the County has been unable to obtain a copy of a written lease, it is believed <br />that at the time the County acquired title to Parcel 132, said Parcel was subject to a lease by and <br />between the Former Owners and B & B Farms; and <br />1 <br />