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Home My WebLink About2001-134 12/01 RESO(LEGAL)WGG/nhm RESOLUTION NO. 2001-_Lu_ uQ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, DECLARING THE ACQUISITION FOR ADDITIONAL ROAD RIGHT-OF-WAY ON THE WEST SIDE OF 58TH AVENUE (KING'S HIGHWAY), AND ON THE NORTH SIDE OF 5TH STREET, S.W., COUNTY PROJECT NO. 8823, INDIAN RIVER COUNTY, FLORIDA TO BE A PUBLIC PURPOSE AND A PUBLIC NECESSITY; AND AUTHORIZING THE ACQUISITION OF SAID PARCEL BY DONATION, PURCHASE, OR EMINENT DOMAIN. WHEREAS, the safe, efficient and uninterrupted transportation of people and property from place to place on the County Road System of Indian River County is a matter of great concern to the people of the County; and WHEREAS, the elimination of safety hazards in existing and future transportation facilities within Indian River County is of utmost concern; and WHEREAS, it is beneficial and desirable that vehicular traffic within any transportation facility in developed or developing areas of the County has an adequate right-of-way to accommodate the roadway and its appurtenant facilities to decrease the likelihood of accidents and to increase the safety of travel within and upon such facilities; and 1 L RESOLUTION NO. 2001- 134 WHEREAS, the County has completed the engineering design for the widening of 58th Avenue between Oslo Road and 16th Street; and for a bridge over the existing canal east of 58th Avenue at 5th Street, S.W.; and WHEREAS, the existing right-of-way of said road is inadequate for proper utilization by projected vehicular traffic volumes and requires additional traffic lanes and improved drainage facilities to reduce safety hazards and improve traffic flow; and WHEREAS, in order to construct safe roads the County has acquired additional right-of-way on the west side of the existing 58th Avenue and north side of 5th Street, S.W. road right-of-way as needed, except for the property described herein; and WHEREAS, the acquisition of a portion of this parcel for road right-of- way is essential to completion of the project and for the construction of safe roads; and WHEREAS, the aforesaid acquisition is in the best interest of the people of Indian River County and is reasonably necessary for a county and public purpose, to wit: for providing safe paved roads and drainage for citizens utilizing these streets; and WHEREAS, for the aforesaid reasons and purposes, Indian River County's acquisition of the fee simple absolute title to this parcel of real property is necessary; and 2 RESOLUTION NO. 2001-__134 WHEREAS, the specific parcel of real property that Indian River County needs to acquire for providing the safe paved roads is set forth in Attachment "A"; and WHEREAS, there are no known mobile homes on the property sought to be acquired, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby adopts and ratifies those matters set forth in the foregoing recitals. 2. Indian River County's acquisition of the fee simple absolute title to the parcel of real property described in Attachment "A" is hereby found and determined to be necessary for the aforesaid reasons, uses, and purposes with acquisition by eminent domain to be made as authorized by Sections 127.01 and 127.02, F.S. 3. The County Attorney, his assistant, or designee is hereby authorized to take whatever steps are necessary for Indian River County to acquire in its own name, by donation, purchase, or eminent domain proceedings (Chapters 73 and 74, F.S.), the fee simple absolute title to the parcel of real property described in Attachment "A". In acquiring the described parcel, the County Attorney, his assistant, or designee is authorized 3 RESOLUTION NO. 2001- 134 to prepare, in the name of Indian River County, declaration of taking, any and all papers or pleadings, or any other instrument or instruments. In acquiring these parcels the County Attorney, his assistant, or designee is further authorized to prosecute any lawsuit or lawsuits to final judgment, and to defend or prosecute, if necessary, any appeal, either interlocutory or final. 4. The County Attorney, his assistant, or designee is hereby authorized to take such further actions as are reasonably necessary to fully and completely accomplish the purposes hereinabove authorized and directed. 5. Prior to the institution of any suits filed by the office of the County Attorney or such other law firm or attorney selected, the Director of Public Works or his designee is authorized to negotiate for the purchase and sale of the property described in Attachment "A" and to bring back for further Board action the Agreement to consummate the sale to Indian River County or to bring offers from the owner to the Board. The Resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner _staaL i dg-e , and, upon being put to a vote, the vote was as follows: 4 RESOLUTION NO. 2001- 134 Caroline D. Ginn, Chairman Ave Ruth M. Stanbridge, Vice Chairman Ave Fran B. Adams -Ay-e Kenneth R. Macht Ave John W. Tippin Ave The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December 2001. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY Caroline D. Ginn, Chai an ATTEST ;jefFrey"K-A3ar'tQn1 Clerk .! ,? fr Deputy C I e APPROVED AS TO FORM AND LEGAL SUFFICIENCY . BY WILLIAM G. COLLINS 111 DEPUTY COUNTY ATTCRNEY f, 5 100 0 50 100 200 GRAPHIC SCALE ( IN FEET ) 1 inch = 100 ft. ' PARCEL 102W I LEGAL DESCRIPTION Ln •� The North 50 feet of the South 80 feet of the South 527.92 feet of the West 356.78 feet of the East 412.78 feet of Tract 8, Section 20, The West 40 feAND et of the East 96 feet of A the North 447.92 feet of the South 527.92 feet of Tract 8, W All in Section 20, Township 33 South, Range W tO 39 East, according to the last general plot of A U °0a o the lands of the Indian River Forms Company, I Z Records of St. Lucie County, Florida. recorded in Plot Book 2, Page 25 of the Public I N I •� County, Florida. O C Containing 35,755.8 square feet, or 0.82 acres. ZPPARCEL J Now lying in Indian River County, Florida. S 89'06'57 E 02W I .78' I �O F� 0 N a a I V c ) 5TH STREETS.W. _ o w i cn 412.78' — `--�—5 6 80' .n CERTIFICATION 1/4 Section Line & Tract Line a I, Charles A. Cramer, hereby certify that I am a registered Profession I the state of Florida, that this sketch was made under my immediate s I further certify that this sketch meets the Minimum Technical standards al Surveyor and Ma to 9 supervision, and thoPet is eaccudrate and ti ce in correct. N Administrative Code, pursuant to F.S. Chapter 472. ds as described in Chapter 61 G17 of the Florida 0 • Z5Afe �� tn Charles A. Cromer, P.S.M. Re Indian River County Surveyor g. #4094 pa e J 1840 25th Street, Vero Beach, FL 32960 THIS IS NOT A SURVEY 0 (561) 567-8000 SKETCHTO ACCOMPANY LEGAL DESCRIPTION 0 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEP a ARTMENT a