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Home My WebLink About2009-089RESOLUTION 2009- 089 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND RECONSTRUCTING 66 Tit AVENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS Indian River County is one of the fastest growing counties within the State of Florida; and WHEREAS the continued growth in Indian River County has greatly increased the vehicular traffic within the County Roadway Network; and WHEREAS the increased traffic has greatly impacted the traffic flow on north./south arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on U.S. Highway 1 and other arterial north/south roadways within the transportation network in southern Indian River County by widening and reconstructing 66`h Avenue. WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66`h Avenue as a major north/south arterial roadway. WHEREAS the Board of County Commissioners of Indian River County, having considered information provided by the County Public Works Director has determined that it is necessary and in the public interest to acquire fee simple title in the real property identified as Parcel 112 and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66`h Avenue; and WHEREAS the Board of County Commissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows: SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. 1 RESOLUTION 2009- 089 SECTION 2. Indian River County finds it necessary and in the public interest to acquire the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of improving and reconstructing 66 s Avenue, including Side Street, Intersection, Sidewalk and Water Retention Pond Improvements in order to provide for the health, safety and welfare of the growing population of Indian River County. SECTION 3. The County Administrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Composite Exhibit "A", in the estate or interest as identified therein, and to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such Eminent Domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statute Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. SECTION 6. This resolution shall take effect immediately upon its adoption. This resolution was moved for adoption by Commissioner Joseph E. Flescher and the motion was seconded by Commissioner Wesley S. Davis and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis AYE Vice Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Gary C. Wheeler AYE The Chairman thereupon declared the resolution duly passed and adopted this 16th day of June, 2009. 2 RESOLUTION 2009- 039 Attest: J. K. Barton, Clerk Bye Deputy Clerk Approved as to form and legal fic' cy William K. DeBraal Deputy County Attorney tl INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners 1 J''eseeyy S. Davis, ClKairman BCC Approved: June 16, 2009 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE LEGAL DESCRIPTION: PARCEL 112 OWNER: LAWRENCE J. BROWN & PHYLLIS J. BROWN, HIS WIFE A PORTION OF LAND BEING THE EAST 112.00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1714, PAGE 1478, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING WITHIN TRACT 9, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 29,675 SQUARE FEET OR 0.68 ACRES, MORE OR LESS ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, PALM BEACH COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00'08'10" EAST. SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS—OF—WAY OF RECORD. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIQNAL—P RPOSES ONLY AND IS NOT VALID. PERRY WHITE ;)R�E SSIONAL LAND SURVEYOR AND MAPPER LICENSE NO. 4213, STATE OF FLORIDA DATE: 1/15/07 NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. PROJECT MANAGER DEPARTMENT MANAGER I SCAU: I CHECKED BY y /�O PCW PCW 1' =80 PCW A ■ O n SHEF TRE DATE, DRAWN BY tin ! i � �_ PROJECT 7 BEJ ■ ■VIII YY ii// ^� ADDITIONAL R/W PRQIECT NUMBER DRAWING NUTABER ARCADIS U.S,, Inc, m 8 2031>(SJaPafMap Te1:sD1I697-7o0e Eax 561 6690731 wPDolos3 1053SD112 Do West Palm Beach, Florida 33411 v YJFu01u -uscnm SHEET 1 OF 2 COMPOSITE EXHIBIT "A" 61st St. 619 _ an 3 U 57th St. B oIII �N_ 16 > Canal Relief 53rd Q St Pi j a-- . it �__— L c ! 49th t. 20 a 21 o LLL w 24 c ::::::..... P LEGAL DESCRIPTION: PARCEL 112 OWNER: LAWRENCE J. BROWN & PHYLLIS J. BROWN, HIS WIFE A PORTION OF LAND BEING THE EAST 112.00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1714, PAGE 1478, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING WITHIN TRACT 9, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 29,675 SQUARE FEET OR 0.68 ACRES, MORE OR LESS ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, PALM BEACH COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00'08'10" EAST. SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS—OF—WAY OF RECORD. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIQNAL—P RPOSES ONLY AND IS NOT VALID. PERRY WHITE ;)R�E SSIONAL LAND SURVEYOR AND MAPPER LICENSE NO. 4213, STATE OF FLORIDA DATE: 1/15/07 NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. PROJECT MANAGER DEPARTMENT MANAGER I SCAU: I CHECKED BY y /�O PCW PCW 1' =80 PCW A ■ O n SHEF TRE DATE, DRAWN BY tin ! i � �_ PROJECT 7 BEJ ■ ■VIII YY ii// ^� ADDITIONAL R/W PRQIECT NUMBER DRAWING NUTABER ARCADIS U.S,, Inc, m 8 2031>(SJaPafMap Te1:sD1I697-7o0e Eax 561 6690731 wPDolos3 1053SD112 Do West Palm Beach, Florida 33411 v YJFu01u -uscnm SHEET 1 OF 2 COMPOSITE EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! STA: 278+66.15 OFFSET: 29.DO R STA: 278+66.13 OFFSET: 83.00 L\ 30.00' ROAD R/W AS DETERMINED BY— INDIAN RIVER COUNTY 112' ADDITIONAL. I R/W I I ( N I A PORTION OF TRACT 9 w P.B. 2, PG, 25, S.LC.R. o 4785 66th AVENUE VERO BEACH, FL., 32967 0 PID -32391900001009000005.0 p 0 z STA: 276+01.18 II OFFSET: 83.00 L� — — — — — — — — — — — — — . LEGEND: D.B. - DEED BOOK P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING P.B. - PLAT BOOK PG. - PAGE PID - PROPERTY INDENTIFICATION NUMBER S89'52 N.E. CORNER OF ;TION 19-32-39 - POINT OF TANGENCY o a 1e 17 5 53rd STREET It a S.L.C.R. \ 1s zo : a ao Z U STA - STATION U ¢ a a r7 4 lQi ,n I w0 M W Q C6 gra Z N a oam w1� Z M Lnoo U Z I N89'51'46 112.00' STA: 276+01.13 OFFSET: 29.00 R w %�fi POT - POINT OF TANGENCY o a w 5 It a S.L.C.R. - ST. LUCIE COUNTY RECORDS z 5 : a ao Z U STA - STATION U ¢ a a �5 w w 3 0 50' R/W PER STATE OF FLORIDA - STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. 88530, ROAD NO. 505 COUNTY ROAD 6150 66th AVENUE 0 SII PRO,iECT M?NAGER DEPARTMENT MANAGER I SCALE: CHECKED BY PCW pCW 1' = 80'I PCW AR V m turn Tn c D41F_ 1 DRAWN BV 9p" 2 _ 1/15/07 I ABEJ ~ ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER ARCADIS U.S., Inc. 1053SD112 s 2081 VIsls Parkway Ter. J561169(MW Far.. 1561; 657-7751 WPOO1053 Was. Palm Beach. Flonde 33411 wwm amadisus coni SHEET 2 OF 2 a 5 It 0 5 a ao Z U U � 4 lQi ,n J N Q C6 gra Z N a oam �?a PRO,iECT M?NAGER DEPARTMENT MANAGER I SCALE: CHECKED BY PCW pCW 1' = 80'I PCW AR V m turn Tn c D41F_ 1 DRAWN BV 9p" 2 _ 1/15/07 I ABEJ ~ ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER ARCADIS U.S., Inc. 1053SD112 s 2081 VIsls Parkway Ter. J561169(MW Far.. 1561; 657-7751 WPOO1053 Was. Palm Beach. Flonde 33411 wwm amadisus coni SHEET 2 OF 2