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HomeMy WebLinkAbout2007-077RESOLUTION NO. 2007- 077 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DETERMINING THE NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY TO CONSTRUCT THE OSLO ROAD (C.R. 606) ROADWAY WIDENING PROJECT, AND AUTHORIZING THE COUNTY ATTORNEY TO FILE EMINENT DOMAIN PROCEEDINGS WHEREAS, the Board of County Commissioners of Indian River County, Florida, has previously been advised by the County Public Works Director that it is necessary and in the public interest to construct roadway widening improvements to Oslo Road (C.R. 606) ("project"); and WHEREAS, there is a great need for the project to meet the needs of the expanding transportation network in southern Indian River County by constructing roadway widening improvements to Oslo Road (C.R. 606) ("project"); and WHEREAS, the Board of County Commissioners, through the Indian River County Capital Projects Division and its professional consultants, has located and surveyed its line of construction and the right-of-way, and said Board does intend, in good faith, to construct the project on and over the hereinafter described real property; and WHEREAS, it is necessary and in the public interest to acquire fee simple title to the real property described in Composite Exhibit "A"; and WHEREAS, Indian River County has made offers to the property owners and has attempted to negotiate in good faith to acquire the necessary real property and other necessary appurtenances, and there remains to be acquired the attached described property, it is therefore necessary to exercise the power of eminent domain. RESOLUTION NO. 2007- 077 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that 1. The Board hereby finds it necessary and in the public interest to construct roadway widening improvements to Oslo Road (C.R. 606). 2. The Board hereby approves the location of the intended line of construction as surveyed and located by the Capital Project Division and the professional consultants of the County. 3. The Board finds it necessary and in the public interest to condemn the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, in order to provide right-of-way for the construction of the roadway widening improvements to Oslo Road (C.R. 606). 4. The Board finds it necessary to utilize Indian River County's power of eminent domain and condemn the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference. 5. The County Attorney's Office or the Board's outside counsel, is hereby authorized to file eminent domain proceedings in the name of Indian River County and seek to acquire fee simple title to the real property described in Composite Exhibit "A" as Parcel No. 33-39-23-00001-0130-00001.0, together with all appurtenant easements and restrictions of record. The aforementioned parcel shall be utilized for road right-of-way in conjunction with construction of roadway widening improvements to Oslo Road (C.R. RESOLUTION NO. 2007- 077 606). 6. The County Attorney's Office is further authorized to obtain title to the real property described in Composite Exhibit "A" prior to the entry of Final Judgment in the eminent domain proceedings herein authorized. 7. This resolution shall take effect immediately upon its adoption. The resolution was moved for adoption by Commissioner Davi s and the motion was seconded by Commissioner Wheel er , and upon being put to a vote, the vote was as follows: Gary C. Wheeler, Chairman Aye Sandra L. Bowden, Vice Chairman Aye Wesley S. Davis Aye Joseph E. Flescher Aye Peter D. O'Bryan Aye The Chairman thereupon declared the resolution duly passed and adopted this 1 7th day of Jul y , 2007. ATTEST: Jeffrey K. Barton Clerk of Court Deputy Clerk Approved as tp for S and leg•I fficie William K. DeBraal Assistant County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By G w Gary Wheeler, Chairman 0 0 74' 25' 20' UMW mom PER O.R.B. 000. PG. 1000 60 0 30 60 EXISTING R/W LINE (O.R.B. 1203, Pg. 2285) /RFWCD Sub-La/era/ 8-7 E I O.R.B. 1203, p PG. 2285 in 22 23 27 NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE A D THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERD SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. CERTIFICATION S ,;VEYOR AND MAPPED IN RESPONSIBLE CHARGE cciel 0 6 S.W. CORNER, c> SECTION 23 tp 1` 1Y E10S INGEASE13' 8 M ( .R.8. 1210. PG. 2n8) OSLO ROAD EXISTING R/W LINE SECTION UNE AND SOUTH LINE of TRACT 13 h 0 GRAPHIC SCALE I (IN FEET) UMW EASEMENT PER 0.R.8. 886. PG. 1800 0 co 0 w LEGEND o O.R.B.=OFFICIAL RECORD BOOK o_ P.B.=PLAT BOOK PG.=PAGE R/W=RIGHT—OF—WAY I.R.F.W.C.D.=INDIAN RIVER cOo FARMS WATER CONTROL DISTRICT M 0 �Y., �•,• .. 'i 7-17-0 ) AVID M. SILON, P.S.M. DATE FLORIDA REGISTRATION NO. LS LS 6139 INDIAN RIVER COUNTY SURVEYOR AND MAPPER 3. THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF AN OWNERSHIP & ENCUMBRANCE REPORT NUMBER 24070738, DATED JANUARY 24, 2005, AND CERTIFIED TO THE INDIAN RIVER COUNTY ATTORNEY. 4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN. IMPROVEMENTS ON THIS PARCEL EXIST, BUT ARE NOT SHOWN. THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT BOTH SHEETS 1 AND 2 AS CREATED. THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT ACAD DWG. FILE: NOPROJ\CUMB-POND NDIAN RNER COUNTY ADMINISTRATION BUILDING 1840 25th STREET VERO BEACH. FL 32960 (772) 567-8000 /ND/AN R/VER COUNTY Department of Public Works Engineering Division DRAWN BY: B. ROACH SECTION 23 APPROVED BY: D. S/LON TOWNSHIP 33S RANGE 39E CUMBERLAND FARMS—OSLO RD TEMPORARY CONSTRUCT/ON EASEMENT SHEET OF 2 LEXHIBIT.. "A" z O 1 1.11.51 N 0 0 c rAEU ch 0 z z w c 6 z 7l D z c) rn VP 0 Z 44 N rn 0 O z w N = to OCO� 0 O D = Z N mm -I0 �n Zo Z (7 (1) 0 0 n > � mr- Or m ��c�j�O I- M 8r=T r-mr-WCOOZD��= mD (n.=(nm z II aoco c� cn71tnr • mcg m• rn ��DI%I . 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