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Home My WebLink About2009-020RESOLUTION 2009-020 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 66TH 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 relieve congestion on U.S. Highway I 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 66h 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 108 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. 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`h 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 Solari and the motion was seconded by Commissioner Flescher and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Gary C. Wheeler 2 AYE AYE AYE AYE AYE - The Chairman thereupon declared the resolution duly passed and adopted this 17th day of March, 2009. Attest: J. K. Barton, Clerk INDIAN RIVER COUNTY, FLORIDA By A m"0. Kc\" w Deputy Clerk Approved as to form and legal Sufficiency /"-\ C" - illiam K. DeBraal Deputy County Attorney Byre4srey—S. d of County Commissioners y Davis, hairm'a41 BCC Approved: v rp March 17, 2009 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE 619 61st t• o — - c :13 0: 57th .St. 17 16 Ee 0N. 18 Relief Canal PJ; 53rd Q St. P Site — c m , 49th I St 20 CC a 21 CC° 124 C i 19:.x:::. �.::::� i Of 45th S OWNERS: WILLIAM BETHEL SHEILA VOTZI LEGAL DESCRIPTION: PARCEL 108 A PARCEL OF LAND BEING THE SOUTH 118.00 FEET OF THE NORTH 148.00 FEET OF THE EAST 112.00 FEET OF 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, TOGETHER WITH: THAT PORTION OF SAID TRACT 9 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT OF INTERSECTION OF THE WEST UNE OF THE EAST 112.00 FEET OF SAID TRACT 9 AND THE SOUTH UNE OF THE NORTH 30.00 FEET OF SAID TRACT 9; THENCE SOUTH 00'08910" WEST, ALONG SAID WEST UNE, A DISTANCE OF 10.00 FEET; THENCE NORTH 44'52?32? EAST, A DISTANCE OF 14.14 FEET; THENCE SOUTH 89'53'14" EAST, A DISTANCE OF 27.78 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. ALL SAID LANDS LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0.30 ACRES, MORE OR LESS SAID PARCEL OF LAND LYING WITHIN THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1607, PAGE 350, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST UNE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER 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 R BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 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 PERRY C. WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROFESSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE NO. 4213, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT DATE: 1/15/07 REV 7/11/08 BEJ ABSTRACTED EASEMENTS OFORECORD.ICTIONS, RIGHTS-OF-WAY AND to I ARCADIS U.S., Inc. 2081 VMM PwKwy Tel: (561)607-7008 Fat (561) 697.7751 Wed Priv Beach, FMMa 33611 wmAciIdW4 a.mn 'cW PCW 1' - 80' pCW TEEr TIRE DATE: DRAWN BY 1/15/07 BEJ ADDITIONAL R/W PROJECT NUMBER DRAWING Nuutux SNEEr 1 of 2 WP00105 11053SD108 COMPOSITE EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! S89'53'14"E m / 27.78' P.O.B. o� — yAsr. sr 0109 w 0 1 `r2��7r• J �� o a o W DETAIL "A" NOT TO SCALE 60' SUB—LATERAL "A-8" CANAL rNDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.LC.R. 49th STREET LINE aT 9 -STA: 284+98.50 OFFSET: 93,00 L STA: 284+88.50 OFFSET: 83.00 DET "A" N g ad W a A PORTION OF TRACT 9 z ^THIS SHEET A P.B. 2, PG, 25, S.LC.R, 0 112' ^' 000 i 4875 66th AVENUE ADDRIONAL VERO BEACH, FL., 32967 m R/W PID -32391900001009000001.n — z 108 _ m STA: 283+80.50 N8905314 LEGEND: OFFSET: 83.00 L 112.00 D.B. - DEED BOOK c P.O.C. - POINT OF COMMENCEMENT 30.00' ROAD R/W mW P.O.B. - POINT OF BEGINNING AS DETERMINED BY o U P.B. - PLAT BOOK INDIAN RIVER COUNTY + n Lu PG. - PAGE STA: 283+80.55 I Z PID - PROPERTY INDENTIFICATION NUMBER OFFSET: 29.00 R I !yPOT - POINT OF TANGENCY rn Z < Q S.LC.R. - ST. LUCIE COUNTY RECORDS _z STA - STATION 0— PINE m 3I 0— UNKNOWN a 3 DO 50' R/W PER STATE OF FLORIDA --1 STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE ARCADISARCAINS U.S., Inc. 2081 Vists Pwkwy Tot (561) W-7000 F= (561) 697-775' 0 W89 Pah Bach, Fblk 33411 = 800 ADDITIONAL R/W PROJECT NUMB sNEET 2 OF 2 WPOO1053 13 0 53rd STREET 18 17 n N.E. CORNER OF 0Nc a 20 O SECTION 19-32-39 Z M_ U —J ^ 0 � moo a4w gra Z N nZm a wz -STA: 284+98.50 OFFSET: 93,00 L STA: 284+88.50 OFFSET: 83.00 DET "A" N g ad W a A PORTION OF TRACT 9 z ^THIS SHEET A P.B. 2, PG, 25, S.LC.R, 0 112' ^' 000 i 4875 66th AVENUE ADDRIONAL VERO BEACH, FL., 32967 m R/W PID -32391900001009000001.n — z 108 _ m STA: 283+80.50 N8905314 LEGEND: OFFSET: 83.00 L 112.00 D.B. - DEED BOOK c P.O.C. - POINT OF COMMENCEMENT 30.00' ROAD R/W mW P.O.B. - POINT OF BEGINNING AS DETERMINED BY o U P.B. - PLAT BOOK INDIAN RIVER COUNTY + n Lu PG. - PAGE STA: 283+80.55 I Z PID - PROPERTY INDENTIFICATION NUMBER OFFSET: 29.00 R I !yPOT - POINT OF TANGENCY rn Z < Q S.LC.R. - ST. LUCIE COUNTY RECORDS _z STA - STATION 0— PINE m 3I 0— UNKNOWN a 3 DO 50' R/W PER STATE OF FLORIDA --1 STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE ARCADISARCAINS U.S., Inc. 2081 Vists Pwkwy Tot (561) W-7000 F= (561) 697-775' 0 W89 Pah Bach, Fblk 33411 = 800 ADDITIONAL R/W PROJECT NUMB sNEET 2 OF 2 WPOO1053 13 1053SD108 0 0 5 a �o U � � N a4w gra Z N nZm a 1053SD108