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Home My WebLink About2009-023RESOLUTION 2009-023 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 1 and other arterial north/south roadways within the transportation network in southern Indian River County by widening and reconstructing 66th Avenue. WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66th 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 107A and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66th 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 Flescher and the motion was seconded by Commissioner Davi s 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 lam and, The Chairman thereupon declared the resolution duly passed and adopted this 17th day Of March 2009 Attest: J. K. Barton, Clerk By - �c�S� Deputy Clerk Approved as to form and legal Sufficiency AVL. 4 N /1Qf 'William K. DeBraal Deputy County Attorney 41 7 INDIAN RIVMCbTJNTi', FLORfDA By its Board of Cbranty Commissioners m Wesley S. Davis, f hirriian BCC Approved: March 17, 2009 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE I1341St.20 .17 18 I mRelief _ Canal jt.OWNERMARY LENE B BROWN > PARCEL 32391900001001000005.0 rna 2124a........... ............... LEGAL DESCRIPTION: PARCEL 107A THAT PARCEL OF LAND BEING THE EAST 112.00 FEET OF THE NORTH 132.00 FEET OF THE SOUTH 264.00 FEET OF TRACT 16 INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29 PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0.34 ACRES, MORE OR LESS. SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 828, PAGE 1442, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. SAID TRACT 1 IS ENCUMBERED BY A TIFF RESERVATION RECORDED IN DEED BOOK 35, PAGE 393, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, WHICH IS ASSUMED TO BEAR NORTH 00'0810' EAST. CERTIFICATION: I HERBY 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 INFORMATI URPOSES ONLY AND IS NOT VALID. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPIC11ON OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PERRY HITE SUBJECT PROPERTY, OR MONUMENTS SEI IN CONNECTION PROFE§SIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0, 4213, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT OB ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND DATE 12/9/08 / EASEMENTS OF RECORD. f R ARCADIS 0 $ SfEr ME E 06 ARCADIS Q&M, INC. ADDITIONAL R/W r ix wee 2021 VA Pskm Tot(SM)NI-700D F=(6611W-7131 WPOO1053 9 NW1Pon owN, Flaw lull r Amsdl sm 1 of 2 COMPOSITE EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION, THIS IS NOT A SURVEY! 3 STATE ROAD D PAR ME RIGHT-OF-WAY MAPER STATE OF P R SECTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE STA: 301+17.35 OFFSET: 29.00'R 11 ZOO' STA: 301+17.25 I OFFSET: 83.00'L\ A PORTION OF TRACT 1 P.B. 2, PG. 25, S.LC.R. z 1 5145 66th AVENUE I VERO BEACH, FL, 32967 PARCEL ID - =m 1 32391900001001000005.0 I -- STA: 299+85.25- 1 OFFSET: 83.007E04 C �� I �$ bn I � STA 299+85.83 OFFSET: 29.00'R 581d STREET_ 18 17 N.E. CORNER OF SECTION 19-32-39 19 YO rn 8 M O 0M w I I g j F W I• � og �bM Z ze I6nl �y Lc i m. s §c. 8m 7 c: `SOUTH LINE OF TRACT I I— LEGEND: D.B. - DEED BOOK I g J P.O.C. - POINT OF COMMENCEMENT w� i o0 P.O.B. - POINT OF BEGINNING 30' ROAD R/W I i a �, 5 i la Pr P.B. - PLAT BOOK PG. -PAGE AS DETERMINED BY o POT - POINT OF TANGENCY INDIAN RIVER COUNTY S.LC.R. - ST. LUCIE COUNTY RECORDS D.B. 48, PG. 23 9' ti STA - STATION 30 I� �"_ I T -TOTAL TIIF - TRUSTEES OF THE INTERNAL IMPROVEMENT FUND MARCADIS7ADDMONAkKv�/OB BEJARCADIS D3MINC. /W pw= IiI.BEa owmicmimo n�°'"`°'�•rTat( )W-70WFSC(se')W-7731 WPOO10531053SD101Z"pWee.M mm33I11 .ffmAud dmo 2