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HomeMy WebLinkAbout2009-025RESOLUTION 2009- 025 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"" 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 60h 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 107C and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66" 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 0' and the motion was seconded by Commissioner. Elesrher 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 2 The Chairman thereupon declared the resolution duly passed and adopted this 17th day of March, 2009. rr,E4h .. Attest: J. K. Barton, Clerk INDIAN RIVERMM4Y, FLORIDA,'re , 1 \ By its Board of County Coihmissioners " By CCS ems_ A� �-rf y% /.•� `,; Deputy Clerk P t3 es ey avis, Cita tt{�tSn , \, r 0� BCC Approved: F�tae March 17, 2009 Approved as to form and legal Sufficiency � UO William K. DeBraal Deputy County Attorney 3 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE 13 vqd, . t� is y N.Relief Canal OWNER: Jt. MARY CHARLENE B. BROWN PARCEL 32391900001008000002.0 ot.20 ¢ 21 24S--..._.... . .............. LEGAL DESCRIPTION: PARCEL 107C BEING THAT PORTION OF THE EAST 112.00 FEET LESS THE SOUTH 80.00 FEET AND THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF TRACT 8, 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, LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF SAID TRACT 8 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 112.00 FEET AND THE NORTH UNE OF THE SOUTH 30.00 OF SAID TRACT 8; THENCE NORTH 00'08110' EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 89.53'14" EAST, ALONG A UNE 80.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE SOUTH UNE OF SAID TRACT 8, A DISTANCE OF 122.00 FEET; THENCE NORTH 45'07328' EAST, A DISTANCE OF 56.58 FEET; THENCE SOUTH 00'08910" WEST, ALONG SAID WEST LINE OF THE EAST 112.00 FEET OF TRACT 8, A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3.53 ACRES, MORE OR LESS SAID PARCEL OF LAND LYING WITHIN THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1035, PAGE 2238, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. TRACT 8 IS ENCUMBERED BY A TIFF RESERVATION RECORDED IN DEED BOOK 35, PAGE 443, PARTIALLY RELEASED IN OFFICIAL RECORDS BOOK 190, PAGE 434, 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, WHICH IS ASSUMED TO BEAR NORTH 00'08910" EAST. 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 k 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 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 WAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION fTE PR ONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0. 4213, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND DATE 12/9/08 EASEMENTS OF RECORD. Slimt TME Em DD O COMPOSITE EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: 531d STREET 1e n D.B. - DEED BOOK N.E. CORNER OF 19 .20 P.O.C. - POINT OF COMMENCEMENT SECTION 19-32-39 P.O.B. - POINT OF BEGINNING P.B. - PLAT BOOK PG. - PAGE POT - POINT OF TANGENCY S.LC.R. - ST. LUCIE COUNTY RECORDS co z m STA - STATION o J T - TOTAL zz z w F TIIF - TRUSTEES OF THE INTERNAL IMPROVEMENT FUND w 30' ROAD R/W AS DETERMINED BY INDIAN RIVER COUNTY oro D.B. 481 PG. 23 I o ZZ`4 v' tndK TRACT 1, SECTION 19 F c i 1078 $ 5 Q P.B. 2, PG. 2511 S.LC.R. a o !' o �+ STA: 298+53.2 OFFSET: 83.00'L 2 �; �za STA: 298+53.35 112' i I- I OFFSET: 29.00'R I o I + i L` � m+ 29 � � oz N � CL 'A PORTION OF TRACT 8 I 1 I P.B. 2, PG. 25, S.L.C.R. 20" 15145 66th AVENUE La I VERO BEACH, FL., 32967 z 30'i Ho I PARCEL ID — oa+ o< z 32391900001008000002.0 + n Z 50' R/W PER STATE Of FLORIDA c%d STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP Z SECTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE _ MATCH IJNE _W, = SEEHEFT ol OF 4 FR&W UVOGER orPVOlex awWcrx scue aEa¢O er MARCADIS �" 9�ry BEA 8 ARCADIS ©&M, INC. m ADDIDONAL R/W PROW NUMBER DRAN c NUMBER y 2001VkbPwkry Ta:lse1l(IBr-1000FMMBIlrora761 WP001053 1053SD107 p WsdFftB$0,FWAA3 Ni . ..am..mn smEEr 2 OF 4 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! MATCH LINE 'A' — SEE SHEET 2 OF 4 I I Al2 o' --so' A PORTION OF TRACT 8P.B. 2, PG. 25, S.LC.R.5145 66th AVENUE aN. `S VERO BEACH, FL, 32967 o o 301 PARCEL ID - +� I ,� co i 32391900001008000002.0 N N ! I N +of of can j11200' 107 z I a ADDff W R/W I Y.I o I I z Q ! co F W C I N I Z IS W I n L rn Fn i o Qi I oM m I o 1 I $oac i N �i I I Jrn I i � LEGEND: 112 I N SEE SHEET 2 OF 4 ! i--60' ! 30' ROAD R/W AS DETERMINED BY INDIAN RIVER COUNTY N D.B. 48, PG, 23 112' I I MATCH LINE 'B' — SEE SHEET 4 OF 4 4 PRO= wwncm HEWflIIFI f drt�m suxe: Cm= er MARCADIS ' �" '• 9 0 B $_ 0 91EEr m¢ ° - Buff 31 " ADDMORAL R/W ma1ECr ruMBM mwm Wimm 8 ARCADIS �&M, INC. 9 p 2ae1YYePehaery Fme(58QW."st WPOO1053 1053SD107 QQ wed Painertll.Flnlm99N1 arar.ena9siamm sHm7 3 m' 4 SKETCH TO ACCOMPANY DESCRIPTION, THIS IS NOT A SURVEY! QWNER9 MARY CHARLENE 8 BROWN PARCEL MATCH LINE 18' 32391900001008000002.0 SEE SHEET 3 OF 4 BY LEGEND. COUNTY 1 1001 TIIF 0 9' SEE SHEET 2 OF 4 I RESERVATION z oo, N 08�---�--5�' u.er. 4a, ru. 23 D.B. 35, PG. 443 i§ � i 3 � 1 PARTIALLY RELEASED I O..R.B. 190, PG. 434 I i i NI o I � M A PORTION OF TRACT 8LoI 8 I Io m o P.B. 2 PG. 25, S.L.C.R. � I a5145 66th AVENUE i 80' 1 Iz. FL, 32967 1 Z. BEACH, fu o FPARCEL ID - �I 07C ma 1 32391900001008000002.0 m i a I 11200' i o? F6 Ci I/ADDMONAL R/W 2 i m i I ti z a ea fnJ � cv p �� I�z sz m vi 1 WEST UNE OF vi 1 THE EAST 112.00' km b I ? a Sm STA: 286+48.50 G a I OFFSET: 83.001E co I Z N45007'28'E o o z " N I 56.58pp ' Cal' ' cc z a I S89'53' 141E Z N I I M 40.00' re S o STA: 286+08.44 1STA: 286+08.4 OFFSET: 123.0r9 d�0OFFSET: 245.00E 001 14S853�3n ; w oNOO'08'10"E I id o 00'08 10 E �a 50.00' I N 507+00 502+00 0 503+OD 107 0.00'504+0 505+00N `1 I STA: 285+58.44 I S8753'14 E 218000 o w OFFSET: 245.001E _ n EASEMENT STA: 0.D.B . 23 OFFSET. 29.05' R $ � � I II OUTH LINE OF NORTH LINE OF TRACT 8 THE SOUTH 30.00' N PRO= wom pcw ARCADiS` s By a SHEEP 71ILE 0 pm 2%9/08 E,1 WAN En ARCADIS Q&M, INC. m ADDMONAL R/w FRMCr NAM DRWW NUMBER Mel%ft pah" Tr:(0)1177.700D Fm(Wl)BW-1751 WP001053 1053SD107 O ftMP§hBrri,FW&33N1 w Atm w sna 4 of 4