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HomeMy WebLinkAbout2009-026RESOLUTION 2009- 026 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 66h 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 107 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: 1 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' Bryan and the motion was seconded by Commissioner Flescher and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis AYE Vice Chairman Joseph E. Flescher AYF 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. Attest: J. K. Barton, Clerk Deputy Clerk Approved as to form and legal fficienc �V.G 1 illiam K. DeBraal Deputy County Attorney ,;iutr'r,•r '-cohl °r. INDIAN RIVER CCTNTY LbRI 1 F By its Bo rd of Cow, ty-torn rtiissioners tr B Wesley S. Dav1s;lChbrrf`uan � BCC Approved: <`•' March 17, 2009 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE U 57th st.17 18 13 N: 1a > Relief Canal m J 53rd a St. — ci � 9th St 20 < 21 rn 24 C 19 ::::: ( 45th S ....... ::'' .-::;•:;� ........ MARY CHARLENE B. BROWN PARCEL 32391900001008000002.0 LEGAL DESCRIPTION: PARCEL 107C BEING THAT PORTION OF THE FAST 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 UNE OF THE EAST 112.00 FEET AND THE NORTH UNE OF THE SOUTH 30.00 OF SAID TRACT 8; THENCE NORTH 00'08'10' 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 45007128" EAST, A DISTANCE OF 56.58 FEET; THENCE SOUTH 00'08910" WEST, ALONG SAID WEST LINE OF THE EAST 112.00 FEET OF TRACT S. 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 LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, WHICH IS ASSUMED TO BEAR NORTH 00'08'10" EAST. 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 do 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 YWITHSUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PERR PROFESSIONAL WHI LAND SURVEYOR AND MAPPER WTHE PREPARATION OF THE INFORMATION SHOWN LICENSE N0. 4213, STATE OF FLORIDA ABSTRACTED NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND DATE 12/9/08 EASEMENTS OF RECORD. ARCADIS i mM> 12AIM IIS ©8M, INC. 5 ADDITIONAL R/W h M�Td:(001)OW-7000 Fmpa110W77b1 1;7 i. FN9.1N1 wwaofflamn 91EET 1 OF 4 _- COMPOSITE EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: D.B. - DEED BOOK P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING P.B. - PIAT BOOK PG. - PAGE POT - POINT OF TANGENCY S.LC.R. - ST. LUCIE COUNTY RECORDS STA - STATION T - TOTAL 711F - TRUSTEES OF THE INTERNAL IMPROVEMENT FUND 53rd STREET IS n N.E. CORNER OF 19 120 SECTION 19-32-39 m M o On op z a. of �-- 30' ROAD R/W AS DETERMINED BY INDIAN RIVER COUNTY D.B. 48, PG. 23 5 Lu wig TRACT 1, SECTION 19 F m a 1078 8 P.B. 2, PG. 25, S.L.C.R. $_ a c' $ Q STA:298+53.25 S8754 Om OFFSET: 83.00'L t 17 nns j I 7- i STA: 298+53.35 112' I OFFSET: 29.00'R r--8 9 i c ! + 29' I z l �} N A PORTION OF TRACT 8 I� ! P.B. 2, PG. 25, S.LC.R. 0' 15145 66th AVENUE � im I N I VERO BEACH, Fl , 32967 C� Lo 1 30'i p I PARCEL ID - n I 32391900001008000002.0 i rj SW R/W PER STATE OF FLORIDA i N STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION N0, 88530, ROAD N0, 505 COUNTY ROAD 615, 66th AVENUE _ TMATCFl�Ibg =A', _ 94 HEET 3 Qr 4 ... _ _ . pma wrucm n sx E 10531053SDID7 ar MARCADIS pciv �%°Iff " ADDmoNAL R/W W"'�' 8 ARCADIS D&M, INC. p mm Tf.16811eWnooFse(56l)W-Ml WPD0 SKETCH TO ACCOMPANY DESCRIPTION, THIS IS NOT A SURVEY! HUTCH LINE 'A' - SEE SHEET 2 OF 4 I 0 A PORTION OF TRACT 8 w ; ! P.B. 2, PG, 25, S.LC.R. 20 1 i 9 5145 66th AVENUE I VERO BEACH, FL, 32967 o i o Sof PARCEL ID - 32391900001008D00002.0~o 5 QI I �15 ') !� Viol chi w ! Lei w IUJI rn. <,°d Ni N I + Co al LLN 11200' I O7 Z' 19r'?a I AMMONAL R/W ; I H oo I O ' + W < ! m Zco • ,pl $mss II I jo �L]a0 I N I I I W LEGEND: I SEE SHEEP 2 OF 4 I �—gp' I 30' ROAD R/W i o I AS DETERMINED BY I + INDIAN RIVER COUNTY D.B. 48, PG. 23 112' I MATCH UNE 'B' - SEE SHEET 4 OF 4 H � I I °( N SHEET TIRE ORTE Ow of MARCADIS MMM ARCADIS G&M, INC. 9 ADDMONAL R/W �T ""� °Rf""� N01eTM 2NtVIM F.Awy hl:(681)gW7000Fa(581)fiWT1Et WPOO1053 1053SD107 IinW SY,1 .w.r a.l.M %HEFT 3 OF 4 SKETCH TO ACCOMPANY DESCRIPTION, THIS IS NOT A SURVEY! SEB: MARY CHARLENE B BROWN PARCEL MATCH UNE 'B' 32391900001008000002.0 SEE SHEET 3 OF 4 7WEN LEGEND: COUNTY ! 100' T9F RESERVATION SEE SHEET um, OF 4 23 I D.B. 35, PG. 443 1 PARTWlY RELEASED 1 O..R.B. 190, PG. 434 ! I A PORTION OF TRACT 8 P.S.2 PG, 25, S.LC.R, 1 5145 6 n 6th AVENUE c i VERO BEACH, FL, 32967 PARCEL ID - rs 1 32391900001008000002.0 a I 11200'-. m ADDRIONAL R/W e<41� WEST UNE OF THE EAST 112.00' k' C4 I STA: 286+48.50 g cd OFFSET. 83.00'L CL 1 N4590 '280E b m I 56.58' z a I S89'53' 14'E ! 40.00' STA: 286+08.44 STA 286+08.49 OFFSET: 245.00'L ( OFFSET. 123.00'L *53'N00'08'10"E 1 S8122,0 ' 50000' N006081107- . STA: 285+58.44/ri �S89053'14"E OFFSET: 245.00'L _ D30; .B EASEMENT ] _ D.B. 48, PG. 23 U LINE OF NORTH LINE OFA TRACT 8 THE SOUTH 30.00' a'I ARCADIS G&M, INC. q =I VW P"k," To I.. F=(661) W-fl61 O YAWPdm Binh. Fbft 33411 w+waud.umm ADDMONAL R/W s1FJ:T 4 of 4 as N I I M \ �1 0 5 18010'E .00' I F OI co I M+00 �? N Rb➢ wPool o53 11053SD1