HomeMy WebLinkAbout2009-021RESOLUTION 2009- 021
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 66`h Avenue.
WHEREAS the Indian River County Long Range Transportation Plan includes the
planned construction of 66t' 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 110 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 66th 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
K
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
By k �-2 �^ �\Cs e
Deputy Clerk
JA:ppr,oed as to formle 1 u ficiency
J
William K. DeBraal
Deputy County Attorney
INDIAN RIVER
CtOUN,�TY
jI,40RrIuD
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ByitsBo dofCountycbmnii6hers
CB Dahairian
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BCC Approved i
March 17, 2009
SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
LOCATION MAP: NOT T SCALE
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> Relief eCanal OWNERS:
0� Pj I WILLIAM H. &
RUTH M. STANBRIDYE
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LEGAL DESCRIPTION: PARCEL 110
A PORTION OF LAND BEING THE EAST 112.00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL
RECORDS BOOK 264, PAGE 106, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING
WITHIN 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,
ALL SAID LANDS LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA.
CONTAINING 18,480 SQUARE FEET OR 0.42 ACRES, MORE OR LESS
ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE
39 EAST, PALM BEACH COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00008'10" 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 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.
PROFESSIONAL LAND SURVEYOR AND MAPPER
LICE E NO. 4213, STATE OF FLORIDA
DATE: 1/15/07
ARCADIS
g ARCADIS U.S., Inc.
2081 Vista Parkway Tel: (561)697-7000 Fax (561) 6977751
7 West Palm Beach, Florida 33411 www.arcadisus,com
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
SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
WITH THE PREPARATION OF THE INFORMATION SHOWN
HEREON. NOTE: LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND
EASEMENTS OF RECORD.
= 80• 1 PCW
ADDITIONAL R/W -PROJECT NUMBER DRAWING NUMBER
SHEET 1 OF 2 wP001053 1053SD110
COMPOSITE EXHIBIT "A"
SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
0
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11
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STA: 282+18.59
OFFSET: 83.00 C
53rd STREET N.E. CORNER OF 18 17
SECTION 19-32-39 19 20
STA: 282+18.64
OFFSET: 29.00 R o
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112,00'. I Z
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1 112' ADDITIONAL R/W ^ ^
1 A PORTION OF TRACT 9
B. 2, PG, 25, S.LC.R, `Wo 110
4835 66th AVENUE o N ^ o
VERO BEACH, FL., 32967 a + w o 5
PID-32391900001009000003.0Zj N 0 '00
30.00' ROAD R/W Z o3j En o
AS DETERMINED BY -
- — — — —INDIAN RIVER COUNTY-
STA: 280+53.59 N89053'1 3"W
OFFSET: 83.00 L 112,00'
o I L) 01
LEGEND: STA: 280+53.64 0
D.B. - DEED BOOK ao ¢ a
P.O.C. -POINT OF COMMENCEMENT OFFSET: 29.00 R en w
P.O.B. - POINT OF BEGINNING 0 w = I a
P.B. - PLAT BOOK z z¢ V 5 z
PG. - PAGE a 3 l o o m
PID - PROPERTY INDENTIFICATION NUMBER W " ? a
POT - POINT OF TANGENCY 3 2
S.L.C.R. - ST. LUCIE COUNTY RECORDS w
STA - STATION 3 0 ¢
50' R/W PER STATE OF FLORIDA m
STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP
SECTION NO. 88530, ROAD NO. 505
COUNTY ROAD 615, 66th AVENUE
PROJECT MPNAGER DEPARTMENT MANAGER SCALE: CHECKED BY
ARCADIS PCW : BO' PCW
N SHEET TIRE DATE: DRAWN By
1/15/07 BE
ARCADIS U.S., Inc. m ADDITIONAL R/W PROJECT NUMBER DRAWNG NUMBER
EE 2081 Vista Parkway Tel: (561) 697-7000 Fax :(561)697-7751 WPOO1053 1053SD110
QWest Palm Beach, Flonda 33411 www arcadis-us com SHEET 2 OF 2