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HomeMy WebLinkAbout2013-017RESOLUTION 2013- 017 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 the population growth of 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 to 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�' Avenue: WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66�' Avenue as a major north/south arterial roadway. WHEREAS the Boazd 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 Pazcel 163 and .more particularly described in Exhibit "A" for the improvement and the reconstruction of 66�' Avenue; and WHEREAS the Boazd 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 a temporary construction easement in the real property identified as and more particulazly described in Exhibit "B" for the improvement and the reconstruction of 66�' Avenue; and WHEREAS the Boazd 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 RESOLUTION 2013= 017 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 Exhibits "A" and `B", 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 Exhibits "A" and `B, in the estate or interest nterest 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 o'Bryan , and the motion was seconded by Commissioner Davis an upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc 2 d, RESOLUTION 2013- Olt The Chairman thereupon declared the resolution duly passed and adopted this 5th day of March, 2013. Attest: Jeffrey R. Smith, Clerk of the Court and Comptroller Vis,$%DOI Us V��i ��xxu a" FI goo Approved as to form and legal Sufficiency Deputy County Attorney 3 INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners � ° Jos ph �. Flescher, Chairman a a a Qui ,.SCC Approved: March 51 2013 8 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE -- - - 113 c' 57th ; t �� is 14 619 -J. t8 a ie_ Cana 15% I 53rd 5t. � p 23 ; C ; 49th St. 21 22� 24 ` : :• ti:iii::tici:iF Sit Mart kk :i�ngvERO : MCI (45tF� . DEUMITED ARE 2s of , zs 141t tS.Gifforr Rd. s� 27 30 29 28 Barber Av p - LEGAL DESCRIPTION: PARCEL 163 EXHIBIT " A" OWNER: L A. HOBBS, JR. EAR A PARCEL OF LANG BEING THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THAT'PARCEL OF LAND DESCRIBED IN OFFlCIAL RECORDS BOOK 844, PAGE 2560 OF THE PUBLIC RECORDS OF INDIAN r% Em COUNTY, FLORIDA, LYING WITHIN TRACT 5, INDIAN RIVER FARMS COMPANY 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 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 1.467 ACRES, MORE OR LESS, CERIIFlCATION: 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. WILBUR F. DNINE PROFESSIONAL LAND SURVEYOR AND MAPPER LICENSE N0. 41909 STATE OF FLORIDA DATE: 9/26/07 12/10/09 ARCADIS REV:MOB 0411 wmzco*Kxmm NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE tVAS 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. --�-. I Pcw .__-- ----- I i` a too' SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: SEE SHEET 3 OF 3 b CSO W C M SECTION 20-32-I TRACT 5 P.B. 2, PG. 259 S.L.C.R. M OWNER: EARL A HOBBS, JR. ADDRESS: 6420 49TH STREET VERO BEACH, FL., 32966 PID — 32392000001005000001.0 O.R.B. 844, PG. 2560 iWEST LINE OF TRACT 5 + Will N00'08'10"E E /50.00' STA: 706+60.23 /010FFSEr: 36.00 L 9N89'48'46"E a I 1278.23' 707+00 708+00 709+00 710+OO�i 1® 711+00 712+00 � .S89'48'46"W 1278.21'(T) • 49th STREET ww M • �SOUTH LINE OF TRACT 5 ZZ e SOUTH LINE OF SECTION 20 32-39 • Q N89.4846"E 60' SUB—LATERAL "A-8" CANAL (BEARING BASE) INDIAN RIVER FARMS CO. PLAT OF LANDS I P.B. 2, PG. 25, S.L.C.R. g STA: 706+59.95 OFFSET: 14.00 R litffI /_x_11 1Wilt IkI 71:1 ARCADIS IINCm , Fac el via Polaw o33411 WWWACOWNSACM SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: � -BASELINE IRFC -INDIAN RNER FARMS COMPANY L -LEFT O.R.B. -OFFICIAL RECORDS BOOK P.B. -PLAT BOOK PG. -PAGE R -RIGHT R/W -RIGHT-OF-WAY STA. -STATION S.LC.R. - ST. LUCIE COUNTY RECORDS M O N W �: SECTION 20-32-39 0 0 TRACT 5 P.B. 2, PG. 25, . S.L.C.R: TRACT 6 P.B. 2, PG: S.L.C.R. OWNER: EARL A. HOBBS, JR. ADDRESS: 6420 49TH STREET EAST LINE OF� VERO BEACH, FL., 32966 TRACT 5 PID - 32392000001005000001.0 � O.R.6. 844, PG. 2560 c J � 4Z + � c S00'09'29"W a � 50.00' � O STA: 719+38.62 N89'48'46"E 1278.23'(T) a "' OFFSET: 50.00 L 714+00 715+00 © I ___ 716+00 � 717+00 718+00 7191+00 ��- ,S89'48'46"W 1278.21'(T) � 49th. STREET .�_ SOUTH LINE OF TRACT 5 SOUTH LINE OF SECTION 20-32-39 N89'48�46°E 60� SUB—LATERAL „A-8" CANAL (BEARING BASE) INDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.L.C.R. i ! , � ' - rt_ ,,; ��� o STA: 719+38. OFFSET: 0.00 720+00 acw -�-----�--- i -� — - _ I �, _ goo' I Pcw ADDmONAI R/W �� �� �'MA'� ��� sem' 3 � 3 WP001053 �O53SD1s3 Consisting of a 7 foot wide parcel (north/south) that is 400 feet in length (east/west) and located adjacent to the northwest portion of the part taken, Parcel 163; beginning adjacent to the northwest portion of the proposed part taken and also includes an adjacent 15 foot by 30 foot parcel adjacent to the northwest 7 foot by 400 foot parcel, consisting of 3,250 square feet or 0.0746 acres. EXHIBIT "B" Consisting of a 7 foot wide parcel (north/south) that is 400 feet in length (east/west) and located adjacent to the northwest portion of the part taken, Parcel 163; beginning adjacent to the northwest portion of the proposed part taken and also includes an adjacent 15 foot by 30 foot parcel adjacent to the northwest 7 foot by 400 foot parcel, consisting of 3,250 square feet or 0.0746 acres. N N N N N a Ow Qr Q� 0 1--f1 I I I i 0 G Ci �s 0 1--f1 I I I i 0 G