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Home My WebLink About2009-172RESOLUTION 2009- 172 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 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 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 142 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 Comity, 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, RESOLUTION 2009- 172 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 5. This resolution shall take effect immediately upon its adoption. This resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Commissioner Wesley S. Davis Ave Commissioner Joseph E. Flescher Ave Commissioner Peter D. O'Bryan Ave Commissioner Bob Solari Ave Commissioner Gary C. Wheeler AYe The Chairman thereupon declared the resolution duly passed and adopted this 17th day of November, 2009. 2 RESOLUTION 2009- 172 Attest: J. K. Barton, Clerk ../��=/ � • _ Approved as to form and legal Sufficiency William K. DeBr al Deputy County Attorney , INDIAN RIVER COUNT, : F",ORIDA By its Board of County'Commissionkfs By::p Peter D. 0' Bryd'n `„C airman BCC Approved: November 17, 2009 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE 11-1 — aI n 16 ,13 UI 59th St. o; I'I N_ 16 �• Relief Canal P 7 + > 49thi m^t, 20 a 21 24 COI 19 ; 00 +.::•::: :•:: Y 3 45th St.;;;.,i;::;t::;: ::•.:::::::•:: Composite Exhibit "A" page 1 of 2 OWNER: LINDA B. ELL LEGAL DESCRIPTION: PARCEL 142 A PARCEL OF LAND BEING THE NORTH 30.00 FEET OF THE SOUTH 60.00 FEET OF THE SOUTH 5.00 ACRES OF THE EAST 10.00 ACRES OF THE EAST 20.18 ACRES OF TRACT 7PLAT , INDIAN RIVER FARMS CO. PLAT OF LAN, ACCRDING TO SA NDTS LUCIEOCO COUNTY, FLORIDA, ALLSAID PLAT EOLANDS LYING WITHIN F, AS RECORDED NSECTION O19K TOWNSHIP 32 SOUTH, RANGE RECORDS,O2, PAGE 25, PUBLIC 9 EAST, INDIAN RIVER COUNTY, FLORIDA CONTAINING 0.227 ACRES, MORE OR LESS, SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1747, PAGE 144, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WTfH THE SURVEYING sTARDS, CHAPTER 61617-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIOURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND ISTRUE AND CORK T TO THFE�T OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL uOF A LI ANDES NOT VEYO AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR PROFES�(ON LAND SURVEYOR AND MAPPER LICENSE i . 4190, STATE OF FLORIDA DATE: 03/29/07 REV: 06/16/09 BEJ ARCADIS U.S., INC.een 2081 Parkway Tel: (561) SV -7000 F=(561)697.7751 !1 Wall Peen 60a'lL FIaIE933di1 wwx.aradl�a.00m 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 OFINFORMATION HEREON.ENOTE:ARATION LANDS SHOWNEHEREON WERE NOTWN ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. = 50' i PCN ADDITIONAL R/W Pmutcl 7053 WP001 91EEf 1 OF 2 SKETCH TO ACCOMPANY DESCRIPTION THIS IS NOT A SURVEY! LEGEND: @ - BASELINE IRFC - INDIAN RIVER 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.L.C.R. - ST. LUCIE COUNTY RECORDS 30' ROAD I EASEMENT— r- P.B. 1IL 5, PG. 96 �I nz LOT 1 CANADY GROVES I 0 2 01.2 P.B. 15, PG. 96_ '4e I Composite Exhibit "A" TRACT 7 P.B. 2, PG. 25, S.L.C.R. ADDRESS: 6816 49TH STREET VERO BEACH, FL., 32967 PID -32391900001007000002.1 O.R.B. 1747, PG. 144 30' ROAD EASEMENT +O.R.B. 1282, PG. 2847 I, -aca � Iia I• ¢ OF SURV -.-- _-/Il — STA: 689+53.13 OFFSET: 16.00' L U N0709 048"E 30.00' a O Dp M Q STA: 689+53.11/ SOUTH LINE OFFSET: 14.00' R TRACT 7 OwE• LINDA B. ELL AD page 2 of 2 I I I TRACT 8 P.B. 2, PG. 25, S.L.C.R. I I .1 --30' D.E. z PARCEL 2 "ROUX" AFFIDIVIT OF EXEMPTION O.R.B. 1632, PG. 2161 STA: 692+82.02 OFFSET: 16.00' L uj I zi S00.09'461W ; o 30.00' I L 141 v o m —�1 LINDSEY r ROAD/ 49th STREETI I N89053'1 4'§?I 328.89' ARCADIS U.S., INC. ech,eTd: (561) W-7000 Fax (561) X1.1751 Weal Paan BBe 2081 V"Ia M, FI"Ma 73411 w .arcadt;-us.a STA: 692+82 OFFSET: 14.00' R 01 30' SUB -LATERAL "A-8" CANAL INDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.L.C.R. ADDITIONAL R/W FROJLGI RUM= WP001053 1 91EEE 2 OF 2