HomeMy WebLinkAbout2009-067RESOLUTION 2009- 067
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°i Avenue.
WHEREAS the Indian River County Long Range Transportation Plan includes the
planned construction of 66°i 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 134 and more particularly described in Composite Exhibit "A" for the improvement and
the reconstruction of 66`x' 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.
1
RESOLUTION 2009- 067
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°i 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
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
AYE
AYE
AYE
AYE
ABSEM
The Chairman thereupon declared the resolution duly passed and adopted this 12th day
of May, 2009.
2
and,
RESOLUTION 2009- 067
Attest: J. K. Barton, Clerk
By &w. lam' -C -e
Deputy Clerk
Approved as to form and legal Sufficiency
A", 4V
William K. DeBraal
Deputy County Attorney
INDIAN RIVER COUNTY. FLORIDA
By its B and of County Commissioners
By CJ
Wesley S. Davis, Ch6rman
BCC Approved:
12, 2009
SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
LOCATION MAP: NOT TO SCALE
113
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124 C I
LEGAL DESCRIPTION: PARCEL 134
COMPOSITE EXHIBIT "A"
OWNERS:
EVANGELOS ABAZIS AND ANN ABAZIS
A PARCEL OF LAND BEING THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THE EAST 10 ACRES OF TRACT 7,
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 18, TOWNSHIP 32
SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 0.381 ACRES, MORE OR LESS.
SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 972, PAGE 2773,
PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA.
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
INFORMATION URPOSES 0 Y AND IS NOT VALID.
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
J THERE HAS BEEN NO FIELD WORK, VIEWING OF THE
C HITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
PROFES IONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN
LICENSE NO. 4213, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND
DATE: 03/26/07 EASEMENTS OF RECORD,
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ARCADIS N
ARCADISU.S., INC N
2081 Vida Parkway Tel: (561) 6977006 Fax: (661) 6977751
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SHEET TRE
ADDITIONAL R/W
SHEET I OF 2
DATE
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DRAWN BY
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PROJECT NUMBER
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DRAWING NUMBER
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SKETCH TO ACCOMPANY DESCRIPTION,
THIS IS NOT A SURVEY!
LEGEND:
1$ - 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
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ADDRESS: 57th STREET
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PID -32391800001007000003.0
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OWNERS:
EVANGELOS ABAZIS AND ANN ABAZIS
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STA: 489+65.61
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331.43 M
— — — —
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4 OF SURVEY
SHEET 2 OF 2
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OFFSET: 14.00 R
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P.B. 2,
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SOUTH LINE OF
STA: 489+66.69
TRACT 7
OFFSET: 14.00 R
OWNERS:
EVANGELOS ABAZIS AND ANN ABAZIS
PROJECT MANAGER
DEPARTMENT MAN.M
SCALE:
CHECKED BY
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PCW
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PCW
MARCADIS
a
SHEET TIRE
DATE
DRAWN BY
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03/26/07
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ADDITIONAL R/W
PROJECT NUMBER
DRAWING NUMBER
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g 2081 wt,P'ft'y Tel: (561) 697-7000 Fax: (561)697-7751
WPOO1053
10538D134
West Palm Beach, Florida 33411 w .srcadis-uus.com
SHEET 2 OF 2