HomeMy WebLinkAbout2009-069RESOLUTION 2009- 069
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`x' 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 122 and more particularly described in Composite Exhibit "A" for the improvement and
the reconstruction of 66t" 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- 069
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'
and the motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Chairman Wesley S. Davis AYE
Vice Chairman Joseph E. Flescher AYE
Commissioner Peter D. O'Bryan AYE A
Commissioner Bob Solari AYE
Commissioner Gary C. Wheeler
The Chairman thereupon declared the resolution duly passed and adopted this 12th day
of May, 2009.
2
and,
RESOLUTION 2009- 069
Attest: J. K. Barton, Clerk
By _ C4�t� C211
Deputy Clerk
Approved as to form and legal Sufficiency
j , ( 40 U. —
-
William K. DeBraal
Deputy County Attorney
INDIAN RIVER COUNTY. FLORIDA
By its B and of County Commissioners
Y
esley . Davis, Chairman
BCC Approved:
PI'
SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
LOCATION MAP: NOT TO SCALE
COMPOSITE EXHIBIT "A"
OWNERS:
MATTHEW STANLEY JR. & HILDA C. HARBOURT
LEGAL DESCRIPTION: PARCEL 122
NDIANCEL RIVERFFARMS LAND COIN PLATE OF LANDS, ACCORDING TO THE PLAT THEREOF�T 104.00 FEET LU S THE NORTH 30.00 FASR CORDED EET OF TRACT N
PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA,
TOGETHER WITH:
THAT PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE
INTERSECTION OF THE WEST LINE OF THE EAST 104.00 FEET OF SAID TRACT 1 AND THE SOUTH
LINE OF THE NORTH 30.00 FEET OF SAID TRACT 1; THENCE SOUTH 00'25'12" WEST, ALONG SAID
WEST. LINE OF THE EAST 104.00 FEET OF TRACT 1, A DISTANCE OF 10.08 FEET; THENCE NORTH
OF' 14.615 FEET; SOUTH4L9INE EST,OF A NORTH C30,00 FEET OF TRACTDISTANE 1. HENA DIS�AN E OFUTH 0 64 F� TO LO EGP01NT
OF BEGINNING.
ALL LYING WITHIN SECTION 31, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA.
CONTAINING 3.08 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
BEARINGS
SHOWN HEREON BEING ARE BASEL) NORTH
HREINE OF THERETO.
1 BEARING SOUTH 89'34'33" EAST WITH ALL
OTHER BEARING
CERTIFICATION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN
FACCORDANCE ORTH BY THE IFLOR DA BOARD�OF PROFESSIONALHAPTER SURVEYORSt7-6 & MAPPERS,A URSINISTUAN T TO SECTION
AS SET
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 KETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
PROFES ONAL�LAND SURVEYOR AND MAPPER
LICENSE N0, 4213, STATE OF FLORIDA
DATE: 04/23/08
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
HJECT PROPERTY,
PRE PREPARATION ROF THE INFORMATION SHOWN MONUMENTS SET IN TION
WITH
TTHE
HEREON. NOTE: LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RESTRICTIONS, RIGHTS -OF --WAY AND
EASEMENTS OF RECORD.
DJECT NFNAGER DEPPRTSIENT MANAGER SC
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OWNER:
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