The URL can be used to link to this page

Home My WebLink About2009-066RESOLUTION 2009-066 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 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 401 and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66"' 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. I RESOLUTION 2009- 066 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' BRYM 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 Commissioner Bob Solari AYE Commissioner Gary C. Wheeler ABSENT The Chairman thereupon declared the resolution duly passed and adopted this 12th day of May, 2009. and, RESOLUTION 2009- 066 Attest: J. K. Barton, Clerk By 6L a a_ Deputy Clerk Approved as to form and legal Sufficiency ,§V . - a — William K. De raal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA By it of oui5E eslDavis, BCC Approved: May 12 2009 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE 619 61st Ist. r COMPOSITE EXHIBIT "A" OWNERS: STEVEN WILLIAM ABAZIS WILLIAM GEORGE ABA21S EVAN ACHILLES ABAZIS LEGAL DESCRIPTION: PARCEL 401 A PARCEL OF LAND BEING THE WEST 202.85 FEET OF THE EAST 328.85 FEET OF THE NORTH 476.54 FEET OF THE SOUTH 556.12 FEET OF TRACT 8, 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, LESS AND EXCEPT; THAT PORTION OF SAID TRACT 8, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WEST LINE OF OF THE SOUTH 80.00 FEET OF SAID THE EAST 126.00 FEET AND THE NORTH LINE TRACT DISTANCE OF 40.00 FEET; THENCE NORTH 8; THENCE NORTH 45'35'42" EAST, 89'01'19" WEST, ALONG SAID NORTH LINE, A A 00'12'25° WEST, ALONG SAID WEST LINE, _ DISTANCE OF 56.18 FEET; 40.00 THENCE SOUTH FEET TO THE POINT OF BEGINNING. l TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN - 53r•�_� WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE •NO 4213. STATE ;OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT DATE 8/,.2%07 . ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. Im , . N PCW SHEET TITLE DATE: DRAWN BY II '. 8/2/07 BEJ J DRAINAGE POND PROJECT NUMBER DRAWING NUMBER 24 OC r SHEET 1 OF 2 WPOO1053 1053SD401I 4. i .45.. COMPOSITE EXHIBIT "A" OWNERS: STEVEN WILLIAM ABAZIS WILLIAM GEORGE ABA21S EVAN ACHILLES ABAZIS LEGAL DESCRIPTION: PARCEL 401 A PARCEL OF LAND BEING THE WEST 202.85 FEET OF THE EAST 328.85 FEET OF THE NORTH 476.54 FEET OF THE SOUTH 556.12 FEET OF TRACT 8, 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, LESS AND EXCEPT; THAT PORTION OF SAID TRACT 8, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WEST LINE OF OF THE SOUTH 80.00 FEET OF SAID THE EAST 126.00 FEET AND THE NORTH LINE TRACT DISTANCE OF 40.00 FEET; THENCE NORTH 8; THENCE NORTH 45'35'42" EAST, 89'01'19" WEST, ALONG SAID NORTH LINE, A A 00'12'25° WEST, ALONG SAID WEST LINE, A DISTANCE OF DISTANCE OF 56.18 FEET; 40.00 THENCE SOUTH FEET TO THE POINT OF BEGINNING. ALL SAID LANDS LYING WITHIN SECTION 18, FLORIDA. TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, CONTAINING 2.201 ACRES, MORE OR LESS. SAID PARCEL OF LAND LYING WITHIN THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1052, PAGE 2038, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. CER7IFICA*10N: HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS„ CHAPTER 61G17-6, BOARD QF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA TO AND CORRECT TO THE; BEST OF MY KNOWLEDGE AND SECTION 472.027, FLORIDA STATUTES, AND IS TRUE BELIEF. UNLESS IT RAISED. SEAL OF A FLORIDA LICENSED SURVEYOR AND INFORMAT�PURPOSES.ONLY, BEARS THE SIGNATURE AND THE ORIGINAL MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR AND IS NOT VALID. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN fRRY WHITE , NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION Si LAND;,SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE •NO 4213. STATE ;OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT DATE 8/,.2%07 . ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. ' �qy PROJECT MANAGER OEPARTAIENi MANAGER SCALE: -CHECKED BY PC'W I' = 80' � C I YYYY��, §1 N PCW SHEET TITLE DATE: DRAWN BY .. :z ._A R, i o Ap'•. U.S., INC. l$ '. 8/2/07 BEJ J DRAINAGE POND PROJECT NUMBER DRAWING NUMBER 2987-Ysla Padnvayy' Tel; (561) 6974000 Fax: (56j) 697.7751 OO WestPalm Beach,Flodda33411 WWW.amadisus.com r SHEET 1 OF 2 WPOO1053 1053SD401I SKETCH TO ACCOMPANY DESCRIPTION. LEGEND: THIS IS NOT A SURVEY! P.O.C. - POINT OF COMMENCEMENT P.O.B. _- POINT OF BEGINNING P.B. - PLAT BOOK PG. - PAGE S.L.C.R. - ST. LUCIE COUNTY RECORDS STA: 343+L96.17 I S89'01'19'E 202.87' OFFSET: 285.85'L. A: 339+19.58 TET: 285.85'L. NORTH LINE SOUTH 80.00' )F TRACT 8 �11 PROPOSED R/W r–PARCEL 102 STA: 343+93.44 - OFFSET: 83.001. 328.85' 50' R/W PER STATE OF FLORIDA STATE ROAD DEPARTMENT R/W MAP SECTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE o I I n 126' i 343+00 _ to � N 126.00' _CD ADDITIONAL R/W A PORTION OF a X TRACT 8, IRFC i� � a P.B. 2, PG. 25 `oCL 5875 66th AVENUE Q0 VER BEACH, FL., 32967 `t "' >_PID -32391800001008000003.0 > o O.R.B. 1052, PG. 2038 w PARCEL 401 CONTAINING 2.201± ACRES STA: 339+56.85 OFFSET: 83.D0'L.' N45'35'42"E 56.18' o STA: 339+17.39 OFFSET: 123.001. S89'01'19"E 162.87, o.( 202.87' 50.01 ro 503+00 N ` fINDIAN rrfi0030.00' ROAD R/W CN DETERMINED BY RIVER COUNTY— D.B. 48, PG. 23 m If 60' SUB -LATERAL "A-10" CANAL j NDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.L.C.R. 57th STREET U C s ARCADIS U.S., INC. 2081 Vista Parkway Tel: (561) 697-7000 Fu; (561) 697-7751 West Palm Beach, Fluids 33411 www.anadis-us.cvm :1 w I coNN Q u N � � � CD J Z n tY LnU I A: 339+19.58 TET: 285.85'L. NORTH LINE SOUTH 80.00' )F TRACT 8 �11 PROPOSED R/W r–PARCEL 102 STA: 343+93.44 - OFFSET: 83.001. 328.85' 50' R/W PER STATE OF FLORIDA STATE ROAD DEPARTMENT R/W MAP SECTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE o I I n 126' i 343+00 _ to � N 126.00' _CD ADDITIONAL R/W A PORTION OF a X TRACT 8, IRFC i� � a P.B. 2, PG. 25 `oCL 5875 66th AVENUE Q0 VER BEACH, FL., 32967 `t "' >_PID -32391800001008000003.0 > o O.R.B. 1052, PG. 2038 w PARCEL 401 CONTAINING 2.201± ACRES STA: 339+56.85 OFFSET: 83.D0'L.' N45'35'42"E 56.18' o STA: 339+17.39 OFFSET: 123.001. S89'01'19"E 162.87, o.( 202.87' 50.01 ro 503+00 N ` fINDIAN rrfi0030.00' ROAD R/W CN DETERMINED BY RIVER COUNTY— D.B. 48, PG. 23 m If 60' SUB -LATERAL "A-10" CANAL j NDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.L.C.R. 57th STREET U C s ARCADIS U.S., INC. 2081 Vista Parkway Tel: (561) 697-7000 Fu; (561) 697-7751 West Palm Beach, Fluids 33411 www.anadis-us.cvm :1 �m I i Q i s � � O _zr J 5 n tY r a � o n rn W w i 00 4 I O a"N Z I i W ��a I_z rb z N i � 0 I za �m w � � _zr J tY O - + n rn W w i 00 4 I O u N O M � o I_z rb w J ~O N O N 50 S.E. CORNER OF THE N.E. 1 /4 _:+ — SECTION 18-32-39 = 80' I PCW DRAINAGE POND PROJECT NUMBER DRAWING NUMBER SHEET 2 DE 2 WPOO1053 105=401