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Home My WebLink About2009-065RESOLUTION 2009- 055'• 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`h 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 102 and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66°i 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- 065 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 T BRYAN , and the motion was seconded by Commissioner upon being put to a vote, the vote was as follows: FLESCHER 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. 2 and, RESOLUTION 2009- 065 Attest: J. K. Barton, Clerk By Depty Clerk . Approved as to form and legal Sufficiency 0/,_ ZOO William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA, By its Board of County Commissioners Wesley S. Davis, Chairman BCC Approved: 12. 2009 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE COMPOSITE EXHIBIT "A" OWNERS STEVEN WILLIAM ABAZIS WILLIAM GEORGE ABAZIS EVAN ACHILLES ABAZIS LEGAL DESCRIPTION: PARCEL 102 A PARCEL OF LAND BEING THE EAST 126.00 FEET OF TRACT 8, INDIAN RIVER FARMS CO. PLAT OF ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, LANDS, LUCIE COUNTY, FLORIDA, SAINT TOGETHER WITH: THE SOUTH 80.00 FEET OF THE EAST 20 ACRES LESS THE EAST 126.00 FEET OF TRACT 8. TOGETHER WITH: THAT PORTION, OF TRACT 8 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 126.00 FEET OF TRACT 8 AND THE NORTH LINE OF THE SOUTH 80.00 FEET OF SAID TRACT 8; THENCE NORTH 89'01'19"' WEST, ALONG SAID NORTH LINE, A DISTANCE OF 40.54 FEET; THENCE NORTH 45'35'33" EAST, A DISTANCE OF 56.95 FEET; THENCE SOUTH 00'12'25" WEST, A DISTANCE OF 40.54 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND EXCEPT THE SOUTH 30.00 FEET OF THE EAST 20 ACRES OF SAID TRACT 8. ALL SAID LANDS LYING WITHIN SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 3.841 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. 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 INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. PERRY C. WHITE PROFESSIONAL LAND SURVEYOR AND MAPPER LICENSE NO. 4213, STATE OF FLORIDA DATE; 03/23/07 REV: 4-5-07 ARCADIS U.S., INC. 208141ala Parkway Tel: (561)6974000 Fax(561)697-7751 Weal Palm Beach, Florida 33411 wxw.erpolsus cnm 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 THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. ADDITIONAL R/W SHEET. 1 OF 4 pmy1`=80' W100 1053 11053SD102 �,_. ll lilrLlli�i/� ______ 18 Q34 0) 49th -- II24 r- -N. ---�-1,--= -19 COMPOSITE EXHIBIT "A" OWNERS STEVEN WILLIAM ABAZIS WILLIAM GEORGE ABAZIS EVAN ACHILLES ABAZIS LEGAL DESCRIPTION: PARCEL 102 A PARCEL OF LAND BEING THE EAST 126.00 FEET OF TRACT 8, INDIAN RIVER FARMS CO. PLAT OF ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, LANDS, LUCIE COUNTY, FLORIDA, SAINT TOGETHER WITH: THE SOUTH 80.00 FEET OF THE EAST 20 ACRES LESS THE EAST 126.00 FEET OF TRACT 8. TOGETHER WITH: THAT PORTION, OF TRACT 8 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 126.00 FEET OF TRACT 8 AND THE NORTH LINE OF THE SOUTH 80.00 FEET OF SAID TRACT 8; THENCE NORTH 89'01'19"' WEST, ALONG SAID NORTH LINE, A DISTANCE OF 40.54 FEET; THENCE NORTH 45'35'33" EAST, A DISTANCE OF 56.95 FEET; THENCE SOUTH 00'12'25" WEST, A DISTANCE OF 40.54 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND EXCEPT THE SOUTH 30.00 FEET OF THE EAST 20 ACRES OF SAID TRACT 8. ALL SAID LANDS LYING WITHIN SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 3.841 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. 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 INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. PERRY C. WHITE PROFESSIONAL LAND SURVEYOR AND MAPPER LICENSE NO. 4213, STATE OF FLORIDA DATE; 03/23/07 REV: 4-5-07 ARCADIS U.S., INC. 208141ala Parkway Tel: (561)6974000 Fax(561)697-7751 Weal Palm Beach, Florida 33411 wxw.erpolsus cnm 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 THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. ADDITIONAL R/W SHEET. 1 OF 4 pmy1`=80' W100 1053 11053SD102 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: P.O.C. - POINT OF COMMENCEMENT P.0 B- - POINT OF BEGINNING P.B. - PLAT BOOK PG. - PAGE S.L.C.R. - ST. LUCIE COUNTY RECORDS T - TOTAL TRACT 1, IRFC P.B. 2, PG. 2.5 u r 30.00' ROAD R/W AS DETERMINED BY INDIAN RIVER COUNTY D.B. 48, PG. 23 I o 101 50' R/W PER STATE FLORIDA STATE ROAD DEPARTMENT RIGHT-OFOFWAY MAP. SECTION NO. 88530, ROAD NO. 505 W COUNTY ROAD 615, 66th AVENUE STA: 351+65.25 OFFSET: 83.00 L\ _ W J--_—_ V I 126.00'. ADDITIONAL R/W I j i I TRACT 8, IRFC P.B. 2, PG. 25 5875 66th AVENUE VERO BEACH, FL., 32967 PID -32391800001008000003.0 I O.R.B. 1052, PG. 2038 I I I MATCH LINE "A' - C ARCADIS U.S., INC. 2081 Vista Parkway Tel: (561)697-1000 Fm(561)697-7751 Wast Paim Beach, Florida 33411 www.arcadls-us.mm N ISIA: 351+ OFFSET: 43 S89001'230E o 1126.01' + N U7 M � o - o' v 0 + C j u-) O \ w 102 0 w o 40 o N � M r O z z 126' SEE SHEET 3 OF 4 'ROJECi MANAGER 111ARTMEM NAt PCW PCW i TIL HEE ADDITIONAL R/W SHEET 2 OF 4 SCALE 1" — 80' CHECKED PCW DRAWN BY WPOO1053 110530102 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! ® - MATCH LINE "A° - SEE SHEET' 2 OF -- 4 r-- --.--.--. I 126.00' ADDITIONAL R/W I O W )I I I I I U 1 O cn I N o I � (T 1�1 W I � w I NN' N I N TRACT 8, IRFC o P.B. 2, PG. 25 z z 5875 66th AVENUE VERO BEACH, FL., 32967 PID -32391800001008000003.0 O.R.B. 1052, PG. 2038 I t LEGEND: P.O.C. -POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING P.B. - PLAT BOOK PG. - PAGE 0.00' ROAD R/W S.L.C.R. - ST. LUCIE COUNTY RECORDS DETERMINED BY T - TOTAL N RIVER COUNTY D.B. 48, PG. 23 I I I 50' R/W PER STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP �ECTION NO. 88530, ROAD ND. 505 1 COUNTY ROAD 615, 66th AVENUE MATCH LINE "B® SEE SHEET 4 OF 4 - Lw-Fu:(561)697-7751Bead, Florida 39611 www.amadls-us.com wan 0 n PCW ADDITIONAL R/W SHEET 3 OF 4 PEW 1"=8o —.— BEd WP001053 110530102 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! MATCH LINE "B' — SEE SHEET 3 OF 4 50' R/W PER STATE OF FLORIDA ®®' _ STATE ROA% DEPARTMENT RIGHT-OF-WAY MAP 343+00- `00, � S(jCTION NO. 88530, ROAD N0, 505 126 I V 0 (COUNTY ROAD 615, 66th AVENUE I � 126.00' C14s j ADDITIONAL R/W o 0) + I n I I TRACT 8, IRFC o v 102 I N Co U m I P.B. 2, PG. 25 N Lu T J 5875 66th AVENUEC6w rn o ¢ N o I VERO BEACH, FL., 32967 C ^1 Lil +Lo p Q' W I-' °- CC)PID-32391800001008000003.0 , I l N n II O:R.B. 1052, PG. 2038 C`14 Lo in 0 " z ¢ co o ¢ N `N'- N C81 I Z ^Ocl] W O\1 C) O H STA: 339+57.82 o m f8 OFFSET: OFFSET: 83.00 L + 3 I o rn N45'35'33"E It M o o N r u? 30.00' ROAD R/W Lo 56.95 It o AS DETERMINED BY -3 STA: 502+15.61 STA: 339+17.82 INDIAN RIVER COUNTY OFFSET: 36.00 L i OFFSET: 123.54 L D.B. 48, PG. 23 3; �2 w N S89001'19"E 162.33' 0.54 202.87' r z 502+00 503+00 102 P.O.B. m S 50.43' + _ 504+00 M505+00 �. 506+00 5071 N89'01'01 "W 328.$8' — _ 57th STREET o 30' EASEMENT — — _ I D.B.D.B_48, PG. 23 0 — � w I o I 60' SUB -LATERAL "A-10" CANAL m+ N o INDIAN RIVER FARMS CO. PLAT OF LANDS n cV I I P.B. 2, PG. 25, S.L.C.R. O I STA: 502+16.30 I OFFSET: 14.00 R STA: 338+65.14 SOUTHEAST CORNER OF LEGEND: OFFSET: 43.00 R THE NORTHEAST ONE-QUARTER SEE SHEET 3 OF 4 OF SECTION 18-32-39 PROJECT MANAGER DEPARTMENT MANAGER SCALE, Pew BY Pew U ^� rJlll�1 A C 15 PCW ro SHEET TOLE , 80' DATE, E: Pew ORgWN 9Y g ARCADIS U.S, INC. m ADDITIONAL R/W 8 03/23/07 PROJECT NUMBER BEJ DRAWING NUMBER wast Mala Parkway Tel:(561)697-7000 Fax:(561) 697.7751 West Palm Beach, Florida 33411 ww'arcadis-as.com WP601053 1053SDI02 SHEET 4 OF 4