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HomeMy WebLinkAbout2009-090RESOLUTION 2009- 090 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`h 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 108 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. RESOLUTION 2009- 090 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 Gary C. 4heeler and the motion was seconded by Commissioner Joseph E Fl escher and, 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 AYE The Chairman thereupon declared the resolution duly passed and adopted this 16th day of June, 2009. 2 RESOLUTION 2009- 090 Attest: J. K. Barton, Clerk By.�a Deputy Clerk Approved as to form and legal Sufficiency m04 X 'William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners B Wesley S. Davis, Chairman BCC Approved: June 16, 2009 VIN N W*E s 0 100' 200' GRAPHIC SCALE 100' PARCEL I 156'3_i w I W0 zO $y z 1. ],<Np�:��� N p_U1'i � Z rn I OFFICIAL RECORDS BOOK sse,cer oak'.knoaedye and oab ere. o Me bears of, my EJ vii a a W m oep0° m pd to ,eadf N2wJ 01 o i w-� � EAST LINE 1RACT 1 '�„- Q INDIAN RIVER FARMS CO. Z U PLAT BOOK 2, PAGE 25-Hwe N W (ST, LUCIE) 3'^ - PARCEL 108 + a Q 52,129 SOFT. M 1.20 ACRES. K F� / M (D w 32390700001001000005.0 (O STEPHEN RYAN $w 50, ORB 1066, PG 2977 n % 30' I�� 20'—1 N W*E s 0 100' 200' GRAPHIC SCALE 100' I AFCL DFS GRIPTION RIGHT OF WAY PARCEL THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1066, PAGE 2977: NORTH 5 ACRES OF THE SOUTH 10 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS SAME IS DESIGNATED ON THE IN THE SFFICEEOF LTHEAT OF CIRCUITANDS COURTFOFHST.NDIAN RIVER LUCIE COUNTY.RMS FLORIDA, IN COMPANY. FILED LAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25” EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. LEGEND LINE SECTION EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY mn crtmea that a regal d ar+pNr, and 0.1ch or be property — deac0en harem w ade under my =P"Sm and that NI. Is9ef IF PARCEL dosc*Jon and s"elan mut$ the mhL um to nlod amndons a.I w I RIGHT OF WAY LINE z 1. ],<Np�:��� N p_U1'i w I OFFICIAL RECORDS BOOK sse,cer oak'.knoaedye and oab ere. o Me bears of, my O oep0° m pd to ,eadf N2wJ 01 o i w-� I I AFCL DFS GRIPTION RIGHT OF WAY PARCEL THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1066, PAGE 2977: NORTH 5 ACRES OF THE SOUTH 10 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS SAME IS DESIGNATED ON THE IN THE SFFICEEOF LTHEAT OF CIRCUITANDS COURTFOFHST.NDIAN RIVER LUCIE COUNTY.RMS FLORIDA, IN COMPANY. FILED LAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25” EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. LEGEND LINE SECTION EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY mn crtmea that a regal d ar+pNr, and 0.1ch or be property — deac0en harem w ade under my =P"Sm and that NI. Is9ef IF PARCEL dosc*Jon and s"elan mut$ the mhL um to nlod amndons a.I — — RIGHT OF WAY LINE % 0 by Ne noeM. Oaard of %o/ alma) Lmd SN l N Chwbr vw-S, Rrfdo AakaWalntAa Code, purn,mt to Seollm 472.027, R/W RIGHT OF WAY frr a Stoivte.. And that Ible d?-eMl 'a a true and .tante ORB OFFICIAL RECORDS BOOK sse,cer oak'.knoaedye and oab ere. o Me bears of, my TCE TEMPORARY CONSTRUCTION m pd to ,eadf EASEMENT E.C. OWEIER, P.S.M. Na 5179 TRUSTEES OF THE TI - DA 2. \ \. INTERNAL IMPROVEMENT FUND NOT VAUD MMWT WE 9G4ANRE ANO 1HE ORILINAL RAISED SEAL (MURPHY RESERVATION) Dr ME aMDA UCENSED WRWE AND MAPPER AVOW.. Y"` t'-Im' ��❑ IGmleyHOM and Assodates, Inc. ©fine wr-ww Me .. les xc "A.ex,a t.. v-'"°"''"'°°° °A1 s/°2/09 LEGAL DESCRIPTION AND SKETCH OF PARCEL 108 INDIAN RIVER COUNTY, FLORIDA £T a°9�e 1 OF 1 OtIDOm'" pa ouw Of res scam e* Ea vxo+ECT xa m," u07* -1-1 047035041 E