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Home My WebLink About2009-128RESOLUTION 2009- 128 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 I 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`x' 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 106 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. RESOLUTION 2009- 128 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`x' 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 Fl escher 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 AYE The Chairman thereupon declared the resolution duly passed and adopted this 18th day of August, 2009. PA and, RESOLUTION 2009-128 Attest: J. K. Barton, Clerk By C V4— Cb -11, Deputy Clerk Approved as to form and legal Sufficiency vv� William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA By rts rd of County Commissioners �� Wesley S. Davis, Chairman BCC Approved: August 18 2009 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE 1 � IEII�'f1�1 Composite Exhibit "A" OWNERS: JOHN R. & DEBRA A. MAROTTO LEGAL DESCRIPTION: PARCEL 106 A PARCEL OF LAND BEING THE EAST 112.00 FEET OF THAT PORTION OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1720, PAGE 1020, PUBLIC RECORDS, INDIAN RIVER COUNTY LYING WITHIN TRACT 1, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT SECTION 19,G TOWNSHIPLIC RECORDS, 32 SOUTH, RANGIET39UCIE EAST,IND COUNTY, SAID LANDS LYING WITHIN SECRIVER COUNTY,FLORIDA CONTAINING 0.679 ACRES, MORE OR LESS. 39 EASSTT, INDIAN RVERREON ARE COUNTY, FLORIDA, SAID ASED ON THE SLI E ISST EOF ASSUMEDOTO IBEARWNORT 3SOUTH, 00.08-10" EAST. LANDS SHOWN RECORDS,NT RE ENCUMBERED UMB RE BY A TIFFRESERVATIONRECORDED IN DEED BOOK 35, PAGE 434, SAID P SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. 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 At 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 u,irnauennn7eL�ttRPOSES ONLY AN S-W9fVAtiB:"- (—THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A I'EERhY C. y1F11 PROFES�1dN LAND SURVEYOR AND MAPPER LICENSi N . 4213, STATE OF FLORIDA DATE: 1/15/07 71wompatmiteach,FlWa33411 REV 7/22/01 ..ARCADISCADIS G&M, INC,Tel: (561)697.7000 Fac(561)69T7751 Laie Pa,kwaY wwwart cr' .= _ NOTE. 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. _ EJECT "06FR AR7NEN7 µNUfiER SCALE CHECKED W „„ Pew 1 = 80' 1 PCN ADDITIONAL R/W SHEET I OF 2 WPOW053 I1053SD106 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! _ 53rd STREET 18 17 N.E. CORNER OF 19 20 50' R/W PER STATE OF FLORIDA SECTION 19-32-39 STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. 88530, ROAD NO. 505 M COUNTY ROAD 615, 66th AVENUE o N STA: 306+45.35 w n O OFFSET: 29.00 C0 S89*54'39"E o + o Z I1 112.00' I I I Z I STA: 306+45.25 W I — _ — — _ OFfSET: 83.00' L J U K — I 80 � 112.00— p'� �50'w I ADDITIONAL R/W o I o No o I Z I co o� M N I I o I A PORTION OF TRACT 1 112'-N I° 5 I P.B. 2, PG. 25, S.LC.R. o w a I I n I OWNERS: JOHN R. & w =' o o o DEBRA A. MAROTTO o M + ap 5215 66th AVENUE r I m o o VERO BEACH, FL., 32967 o PID -32391900001001000003.0 b I N I I N 30.00' ROAD R/W I I I g Z N AS DETERMINED BY-- I INDIAN RIVER COUNTY I V I I I n Z a I o 1 STA: 303+81.25_ 1W OFFSET: 83.00' L z a = LEGEND: S89'54'39"E J D.B. - DEED BOOK 112.00' Z!5 o m P.O.C. - POINT OF COMMENCEMENT STA: 303+81.35 P.O.B. - POINT OF BEGINNING OFFSET: 29.00' R g P.B. - PLAT BOOK I 3 130.00' PG. - PAGE PID - PROPERTY INDENTIFICATION NUMBER20.00' POT - POINT OF TANGENCY ( �3 I S.L.C.R. - ST. LUCIE COUNTY RECORDS I p ` i SOUTHEAST CORNER STA - STATION - — OF TRACT 1 TIIF - TRUSTEES OF THE INTERNAL IMPROVEMENT FUND 7sHEET AGER DEPOMENT WMER SCALE CHECKED BY w f PCW 1' = 80 PCW - a( By ��/ /� �� C m TITLE x/15/07 BEJ N ' CA J AL R/W PMECi NUMB DFEAwNc Nuuei ARCADIS G&M, INC. WP001053 1053SO' 2081 Vista Parkway Tel: (561)697-7000 Fan(561)697-7751 C.) West Palm Beach, Fla10e33611 w Arcadtsus.m OF 2