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Home My WebLink About2009-099RESOLUTION 2009-099 AN AMENDED 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 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°i 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 110 and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66`h 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; and WHEREAS, the Board finds it necessary to amend its previous resolution for this parcel to provide for a more accurate legal description. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows: 1 SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. 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 and the motion was seconded by Commissioner EI asrher and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Gary C. Wheeler 0 AYE AYE AYE AYE Ate_ The Chairman thereupon declared the resolution duly passed and adopted this 7th day of July, 2009. Attest: J. K. Barton, Clerk INDIAN RIVER COUNTY, FLORIDA By ( mane. 6&,6 - Deputy Clerk Approved as to form and legal Sufficiency William K. DeBraal Deputy County Attorney By its B • 1 of County Commissioners Wesley S. Davis, Chairman BCC Approved: July 7, 2009 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE 619 --7 61St t. RECORDS BOOK :13 C); 57th ISt.17 16 ° :1e lief anal ; 53rd ¢ St__.� ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC > o FLORIDA. (Site 49th 1wo—il St. 20 ¢ 21 ul 24 19 I .... ?iii ... 45th S ;:. 00 LEGAL DESCRIPTION: PARCEL 110 Composite Exhibit "A" OWNERS: WILLIAM H. & RUTH M. STANBRIDGE A PORTION OF LAND BEING THE EAST 112.00 FEET OF THAT PARCEL THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 264, PAGE 106 AND OFFICIAL RECORDS BOOK 394, PAGE 70, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING WITHIN TRACT 9, 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. ALL SAID LANDS LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 18,480 SQUARE FEET OR 0.42 ACRES, MORE OR LESS. ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00'08'10" EAST. SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS—OF—WAY OF RECORD. CERT1nCATION: 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. NOTE: ��/// THIS NOT A SKETCH SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO HELD WORK, VIEWING OF THE PERRY C -WHITE WITH PROPERTY, OR MONUMENTS SEE IN CONNECTION PROF ONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICE SE N0. 4213, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND DATE: 1/15/07 REV 4/8/09 BEJ EASEMENTS OF RECORD. ADD IMPROVEMENTS 6/16/06 BEJ PROIECi WvVAGER DEPARTMENT WJUGER SCALE: CFECKED Py PcW PCW 1' = ea• Pay ra ARCADIS m SHEE tR E — D1/15/07 BEJ N BY aRcacis U.S., Inc. m ADDITIONAL R/W PROJECT NUMBER DRAWING NUVBER 2081 Vista Parkay Tel: (561) 6972000 Fa4(581)697-nsi WP001053 1053SD110 n West Pah Beata. F"a 33411 w Ms aekas.= 41EET I OF 2 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! 0 OD u � Lu I a I U) U7 I I O STA: 282+18.59 I I OFFSET: 83.00 L 9 I ----i ----- UNK / G Li 112' ADDITIONAL R/W' A PORTION OF TRACT 9 --- 53rd STREET N.E. CORNER OF-�18 17 SECTION 19-32-39 19' 20 STA: 282+18.64 OFFSET: 29.00 R n � M W \ ZQ� \ S89'53' 03"E I Z o \\\ 112.00' N Z o - O ry r P.B. 2, PG. 25, S,LC.R. 'o 4835 66th AVENUE VERO BEACH, FL., 32967 a PID -32391900001009000003.0 0 30.00' ROAD R/W Z AS DETERMINED BY- - — — —INDIAN RIVER COUNTY- - STA: 280+53.59/ OFFSET: 83.00 L OAKS LEGEND: D.B. - DEED BOOK P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING P.D. - PLAT BOOK PG. - PAGE PID - PROPERTY INDENTIFICATION NUMBER POT - POINT OF TANGENCY S.L.C.R. - ST. LUCIE COUNTY RECORDS STA - STATION 0 - WOOD POWER POLE * - CYP - CYPRESS TREE 9- LINK - UNKNOWN TREE 9- OAK TREE 9 ROCK STA: 280+53. OFFSET: 29.00 N 50' R/W PER STATE OF FLORIDA DEPARTMENT RIGHT-OF-WAY MAP :CTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE ARCADIS ARCADIS U.S., Inc. 2081 VIM Park"y Tel: (561) 697-7000 Far(561) 697-7751 Weal Palm Baerh, Flad0a 33411 r zud".= ADDITIONAL R/W SHEET 2 OF 2 1._80, WPOO1053 o I N O I a 9 53'1 3"W . 2.00 U a Z U + o > N a i N C Co N J N Owm Z: z I a� JzN �U z Z5 3 4�1 I Mom Z3 � 3 0 50' R/W PER STATE OF FLORIDA DEPARTMENT RIGHT-OF-WAY MAP :CTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE ARCADIS ARCADIS U.S., Inc. 2081 VIM Park"y Tel: (561) 697-7000 Far(561) 697-7751 Weal Palm Baerh, Flad0a 33411 r zud".= ADDITIONAL R/W SHEET 2 OF 2 1._80, WPOO1053