The URL can be used to link to this page

Home My WebLink About2009-102RESOLUTION 2009- 102 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 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`' 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 102 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; 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 RESOLUTION 2009- 102 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`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 Whppl pr and the motion was seconded by Commissioner F1 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 2 RESOLUTION 2009- 102 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 its B rd of County Commissioners Bylt,� y Deputy Clerk Wesley S. Davis, .hair man BCC Approved: July 7, 2009 Approved as to form and legal Sufficiency 9�� by William K. DeBraal Deputy County Attorney SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE Composite Exhibit "A" LEGAL DESCRIPTION: PARCEL 102 A PARCEL OF LAND BEING THE EAST 126.00 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, 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 SAID 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 40.00 FEET; THENCE NORTH 45'35'33° EAST, A DISTANCE OF 56.18 FEET; THENCE SOUTH 00'12'25 WEST, A DISTANCE OF 40.00 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 4.009 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. CERTIFlCili -s 54 113 57th ISt.1 1s WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA v; AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND ISI N_ 18 Relief Canal OWNERS: NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. P 53rd , St. J _ STEVEN WILLIAM ABAZIS SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WILLIAM GEORGE ABAZIS PER Y .WHITE o+ 49th ( St 20 ¢ 21 EVAN ACHILLES ABAZIS 24 I 19:::.�::::::: LICENSE NO. 4213, STATE OF FLORIDA ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND i_ 45th S OD no EASEMENTS OF RECORD. LEGAL DESCRIPTION: PARCEL 102 A PARCEL OF LAND BEING THE EAST 126.00 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, 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 SAID 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 40.00 FEET; THENCE NORTH 45'35'33° EAST, A DISTANCE OF 56.18 FEET; THENCE SOUTH 00'12'25 WEST, A DISTANCE OF 40.00 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 4.009 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. CERTIFlCili 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 BEUEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMA URPOSES ONLY AND IS NOT VAUD. 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 PER Y .WHITE WITH THE PREPARATION OF THE INFORMATION SHOWN PROFESSIONAL LAND SURVEYOR AND MAPPER HEREON. NOTE: LANDS SHOWN HEREON WERE NOT LICENSE NO. 4213, STATE OF FLORIDA ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND DATE: 03/23/07 EASEMENTS OF RECORD. aREV: 4-5- UrxUwca, ncv of PCW PCW w' PCw ARCADIS REV: 'Y' 2 5/07 - y EET T NE OAT/ OMWN Be REV: 72/08 g 03/25/07 Big A REV: 4/12/09 'ADDITIONAL R/W PROJECT NUMBER ORININ'G NUMBER ARCADIS U.S., INC. 2081 'Asia Parkway Tel: (561) 897.7000 Fax (5811897.1`751 WP001053 1053SD102 West Palm Baarh, Florida 33411 w arcadiawoom SHEET I OF 4 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: 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 T — TOTAL TRACT 1, SECTION 18, IRFC P.B. 2, PG. 25 30.00' ROAD R/W AS DETERMINED 8Y INDIAN RIVER COUNTY D.B. 48, PG. 23 50' R/W PER STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT—OF—WAY MAP -- SECTION NO. 88530, ROAD NO. 505 m COUNTY ROAD 615, 66th AVENUE STA: 351+65.25 = OFFSET: 83.00' L\ I 126.00' ADDITIONAL R/W TRACT 8, SECTION 18, IRR, P.B. 2, PG. 25 I 5875 66th AVENUE I VERO BEACH, FL., 32967 i PID -32391800001008000003.0 O.R.B. 1052, PG. 2038 L ml 0 0 M STA: 351+6 .55 OFFSET: 43.0 ' R S89'01'23 -E 126.01' + \ v"i 0 0 co 41 MATCH LINE °A' - SEE SHEET 3 OF 4 ARCADIS ARCADIS U.S., INC. 2081 Msts Pwma7 Tet (561) 697.7000 Fm (561) 6977751 n West Paan Beall, FWW233411 w .a=dwmoom ADDITIONAL R/W PCW I 1' = 80' y sneer 2 or 4 WPOO1053 11053SD102 u N M 7U O v� c 126' MATCH LINE °A' - SEE SHEET 3 OF 4 ARCADIS ARCADIS U.S., INC. 2081 Msts Pwma7 Tet (561) 697.7000 Fm (561) 6977751 n West Paan Beall, FWW233411 w .a=dwmoom ADDITIONAL R/W PCW I 1' = 80' y sneer 2 or 4 WPOO1053 11053SD102 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! MATCH LINE "A' - SEE SHEET 2 OF 4 J 14 N i I 126.00'-_ a �s � ! ADDITIONAL R/W I I N IM o I I I I o =<U II V rl N I Q � Q Z JLLN w a I � N � g I Z O m N cV I �Z o OOm co TRACT 8, SECTION 18, IRFC N P.B. 2, PG. 25 w 5875 66th AVENUE N VERO BEACH, FL., 32967 N N PID -32391800001008000003.00 O.R.B. 1052, PG. 2038 0 0 I Z z LEGEND: 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 T - TOTAL 30.00' ROAD R/W AS DETERMINED BY INDIAN RIVER COUNTY D.B. 48, PG. 23 1 50' R/W PER STATE OF FLORIDA - STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE MATCH LINE "8' - SEE SHEET 4 OF 4 ARCADIS ARCADIS U.S., INC. 2081 \Asta Parkway Tel: (581)697.7000 Fm (581) 697.7751 Q West Palm B�Ch, FI&WO 33411 w.wr.art db.m LN 0 0 126' ROIECT MANAGER lCW y HEET 81TIE ADDITIONAL R/W SHEET 3 OF 4 W: I 0 J 14 N a �s � I N IM o =<U N V �N N I Q � Q Z JLLN w W W g I Z O m w cV I �Z � I OOm W: J Q 3 � �s � I N IM z_ 0 INN WO z z t- W W I Z O m o �Z I _.L 1.1 -.--J- MEN MANAGER SCME: CIECKEO BY _—_ I. = 80, _PCW DATE:- BY 03/23/07 BEJ DRAWN PROJECT NUMBER DRAWING NUMBER WP001053 1053SD10; SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! MATCH LINE "B' - SEE SHEET 3 OF l �10• I--50'-- ITO' R/W PER STATE OF FLORIDA _4 _ 343+00 STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP 126' S�CTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE v I 5 126.00'-.- �El o I 1 ADDITIONAL R/W 06 + N i7 I I a ¢� TRACT 8, SECTION 18, IRFC 102 snv w it P.B. 2, PG. 25 cv o 04 a 5875 66th AVENUE ^ b LL I J w VERO BEACH, FL., 32967 PID -32391800001008000003.0 w N +- z- 00 i O.R.B. 1052, PG. 2038 n z a oM N 1z Lo o11 I a ^ N �a Q ! Z Z Z � o? C7 vvi I STA: 339+57.28 N 0 3 0 U I M ^on.- OFFSET: 83.0 a+ w -ZZO I N45'35'33"E 30.00' ROAD R/W I Nm o 56.aAS DETERMINED BY— n STA: 902+15.62 STA: 339+17.82 OFFSET: 36.00' L OFFSET: 123.00' L INDIAN RIVER COUNTY D.B. 48, PG. 23 S89'01' 19"E 162.87' 0.00 o P.0.6. �+ — — 87' O 36.00' 102 so so4+o Mso +oo so +ao) 9071 _ 7 01 328.88' 7th STREET30'EASEMENT f�E3 SOUTH LINETsD.B. 48, PG. 23 OF TRACT 8)wUB-LATERAL "A-10" CANAL N ER FARMS CO. PLAT OF LANDS04 .B. 2, PG. 25, S.L.C.R. � STA: 902+16.30 SOUTHEAST CORNER OF STA: 338+65.14 o I OFFSET: 14.00' R z OFFSET: 43.00' R THE NORTHEAST ONE-QUARTER LEGEND: OF SECTION 18-32-39 SEE SHEET 3 OF 4 $ PROJECT "lllER PC OEPMTMEM HWGER PDW SCILL ).=60, CHECKED BY PCW a mo ARCADIS SHEET TRE _ DATE: DWWN BY 03/ECT0 BEJ m ADDITIONAL R/W PROJECT NUMBER _ OMWINC NUMBER 8 ARCADIS U.S., INC. 2081MsstaPaikwaY Tel: (681)8974000Fm(561)69747S7 WPOO1053 1053SD102 Q West Palm Beach, fMa 33411 �.Mdlsuam SHEET 4 OF 4