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Home My WebLink About2009-103RESOLUTION 2009- 103 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 66T" 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`x' Avenue. WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66`" 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 401 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; 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: RESOLUTION 2009- 103 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 Wheeler and the motion was seconded by Commissioner 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 SolariY6 E _ Commissioner Gary C. Wheeler AYE 0) RESOLUTION 2009- 103 The Chairman thereupon declared the resolution duly passed and adopted this 7th day of July, 2009. Attest: J. K. Barton, Clerk BY C� Deputy Clerk Approved as to form and legal Sufficiency A/", William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA By its Bo • 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 _ 1st iSt. 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 c Site INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. / o v; 57th -1 ist_'7 s 1 o 0 Ila N_ 1e Relief Canal PROFESSIONAL LAND SURVEYOR AND MAPPER WP001053 WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0. 4213, STATE OF FLORIDA --- HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND DATE: 8/2/07 EASEMENTS OF RECORD. ^ P c c E;': 49th ((O0 St.20 ¢ 21 24c1 iXp00 Elf 45th S Composite Exhibit "A" OWNERS: STEVEN WILLIAM ABAZIS WILLIAM GEORGE ABAZIS EVAN ACHILLES ABAZIS LEGAL DESCRIPTION: PARCEL 401 A PARCEL OF LAND BEING THE WEST 202.85 FEET OF THE EAST 328.85 FEET OF THE NORTH 476.54 FEET OF THE SOUTH 556.53 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, LESS AND EXCEPT; THAT PORTION OF SAID TRACT 8, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 126.00 FEET 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 45'35'42" EAST, A DISTANCE OF 56.18 FEET; THENCE SOUTH 00'12'25" WEST, ALONG SAID WEST LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. ALL SAID LANDS LYING WITHIN SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 2.201 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. 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 do 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 IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. ARCADIS U.S., INC. 1 THERE HAS BEEN NO FIELD WORK, VIEWING OF THE Y C. HITE DWING NUMBER SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROFESSIONAL LAND SURVEYOR AND MAPPER WP001053 WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0. 4213, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND DATE: 8/2/07 EASEMENTS OF RECORD. REV: 4/12/09 � ARCADIS BEJ $ PRWECI MANAGER PCW OEPAA MENT mpfirm PCW SCA E = CHECKED BY PCW SHEET nne ej2/o7 ee`� � / ARCADIS U.S., INC. 1 DRAINAGE POND PROJECT NUMBER DWING NUMBER 2061 Vhta Parkway To[: (561) 6977000 Fax: (561) 697.7751 WP001053 1053SD401 West Palm Beach, Florida 33411 n .amdisus.mn SHEET 1 OF 2 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 STA: 343+96.17.1 I S89'01'19"E 2� 02.87' OFFSET: 285.85'L. STA: 343+93.44- OFFSET: 43+93.44OFFSET: 83.001. 50' R/W PER STATE OF FLORIDA STATE ROAD DEPARTMENT R/W MAP SECTION NO. 88530, ROAD NO, 505 COUNTY ROAD 615, 66th AVENUE 126.00' So ADDITIONAL R/W n LQ q o A PORTION OF N w + a TRACT 8, IRFC w P.B. 2, PG. 25 to 5875 66th AVENUE 00N M VERO BEACH, FL., 32967 II N o PID -32391800001008000003.0 o O.R.B. 1052, PG. 2038 uj Zi z z^ O o Q v" PARCEL 401 O O M Z < CONTAINING 2.201± ACRES U J STA: 339+56.85 TA: 902+15.62 gw OFFSET: 83.0011 FSET: 36.00' L WW N45'35'42"E o 0 + O 30 56.18' NORTH LINE STA: 339+17.39 SOUTH 80.00' DF TRACT 8 OFFSET: 123.001. 30.00' ROAD R/W S89'01'19"E 162.87 AS DETERMINED BY CIA PROPOSED R/WS89'01 19 E 202.875001'- r --PARCEL 102 � m gf7L Ond 0 a" �1- 126' - - 343+00 -O CD LQ q o 1 N w + -\ a a p ch� n w of N / w [V � � z z^ O o Q � O O M Z < U J gw �w0 O WW z �U 0 + O 30 a w � I 30.00' ROAD R/W AS DETERMINED BY INDIAN RIVER COUNTY~ D.B. 48, PG. 23 41j 60' I I SUB -LATERAL "A-10" CANA -I I INDIAN RIVER FARMS CO. PLAT OF LANDS S.E. CORNER OF o P.B. 2, PG. 25, S.L.C.R. THE N.E. 1 /4 _ _ l 57th STREET SECTION 18-32-39 s PROJECT MANAGER DEPWWEIR MANAGER SCALE; CHECKED BY AF AFS ARCADISPcW PGE PCW _ �____- oSHEEP 71RE DATE:2�07 DRAWN B/ '� DRAINAGE POND PROJECT NUMBER DRAMNG NUMBER ARCADIS U.S., INC. 4081 VMa Pahwa9 Tel: (561) 697-7000 Fag (561) 697.7751 WPOO1053 1053SD401 n West Palm Bearh, Florida 33411 w .aevdle-u+.me SHEET 2 OF 2