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Home My WebLink About2009-101RESOLUTION 2009- 101 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`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 122 and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66°i 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- 101 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 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 4 and, RESOLUTION 2009- 101 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 Board of County Commissioners BY (44".0, l_ys� By — Dep�y�Clerk Wesley S. Davis, Ch irman BCC Approved: Approved as to form and leg Su facie cy l William K. DelYraal Deputy County Attorney SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE Composite Exhibit "A" OWNERS: MATTHEW STANLEY JR, & HILDA C. HARBOURT LEGAL DESCRIPTION: PARCEL 122 A PARCEL OF LAND BEING THE EAST 104.00 FEET LESS THE NORTH 30.00 FEET OF TRACT 1, 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: THAT PARCEL OF LAND BEING MORE. PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WEST LINE OF THE EAST 104.00 FEET OF SAID TRACT 1 AND THE SOUTH LINE OF THE NORTH 30.00 FEET OF SAID TRACT 1; THENCE SOUTH 00'25'12° WEST, ALONG SAID WEST LINE OF THE EAST 104.00 FEET OF TRACT 1, A DISTANCE OF 10.08 FEET; THENCE NORTH 46'07'49" WEST, A DISTANCE OF 14.66 FEET; THENCE SOUTH 89'34'33" EAST, ALONG SAID SOUTH LINE OF THE NORTH 30.00 FEET OF TRACT 1, A DISTANCE OF 10.64 FEET TO THE POINT OF BEGINNING. ALL LYING WITHIN SECTION 31, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 3,08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF TRACT 1 BEARING SOUTH 89'34'33" EAST WITH ALL OTHER BEARING SHOWN HEREON BEING RELATIVE THERETO. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61017-6, 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. PWESS16NAL LAND SURVEYOR AND MAPPER LICENSE NO. 4213, STATE OF FLORIDA DATE: 04/23/08 REV: 4/8/09 BEJ ARCADIS ARCADIS U.S., Inc. 8 2081 Msla Pa,kmy Tek(561)697-7000 Fan (561) 697.7751 QQ West Palm Beach, Flalda 33411 � arc&, = 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 WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. PCW PCW I' - 80' _ PCW �1EET 1111E ATE: 06 BR.AwN BY EJ ADDITIONAL R/W PROJECT NUMBER CRAWNG NUMBER SHEET 1 OF 4 WPOO1053 1053SDI22 0 0; 49th t. 20 21 - 0 124 CI 19 �y y 45th St. ,Q' —_{— N.Gifford Rd. 51 o 25 I41th St.,, S.Gifford Rd. 0_ N 30 ; 29 D Lr ys-, 00 28 e o Barber Ave. P Ciherry Lone Composite Exhibit "A" OWNERS: MATTHEW STANLEY JR, & HILDA C. HARBOURT LEGAL DESCRIPTION: PARCEL 122 A PARCEL OF LAND BEING THE EAST 104.00 FEET LESS THE NORTH 30.00 FEET OF TRACT 1, 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: THAT PARCEL OF LAND BEING MORE. PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WEST LINE OF THE EAST 104.00 FEET OF SAID TRACT 1 AND THE SOUTH LINE OF THE NORTH 30.00 FEET OF SAID TRACT 1; THENCE SOUTH 00'25'12° WEST, ALONG SAID WEST LINE OF THE EAST 104.00 FEET OF TRACT 1, A DISTANCE OF 10.08 FEET; THENCE NORTH 46'07'49" WEST, A DISTANCE OF 14.66 FEET; THENCE SOUTH 89'34'33" EAST, ALONG SAID SOUTH LINE OF THE NORTH 30.00 FEET OF TRACT 1, A DISTANCE OF 10.64 FEET TO THE POINT OF BEGINNING. ALL LYING WITHIN SECTION 31, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 3,08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF TRACT 1 BEARING SOUTH 89'34'33" EAST WITH ALL OTHER BEARING SHOWN HEREON BEING RELATIVE THERETO. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61017-6, 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. PWESS16NAL LAND SURVEYOR AND MAPPER LICENSE NO. 4213, STATE OF FLORIDA DATE: 04/23/08 REV: 4/8/09 BEJ ARCADIS ARCADIS U.S., Inc. 8 2081 Msla Pa,kmy Tek(561)697-7000 Fan (561) 697.7751 QQ West Palm Beach, Flalda 33411 � arc&, = 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 WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. PCW PCW I' - 80' _ PCW �1EET 1111E ATE: 06 BR.AwN BY EJ ADDITIONAL R/W PROJECT NUMBER CRAWNG NUMBER SHEET 1 OF 4 WPOO1053 1053SDI22 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! OWNER: MATTHEW STANLEY JR. & HILDA C. HARBOURT THE SOUTH LINE OF THE NORTH 30.00 FEET OF TRACT 1 r } 371h STREET (BARBER ROAD NORTH LINE OF TRACT 1 — 0 _ 30' EASEMENT S89'34'33'E _ D.B._48, PC. 23 114,64' <n SEE _- DETAIL PA'--_ o SHEET 4 OF 4 N r �, J + J ZZQQO M^ d CJ� rn z O 3 30.00' ROAD R/W t + °¢ J AS DETERMINED BY a INDIAN RIVER COUNTY o D.B. 48, PC. 23 �t �a w o N a WEST LINE OF THE EAST 104.00 FEET 00 m Z N 122 O OF TRACT 1 bom S l�i O rO V) m N 04 TRACT 1, IRFC P.B. 2, PG. 25 °} ADDRESS: 3675 66th AVE N VERO BEACH, FL. 32966 PID -32393100001001000001.0 b LEGEND: SEE SHEET 3 OF 4 50' R/W PER STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. 88530, ROAD NO. 505 0 COUNTY ROAD 615, 66th AVENUE —`�MATCH LINE—"A - SEE OR PCW PCW I' = 80' PCW SMEE711RE 0ATC 4/23/08 BEJN BY ._.-___ PIWARCADI ADDITIONAL R/W PRO EC NUMBER WUWWC NUMBED ARCADIS U.S., Inc. 8 2081 Vhta Parkway Tat: (551)697.70MFax(561)697.751 WP001053 1053SD122 h Weal Pain Buck, Flo(Ma 33411 www,aim46�.= SHEEP 2 OF 4 __.. SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! OWNER: MATTHEW STANLEY JR. & HILDA C. HARBOURT MATCH LINE "A' — SEE SHEET 2 OF 4-� 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 N � 30.00' ROAD R/W c>: AS DETERMINED BY Ai, INDIAN R;VER COUN-IY EST z ry_ A D.B. 48, PC. 23 J A�I eAA 0 o �i7 cC WEST LINE OF / FEET/ THE TTRAC OF1 O � IaJ I— � O TRACT 1, IRFC P.B. 2, PG. 25 0 0 ADDRESS: 3675 66th AVE Co m C5 �! VERO BEACH, FL. 32966 ca'v I o PID -32393100001001000001.0104.00'— 5 w I - O N ¢ U-) N I ~ o b a I + w z 3 I LEGEND: n N D.B. - DEED BOOK I>a IRFC - INDIAN RIVER FARMS CO. PLAT OF LANDS o I 15 r I I M ma P.O.B. - POINT OF BEGINNING z P.B. - PLAT BOOK PG. - PAGE 4 J S.L.C.R. - ST. LUCIE COUNTY RECORDS w T - TOTAL °B g 30 I 0 O I I ��MATCH LINE—'B - SEE SHEET 4 OF PROJECT AW PCW CEPARTMENT M"EA PDW SCALE: CHECKED B/ PEW F$ ARCADIS SHEET TITLE ---- DATE: 08 4/23/0 DRAWN R BEJ aT ADDITIONAL R/W PA0IEOT NUMBER DRAWNC NUMBER ARCADIS U.S., Inc. 2081 Vila Paewy Tel:)561)697.7000 Fae(561)697.7751 WPOO1053 1053SD122 Q Wast Palm Beach, "a 33411 wxaamad".mm SHEEP 3 OF 4 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! OWNER: MATTHEW STANLEY JR. & HILDA C. HARBOURT MATCH UNE "B' SEE SHEET 3 OF 4-,- 30.00' -,-30.00' ROAD R/W —104.00'– AS DETERMINED BY INDIAN RIVER COUNTY D.B. 48, PG. 23 0 T, TRACT 1, IRFC �- P.B. 2, PG. 25 w N O ADDRESS: 3675 66th AVE N u- Ch VERO BEACH, Fl. 32966 io J P9-323931,00001001000001.0 o mi ' C3 \` WEST LINE OF 122 Ln THE EAST 104.00 FEET o w OF TRACT 1 �� + m cc SOUTH LINE _� _OF TRACT 1\y +51.02 N89-36'51 *W z a TRACT 8, IRFC 83.00' Li. 104.00' J P.B. 2., PG. 25 I +51.08 0 awl 21.00 RT. 5 3 O THE SOUTH LINE OF THE NORTH 30.00 FEET OF TRACT I — '\ 30' EASEMENT D.B. 48, PG. 23 37th STREET (BARBER ROAD) / S89'34'33'E / 1 A AA' t ss. Ay� \ TRACT 1 � _ DETAIL 20 / THE INTERSECTION OF THE WEST LINE OF THE EAST 104.00 FEET OF TRACT 1 \AND THE SOUTH LINE OF THE NORTH 30.00 FEET OF TRACT 1 TRACT 1/ —THE WEST LINE OF THE EAST 104.00 FEET OF TRACT 1 A" SCALE: I" = 20' LEGEND: SEE SHEET 3 OF 4 g PROJECT NNLIGER OEPIRIIIFM MANMEe SCAtE._...... _.__. CHECIO:D BY ARCADIS n PCW PCW P : 80' PCW � �+ SHEET RTff --�- DOTE: DRAWN BY _ 04/23/09 BEd g ARCADIS U.S., Inc. m ADDITIONAL R/W PROJECT NUMBER DRAWWG NUMBER p 2081 WoPakay Tel: (561)697.7000Fm(561) 697.7751 WPOO1053 1053SO122 Q West Palm 8mch, FlaMa 3341 i w ..amad".mm SHEET 4 OF 4