HomeMy WebLinkAbout2009-096RESOLUTION 2009- 096
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`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 107C 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:
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 wheel er
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 Solari Ate.
Commissioner Gary C. Wheeler AYE
2
The Chairman thereupon declared the resolution duly passed and adopted this 7th day
of July, 2009.
Attest: J. K. Barton, Clerk
ByCSLl•
Deputy Clerk
Approved as to form/and legal Sufficiency
G
illiam K. DeBraal
Deputy County Attorney
INDIAN RIVER COUNTY, FLORIDA
By its Board of County Commissioners
Wesley S. Davis, Chairman
BCC Approved:
July 7 2009
SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
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LEGAL DESCRIPTION: PARCEL 107C
Composite Exhibit "A"
OWNERN
MARY CCHARLENE B. BROWN
PARCEL 32391900001008000002,0
BEING ALL OF THE EAST 112.00 FEET LESS THE SOUTH 80.00 FEET TOGETHER WITH ALL OF THE NORTH
50.00 FEET OF THE SOUTH 80.00 FEET OF THE EAST 274.00 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, LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39
EAST, INDIAN RIVER COUNTY, FLORIDA, TOGETHER WITH 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 112.00 FEET AND THE NORTH LINE
OF THE SOUTH 80.00 OF SAID TRACT 8; THENCE NORTH 89'53'14" WEST, ALONG A LINE 80.00 FEET NORTH
OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE SOUTH LINE OF SAID TRACT 8, A DISTANCE
OF 40.00 FEET; THENCE NORTH 45'07'28" EAST, A DISTANCE OF 56.58 FEET; THENCE SOUTH 00'08'10"
WEST, ALONG SAID WEST LINE OF THE EAST 112.00 FEET OF TRACT 8, A DISTANCE OF 40.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 3.53 ACRES, MORE OR LESS
SAID PARCEL OF LAND LYING WITHIN THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1035, PAGE
2238, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA.
TRACT 8 IS ENCUMBERED BY A TIFF RESERVATION RECORDED IN DEED BOOK 35, PAGE 443, PARTIALLY
RELEASED IN OFFICIAL RECORDS BOOK 190, PAGE 434, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA.
ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE
39 EAST, INDIAN RIVER COUNTY, FLORIDA, WHICH IS ASSUMED TO BEAR NORTH 00'08'10" EAST.
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 & 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.
DATE:
I
ONAL LAND SURVEYOR AND MAPPER
NO. 4213, STATE OF FLORIDA
ARCADIS G&M, INC.
4061 Veld Park ay Tel: (561) 697.7000 Fen (561) 6977751
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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.
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LEGEND:
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SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
OWNER:
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LEGEND:
SEE SHEET 2 OF 4
PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY
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