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Home My WebLink About2009-097RESOLUTION 2009- 097 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`h 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 108 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: 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 66t" 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 perhpr 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 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 rd of County Commissioners By (� �✓_J�L� - Deputy Clerk Wesley S. Davis, Chairman BCC Approved: July 7, 2009 Approved as to form and legal Sufficiency 'A/' William K. DeB •aal Deputy County Attorney SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE aw. ""—, " "" PCW PCw PDW i' = Bo' OrWN - iITL PROJECT NUMBER WP001053 DR)MITO NUMBER 10530108 _ r � Composite Exhibit "A" OWNERS: WILLIAM BETHEL SHEILA VOTZI LEGAL DESCRIPTION: PARCEL 108 A PARCEL OF LAND BEING THE SOUTH 118.00 FEET OF THE NORTH 148.00 FEET OF THE EAST 112.00 FEET OF 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, TOGETHER WITH: THAT PORTION OF SAID TRACT 9 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 112.00 FEET OF SAID TRACT 9 AND THE SOUTH LINE OF THE NORTH 30.00 FEET OF SAID TRACT 9; THENCE SOUTH 00'08'10" WEST, ALONG SAID WEST LINE, A DISTANCE OF 10.00 FEET; THENCE NORTH 44'52'32" EAST, A DISTANCE OF 14.14 FEET; THENCE SOUTH 89'53'14" EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. ALL SAID LANDS LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0.30 ACRES, MORE OR LESS SAID PARCEL OF LAND LYING WITHIN THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1469, PAGE 1499, 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, SAID LINE IS ASSUMED TO BEAR NORTH 0908'10" EAST. SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS—OF—WAY OF RECORD 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 NFORMATPURPOSES ONLY AND IS NOT VALID. 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 RY, .WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROR�EESSIONAL LANG SURVEYOR AND MAPPER 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: 1/15/07 REV 7/11/08 BEJ EASEMENTS OF RECORD. REV 4/8/09 BEJ ARCADIS M ARCADIS U.S., Inc. 8 1081 V6laPaAway Tel: IssllBsra000 Fac 1ss11BBr•ns1 C-) West Palm Beach, Flota 33411 x»vr.ares&,s=m ""—, " "" PCW PCw PDW i' = Bo' PCW SHEET TITLE ADDITIONAL R/W SHEEP I OF 2 PATE: (/15/07 DRAWN BY BEd PROJECT NUMBER WP001053 DR)MITO NUMBER 10530108 SKETCH TO ACCOMPANY DESCRIPTION, I THIS IS NOT A SURVEY! 112.00'ia Co 589'53'14"E / 10.00' P.O.B.\ LEGEND: f o� a D.B. - N 30.00' ROAD R/W [Y DETAIL "A" - POINT OF COMMENCEMENT NOT TO SCALE 60' SUB -LATERAL "A-8" CANAL o o INDIAN RIVER FARMS CO. PLAT OF LANDS 7P.B. 2, PG. 25, S.L.C.R. NDIAN RIVER COUNTY rn 53rd STREET B 17 8 n W N.E. CORNER OF920 M o SECTION 19-32-39 z rn oo z _ i I 49th STREET — I -oOF LINE STA: 284+98.50 OE TRACT 9 OFFSET: 93.00 L — N414.142'W 58122.0 ' o 14.14' 1 2.00' o M STA: 284+88.50 SEE z I OFFSET: 83.00 DETAIL "A" 2 w Im ^THIS SHEET a A PORTION OF TRACT 9 6 a I� P.B. 2, PG. 25, S.L.C.R. 112 9 o m �_ I 4875 66th AVENUE 5, ADDITIONAL M1 o I VERO BEACH, FL., 32967 m R/W o PID -32391900001009000001. z@ — — — — — — — — — — — — — N89'5314 Mi 3 o 50' R/W PER STATE OF FLORIDA -I STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE ARCADIS 0 ARCADIS U.S., Inc. 1081 vats pomm Tei:(561)6974000 Fas(561)691-1761 C.) West PVM BsaM, FbMa 334i1 x artedh+ .ma ADDITIONAL R/W SHEEP 2 OF 2 a 0 1, u 80' PCW Y,iE: DRAWN BY 1/15/07 BEJ 7ROJECt NUMBER IDRAWING NUMBER WP001053 11053SDI08 I STA: 283+80.50/ 112.00'ia LEGEND: OFFSET: 83.00 LI D.B. - DEED BOOK 30.00' ROAD R/W [Y P.O.C. - POINT OF COMMENCEMENT AS DETERMINED BY o o U P.O.B. - POINT OF BEGINNING+ NDIAN RIVER COUNTY W I P.B. - PG. - PLAT BOOK PAGE STA: 283+80.55 I W PID - PROPERTY INDENTIFICATION NUMBER OFFSET: 29.00 R Wo w I POT - POINT OF TANGENCYi S.L.C.R.- ST. LUCIE COUNTY RECORDS && STA - STATION t=il w - PINE TREE Eg 5 ® - UNKNOWN TREE WWI" Mi 3 o 50' R/W PER STATE OF FLORIDA -I STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. 88530, ROAD NO. 505 COUNTY ROAD 615, 66th AVENUE ARCADIS 0 ARCADIS U.S., Inc. 1081 vats pomm Tei:(561)6974000 Fas(561)691-1761 C.) West PVM BsaM, FbMa 334i1 x artedh+ .ma ADDITIONAL R/W SHEEP 2 OF 2 a 0 1, u 80' PCW Y,iE: DRAWN BY 1/15/07 BEJ 7ROJECt NUMBER IDRAWING NUMBER WP001053 11053SDI08