HomeMy WebLinkAbout1995-02914 07, +1 9/1/Y8((r�a/aoQulnit. doo)Owj
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RESOLUTION NO. 95- 2 9
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DECLARING THE ACQUISITION FOR
ROAD RIGHT OF WAY OF A .29 -ACRE PARCEL
ON 28TH STREET WEST OF 88TH AVENUE
INDIAN RIVER COUNTY, FLORIDA, TO BE A
PUBLIC PURPOSE AND A PUBLIC NECESSITY;
AND AUTHORIZING THE ACQUISITION OF SAID
PARCEL BY DONATION, PURCHASE, OR
EMINENT DOMAIN.
WHEREAS, the County has completed engineering design for
paving 26th Street between 66th Avenue and Village Green Mobile
Home Park; and
WHEREAS, in order to construct a safe road the County has
acquired an additional 30 -foot wide right of way north of the existing
30 -foot road right of way along the one-half mile section, except for
the Frank Bates Grove property; and and
WHEREAS, the acquisition of a portion of the Frank Bates Grove
property for road right of way is essential to completion of the
project; and
WHEREAS, the aforesaid acquisition is in the best interest of the
people of Indian River County and is reasonably necessary for a
county and public purpose, to wit: for providing a safe paved road
for citizens utilizing this street; and
WHEREAS, for the aforesaid reasons and purposes, Indian River
County's acquisition of the fee simple absolute title in this parcel of
real property is necessary; and
WHEREAS, the specific parcel of real property that Indian River
County needs to acquire for providing the safe paved road is set
forth in attachment A; and
WHEREAS, there are no mobile homes on the properties sought to
be acquired.
that:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
1. The Board of County Commissioners hereby adopts and
ratifies those matters set forth in the foregoing recitals.
1
RESOLUTION NO. 95- 29
2. Indian River County's acquisition of the fee simple absolute
title in the parcels of real property described in Attachment "A" is
hereby found and determined to be necessary for the aforesaid
reasons, uses, and purposes with acquisition by eminent domain to be
made as authorized by Sections 127.01 and 127.02, F.S.
3. The County Attorney, his assistant, or designee is hereby
authorized and directed to take whatever steps are necessary for
Indian River County to acquire in its own name, by donation,
purchase, or eminent domain proceedings (Chapter 73 and 74, F.S.),
the fee simple absolute title in the parcel of real property described
in Attachment "A". In acquiring the described parcel, the County
Attorney, his assistant, or designee is authorized and directed to
prepare, in the name of Indian River County, a declaration of taking,
any and all papers or pleadings, or any other instrument or
instruments. In acquiring these parcels the County Attorney, his
assistant, or designee is further authorized and directed to prosecute
any lawsuit or lawsuits to final judgment, and to defend or prosecute,
if necessary, any appeal, either interlocutory or final.
4. The County Attorney, his assistant, or designee is hereby
authorized and directed to take such further actions as are
reasonably necessary to fully and completely accomplish the purposes
hereinabove authorized and directed.
The resolution was moved to adoption by Commissioner
Eggert and the motion was seconded by Commissioner
Bird , and, upon being put to a vote, the vote was as
follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this' _21_ day of February , 1995.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN R ER COUNT FLORIDA
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By
Je .Barton, 00
KENNETH R. MACHT "87
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ATTACHMENT "A"
LEGAL DESCRIPTION
or
Tract 15-1.0
Walker Avenue
Frank Bates Groves, Inc.
3659 1st Street SW
Vero Beach, Florida 32962
LEGAL DESCRIPTION for additional Right -of -Way for 26th Street:
The North 30 feet of the South 60 feet of the West 10
acres Tract 15, Section 31, Township 32 South, Range 39
East as designated in the last general plat of lands in
Indian River Farms Company; filed in the Office of the
Clerk of Circuit Court of St. Lucie County, Florida, Plat
Book 2, Page 25, now part of the Public Records of Indian
River County, Florida;
said land now lying and being in Indian River County and
containing 0.23 acres, more or less.
LGL -0705. DGF