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HomeMy WebLinkAbout2016-025RESOLUTION 2016- 025 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE A PERMANENT SLOPE EASEMENT ON, UNDER AND OVER CERTAIN REAL PROPERTY FOR THE PUBLIC PURPOSES OF IMPROVING AND CONSTRUCTING 53RD STREET, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE A PERMANENT SLOPE EASEMENT IN AND TO THE PROPERTY LEGALLY DESCRIBED ON ATTACHED EXHIBIT "A" BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS Indian River County population has steadily increased over the last 30 years; 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 east/west arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on State Road 60 and other arterial east/west roadways within the transportation network in Indian River County by widening and reconstructing 53" Street; and WHEREAS the Indian River County Long Range Transportation Plan included the construction of 53`d Street as a major east/west arterial roadway; and WHEREAS the Board of County Commissioners has considered factors, including, but not limited to, safety, costs, alternate routes or methodologies, long range plans and the environment, as applicable to this parcel; and 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 a permanent slope easement on, over and under the real property more particularly described in Exhibit "A" in order to provide for the lateral support of the new roadway and to harmonize the roadway with abutting lands for the improvement and the construction of 5' )rd Street; 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, 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. RESOLUTION 2016- 025 SECTION 2. Indian River County finds it necessary and in the public interest to acquire a nonexclusive, permanent slope easement on, over and under the real property described in Exhibit "A", attached hereto and incorporated herein by reference, for the purposes of providing lateral support to the 53`d Street Extension roadway and in order to harmonize said roadway improvements with abutting lands for improving and constructing 53`d Street in order to provide for the health, safety and welfare of the growing population of Indian River County. Said easement shall be used by the County to permanently place or install soil, sand and other fill material necessary in the County's discretion, over, on, under, through and across the easement area. The County shall have the permanent right to enter the easement area in order to repair, replace and maintain the easement area and materials placed thereon. The abutting owner, and his successors and assigns, shall have full use of said easement area, provided, said owner(s) shall be permanently prohibited from removing or interfering with the operation, functioning, maintenance or repair of the fill materials or improvements placed on the easement area by 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 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 Statutes 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. The resolution was moved for adoption by Commissioner Flescher , and the motion was seconded by Commissioner . p'gna , and, upon being put to a vote, the vote was as follows: Bob Solari, Chairman AYE Joseph E. Flescher, Vice Chairman AYE Wesley S. Davis, Commissioner AYE Peter D. O'Bryan, Commissioner AYE Tim Zorc, Commissioner AYE The Chairman thereupon declared the resolution duly passed and adopted this 15th day of March, 2016. 2 RESOLUTION 2016 - ATTEST: Jeffrey R. Smith, Clerk of the Circuit Court and Coftp ro t Her B D pu C Approved as to form And legal sufficiency: By:#", OP William K. DeBraal Deputy County Attorney BOARD OF COUNTY COMMISSIO INDIAN RIVER COUNTY, FLORID. BY: 39-& Bob Solari, Chairman BCC approved: March 15, 2016 A PORTION OF THOSE LANDS DESCRIBED IN O.R.B. 1129, PG. 1611 AND O.R.B. 243, PG. 286 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID LAND LYING IN THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, SAID POINT LYING ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF 53RD STREET, AND RUN EASTERLY, ALONG THE SAID NORTH LINE OF SECTION 22, A DISTANCE OF 404.07 FEET TO A POINT, SAID POINT BEING THE N.W. CORNER OF PROPERTY DEEDED TO TARMAC AMERICA L.L.C. RECORDED IN 0 R.B. 2015, PG. 280 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHEASTERLY, ALONG THE WEST LINE OF SAID Q.R.B. 2015, PG. 280, A DISTANCE OF 103.8 FEET, MORE OR LESS, TO A POINT LYING 100 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 22; THENCE RUN WESTERLY, ALONG A LINE PARALLEL WITH AND 100 FEET SOUTH OF THE NORTH LINE OF SECTION 22, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "H" CANAL (160` R/W PER INDIAN RIVER FARMS DRAINAGE DISTRICT PLAN OF RECLAMATION MAP DATED MARCH 1920); THENCE RUN NORTHWESTERLY, ALONG THE SAID EAST RIGHT-OF-WAY LINE OF THE LATERAL "H" CANAL, A DISTANCE OF 111.6 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID SECTION 22 AND THE EXISTING SOUTH RIGHT-OF-WAY LINE OF 53RD STREET; THENCE RUN EASTERLY, ALONG THE SAID NORTH LINE OF SECTION 22 AND THE EXISTING SOUTH RIGHT-OF-WAY LINE OF 53RD STREET, TO THE POINT OF BEGINNING. CONTAINING 124,724 SQUARE FEET, MORE OR LESS, OR 2.86 ACRES. NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. EXHIBIT "A"