Loading...
HomeMy WebLinkAbout2017-007 1 I I RESOLUTION NO. 2017-_ML_ ' I I A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR 26TH STREET AND 52ND AVENUE RIGHT-OF-WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF- WAY FROM THE PARENT PARCEL (LOT 1, BLOCK C, DODGERTOWN SUBDIVISION, RECORDED IN PLAT BOOK 3, PAGE 49, OF THE PUBLIC REORDS OF INDIAN RIVER COUNTY, FLORIDA). I � WHEREAS, Michael Staller approached the County and offered to sell his property at 2605 52nd Avenue; and I WHEREAS, on October 13, 2016 Indian River County purchased Lot 1, j Block C of Dodgertown Subdivision from Michael Staller, for future road expansion I of 26th Street; said conveyance was recorded in Book 2973 at Page 1959 of the Public Records of Indian River County, Florida; and II WHEREAS,the purpose of purchasing the property at this time was to avoid i expert witness costs and attorney's fees that would be incurred through the I eminent domain process at the time the right-of-way was needed; and 1 I WHEREAS, the intent of the County is to now earmark by a formal i I document that portion of the property for right-of-way so that the remainder can be i re-sold and put back on the tax rolls; and i WHEREAS, a sketch and legal description of the right-of-way have been I prepared and are attached hereto as Exhibit "A"; and I 3120170007762 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH,CLERK OF COURT i INDIAN RIVER COUNTY FL 1 BK.3000 PG:2490 Page 1 of 7 2/13/2017 9:20 AM I Ii I RESOLUTION NO. 2017- 007 WHEREAS, a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated right-of- way from the parent parcel, thus alleviating any potential boundary issues that may surface in the future with respect to the re-selling of the remainder property identified in the attached Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner O'Bryan , and the motion was seconded by Commissioner zorc , and, upon being put to a vote, the vote was as follows: 2 i RESOLUTION NO. 2017- 007 Chairman Joseph E. Flescher AYE Vice Chairman Peter D. O'Bryan AYE Commissioner Susan Adams AYE Commissioner Tim Zorc AYE Commissioner Bob Solari AYE i The Chairman thereupon declared the resolution duly passed and adopted this stn day of February, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BQ O� Z :eY '01M o pht. Flesc er, Chair an oUN v�3a � s ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Ir4poty Clerk APPROVED AS TO FORM AM- LSUF4E8RAAWLL BY WILLIAM DEPUTY COUNTY ATTORNEY I - 3 ' Sh-etch and L&gal Description fora /ND/AN RIVER COUNTY _Legal Description (Right-of-Way Acquisition) BEING A PARCEL OF LAND LYING IN SECTION 33,TOWNSHIP 32 SOUTH,RANGE 39 EAST,INDIAN RIVER COUNTY FLORIDA,SAID PARCEL ALSO BEING A PORTION OF LOT 1,BLOCK"C",ACCORDING TO THE PLAT OF DODGERTOWN SUBDIVISION,AS RECORDED IN PLAT BOOK 3,PAGE 49,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA.SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00°39'58"EAST,ALONG THE WEST LINE OF SAID LOT 1,A DISTANCE OF 25.00 FEET,THENCE DEPARTING SAID WEST LINE,SOUTH 89"41'34" EAST,A DISTANCE OF 104.96 FEET,THENCE NORTH 45°29'14"EAST,A DISTANCE OF 35.47 FEET TO A POINT U ON THE THE EAST LINE OF SAID LOT 1,(SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF 52ND °N AVENUE,BEING A 70 FOOT WIDE RIGHT-OF-WAY)THENCE SOUTH 00°40'01"WEST,ALONG SAID EAST LINE AND SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 35.09 FEET TO THE BEGINNING OF A TANGENT o CURVE,CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 15.00 FEET,THENCE SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°38'24", A DISTANCE OF 23 47 FEET TO THE CURVES END AND A POINT ON THE SOUTH LINE OF SAID LOT 1 AND THE NORTH RIGHT-OF-WAY LINE OF 26TH STREET(WALKER AVENUE);THENCE NORTH 89°41'34"WEST,ALONG SAID = SOUTH LINE AND SAID NORTHERLY RIGHT-OF-WAY LINE(SAID LINE BEING 55.00 FEET NORTH OF AND PARALLEL WITH,AS MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE OF TRACT 14,SECTION 33, a TOWNSHIP 32 SOUTH,RANGE 39 EAST,AS SHOWN ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY,AS RECORDED IN PLAT BOOK 2,PAGE 25,OF THE PUBLIC RECORDS OF INDIAN N RIVER COUNTY,FLORIDA)A DISTANCE OF 115.05 FEET TO THE POINT OF BEGINNING. CONTAINING 3514 SQUARE FEET, (0.08 ACRES)MORE OR LESS Surveyor's Notes cy J 1).THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY Y cn INDIAN RIVER COUNTY ENGINEERING DEPARTMENT,JOB NO.1632,DATED DECEMBER 5,2016.TOGETHER WITH THE PLAT OF 9 DODGERTOWN SUBDIVISION,RECORDED IN PLAT BOOK 3,PAGE 49,PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA. N < 2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: 3 $ (A)PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS,WITH SHEET 2 SHOWING THE SKETCH AND LEGAL DESCRIPTION. 0 N (B)REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3 3).THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF TRACT 14 AS SHOWN ON THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,ST LUCIE,NOW INDIAN N RIVER COUNTY,FLORIDA.SAID LINE BEARS NORTH 89°41'34"WEST AND ALL OTHERS ARE RELATIVE THERETO Legend and Abbreviations Certification I.R.F W C.D = INDIAN RIVER FARMS (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL WATER CONTROL DISTRICT RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) L=LENGTH OF ARC (P)=PLAT I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY PBS = PLAT BOOK ST.LUCIE SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID N A=DELTA ANGLE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY,KNOWLEDGE AND a SQ.FT.=SQUARE FEET BELIEF R=RADIUS pe a ,�+ � ` h J(.r> R/W=RIGHT-OF-WAY I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION'MlrE'i±S THt'Sti:V�ARL)S OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROF SJll fir�AZ ROAti$D'0F ; SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLOIRIDA AL)MlfJIS i RA C[5 CODE, ' N PROVIDED IN ITS ENTIRETY CONSISTING OF 2 PURSUANT TO SECTION 472.027 FLORIDA STATE STA ES,��!,,,�� d, SHEETS WITH SHEET 2 BEING THE SKETCH OF u, DESCRIPTION DATE OF SIGNATURE DAVID:M:SILON w PROFESS" NAL SF VEYPRIAND MAF%PER This is not a Boundary Survey FCOR!iJ CERTIFICATE�O 6130 AGENCY: INDIAN RIVER COUNTY FL PUBLIC WORKS DEPT./ENG/NEER%NG DIV. Sketch and L ega/`t s�rivtior� w DATE: DRAWN BY: for./09 12 /16 R. /NGLETT N SCALE: APPROVED BY N/A D.SIL ON INDIAN RIVER COUNTY SHEET: 1 of 2 oe No: (260552ndAVENUE) 16.32 EXHIBIT "A" LL 1 Sretch and Legal Description for. INDIAN RIVER COUNTY LOT 11 LOT 2 --- -------70'-R/w ------------ S89'39'29"E — 129.96' - -- --- 5' UTILITY w w EASEMENT PER PLAT M F o -j DODGERTOWN SUBDIVISION C5 Wo r BLOCK "C" I � J I � r7 ill I U P.B. 3, PG.49 L J LOT 12 N I LOT 1 W wCO - oo uj -o�ni o o N a o Z �,� 0 N O ♦�� I O 5' UTILITY EASEMENT �� J Z^ PER PLAT ��• N A ? CA S89'41'34"E - 104.96' /(I o �=89'38'24" CONTAINING 3514 SQ.FT.± �' , 70' R/W N00039'58"E (0.08 ACRES±) R=15.00 ----------------------------- 25.00' L=23.47 SOUTH LINE OF LOT 1 NORTH R W LINE N89*41'34-W - 1 15.05 1 14'91_J ; _ POINT OF BEGINN/NG o SOUTHWEST CORNER LOT 1, BLOCK DODGERTOWN SUBDIVISION, PLAT BOOK 3, PAGE 49 0" �10 3 O;m� 1 1 z 2n;g n 26th STREET (WALKER A VE.) ui ,0- i 1 1 1 1 TOWNSHIP 32 SOUTHCn ; SOUTH LINE TRACT 14 m _ _ _ N89°41'34"W I.R.F.W.C.D. SUB-LATERAL'A-3'CANAL N TOWNSHIP 33 SOUTH (30'RNV PER P.B.S.2,PG 25) Cm N GRAPHIC SCALE a 30 0 30 Legend and Abbreviations 31 1 I.R.F.W C.D = INDIAN RIVER FARMS 0 WATER CONTROL DISTRICT d L=LENGTH OF ARC ; ® ( IN FEET ) (P)-PLAT II PBS = PLAT BOOK ST LUCIE 1 inch = 30 ft. A=DELTA ANGLE SQ.FT.=SQUARE FEET PROVIDED IN ITS ENTIRETY CONSISTING R=RADIUS W OF 2 SHEETS WITH SHEET 2 BEING THE RNV=RIGHT-OF-WAY , cc EL This is not a Boundary Survey SKETCH OF DESCRIPTION Z , AGENCY: SND1AN RIVER COUNTY, FL z PUBLIC WORKS DEPT./ENGINEERING DIV. Sketch and L ega/Description W DATE: DRAWN BY: 12/09/16 R. /NGYETT /1 fol. s N SCALE: APPROVED BY: D.SIL INDIAN RIVER COUNTY 3 , �EET- 2 of 2 OB NO: (260552ndAVENUE) 1632 LL Sketch and Lega/Description fol.� INDIAN RIVER COUNTY Legal Description (Lot 1, Block "C"Remainder) BEING ALL OF LOT 1,BLOCK"C",ACCORDING TO THE PLAT OF DODGERTOWN SUBDIVISION,AS RECORDED IN PLAT BOOK 3,PAGE 49,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA. Less and Except the Following Described Parcel: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1,THENCE NORTH 00°39'58"EAST,ALONG THE WEST N LINE OF SAID LOT 1,A DISTANCE OF 25.00 FEET,THENCE DEPARTING SAID WEST LINE,SOUTH 89°41'34" o EAST,A DISTANCE OF 104.96 FEET,THENCE NORTH 45°29'14"EAST,A DISTANCE OF 35.47 FEET TO A POINT n_ ON THE THE EAST LINE OF SAID LOT 1,(SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF 52ND AVENUE,BEING A 70 FOOT WIDE RIGHT-OF-WAY)THENCE SOUTH 00°40'01"WEST,ALONG THE SAID EAST LINE AND SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 35.09 FEET TO THE BEGINNING OF A a TANGENT CURVE,CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 15.00 FEET,THENCE = SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF a 89°38'24", A DISTANCE OF 23.47 FEET TO THE CURVES END AND A POINT ON THE SOUTH LINE OF SAID LOT 1 p AND THE NORTH RIGHT-OF-WAY LINE OF 26TH STREET(WALKER AVENUE);THENCE NORTH 89°41'34"WEST, N ALONG SAID SOUTH LINE AND SAID NORTHERLY RIGHT-OF-WAY LINE(SAID LINE BEING 55.00 FEET NORTH OF AND PARALLEL WITH,AS MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE OF TRACT 14,SECTION 33, TOWNSHIP 32 SOUTH,RANGE 39 EAST,AS SHOWN ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY,AS RECORDED IN PLAT BOOK 2,PAGE 25,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA)A DISTANCE OF 115.05 FEET TO THE POINT OF BEGINNING. 3 CONTAINING 12,082 SQUARE FEET, (0.28 ACRES)MORE OR LESS J Y Surveyor's Notes d 1).THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY INDIAN RIVER COUNTY ENGINEERING DEPARTMENT,JOB NO 1632,DATED DECEMBER 5,2016.TOGETHER WITH THE PLAT OF DODGERTOWN SUBDIVISION,RECORDED IN PLAT BOOK 3,PAGE 49,PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA. i N a 2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: 3 of (A)PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS,WITH SHEET 2 SHOWING THE N SKETCH AND LEGAL DESCRIPTION. s (B)REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3 3).THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF TRACT 14 AS SHOWN ON THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,ST LUCIE,NOW INDIAN N RIVER COUNTY,FLORIDA.SAID LINE BEARS NORTH 89°41'34"WEST AND ALL OTHERS ARE RELATIVE THERETO z Legend and Abbreviations Certification g I.R.F W C.D. = INDIAN RIVER FARMS (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL N WATER CONTROL DISTRICT RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) L=LENGTH OF ARC (P)=PLAT I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY PBS = PLAT BOOK ST LUCIE SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID N O=DELTA ANGLE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND SQ.FT =SQUARE FEET BELIEF r o R=RADIUS ��. a RNV=RIGHT-OF-WAY I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION'MF.*\S,;TI E pSi~'F.tV13.ARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROF SS10 'Al. B`JAR?`-F t SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA AD1AkISTRfk 3'✓Y BODE, PROVIDED IN ITS ENTIRETY CONSISTING OF 2 PURSUANT TO SECTION 472.027 FLORIDA STATE STMTES..-il, SHEETS WITH SHEET 2 BEING THE SKETCH OF Z_I Z- 2©�� /I" ai v, DESCRIPTION ` DATE OF SIGNATURE , ?AVID M.SILON o FI_6f PROFESSIONAL S61�--�V•ICATE NOS ORI?�fD MAP.`?ER �CERTIF6139 a This is not a Boundary Survey • _ �t, �, ,• AGENCY: /ND/AN RIVER COUNTY, FL z Pu8uc WORKS DEPT./ENG/Numm D/V Sketch al7d L eq�/�escrir�tior� W DATE: DRAWN BY: fib,r. 12/06/16 R. /NGLETT N SCALE: N/A APPROVED BY: /ND/AN RIVER COUNTY AS/LON SHEET: JOB No: (2605 52n d A VENUE) 1 OF 2 16.32 EXHIBIT "B" LL Stretch and Leg/a/Description for.- INDIAN RIVER COUNTY LOT 11 LOT 2 70' R/W /S89'39'29"E — 129.96' 5' UllLITY/ EASEMENT M Z o PER PLAT Oal i jSLOT 1 I ' LOT 12 �, DODGERTOWN SUBDIVISION 3 Z o v I BLOCK "C" OLO W I- a N W P.B. 3, PG.49 O o �I I � CONTAINING 12,082 SQ.FT.±/ O N M (0.28 ACRESt) (C) o N I �n O Z %fie' N ui Z 5' UTILITY EASEMENT 4j� 7 PER PLAT �� w p 3 S89'41'34"E — 104.96' o m LESS AND EXCEPTi 0=8938'24" 70' R 1 N00'39'58"E CONTAINING 3514 SQ.FT.t i R=15.00 ----------------------------- 25.00' (0.08 ACRESt) L=23.47' +0 y \\\ la SOUTH LINE OF LOT 1 NORTH R W LINE + iq g� N89'41'34"W - 115.05' POINT OF BEGINNING 00 s LESS AND EXCEPT SOUTHWEST CORNER LOT 1, BLOCK "C" p DODGERTOWN SUBDIVISION, m w PLAT BOOK 3, PAGE 49 i + + ui a a 26th STREET (WALKER A VE.) TOWNSHIP 32 SOUTH ; f SOUTH LINE TRACT 14 N89°41'34"W I.R.F.W.C.D. SUB-LATERAL'A-3'CANAL N TOWNSHIP 33 SOUTH (30'RNV PER P.B.S.2,PG 25) N GRAPHIC SCALE Q 30 0 -30 Legend and Abbreviations I.R.F W C.D = INDIAN RIVER FARMS WATER CONTROL DISTRICT 0 L=LENGTH OF ARC (P)=PLAT ® IN FEET ® ) PBS = PLAT BOOK ST LUCIE i 1 inch = 30 ft. A=DELTAANGLE SQ.FT =SQUARE FEET PROVIDED IN ITS ENTIRETY CONSISTING R=RADIUS w R/W=RIGHT-OF-WAY OF 2 SHEETS WITH SHEET 2 BEING THE This is not a Boundary Survey SKETCH OF DESCRIPTION Z AGENCY: IN,01A RI VER COUNTY, R z PUBLIC WORKS DEPT./ENG/NEER/NG D/V Sketch and L ega/Description W DATE: DRAWN BY: 12/06/16 R, /NGLETT for W SCALE: APPROVED BY: INDIANR/VER COUNTY' 10.SIL ON SHEET: JOB NO: (2605 52n or A VENUE) 2 OF 2 1632 LL � i