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Home My WebLink About1991-0131/30/91(DOCS1)LEGAL(TPO/sb) RESOLUTION NO. 91-13 A RESOLUTION OF THE BOARD OF COUNTY FLORIDA,ISSIONERS OF INDIAN RIVER C, FLDECLARING THE ACQUISITIONOUNTYFOR A COURTHOUSE AND RELATED FUNCTIONS OF CERTAIN LOTS IN BLOCK 44 AND 45 ORIGINAL TOWN OF VERO, INDIAN RIVER COUNTY, FLORIDA, TO BE A PUBLIC PURPOSE AND A PUBLIC NECESSITY; AND AUTHORIZING THE ACQUISITION OF SAID LOTS BY DONATION, PURCHASE OR EMINENT DOMAIN. WHEREAS, the County Administrator, after reviewing possible alternatives, has recommended that Indian River County acquire title to certain parcels of real property In fee simple absolute for providing a courthouse, parking facilities and other related functions; 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 courthouse with adequate parking for employees and citizens utilizing the courthouse; and WHEREAS, for the aforesaid reasons and purposes, Indian River County's acquisition of the fee simple absolute title in certain parcels of real property is necessary; and WHEREAS, the specific parcels of real property that Indian River County needs to acquire for providing the courthouse, needed parking and other related functions are set forth in Attachment "A" to this resolution; and WHEREAS, there are no mobile homes on the properties sought to be acquired, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. This Board hereby adopts and ratifies those matters set forth in the foregoing recitals. 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. 1 E. RESOLUTION 91-13 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 (Chapters 73 and 74, F.S.), the fee simple absolute title in the parcels of real property described in Attachment "A". in acquiring the described parcels, 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 action or actions as are reasonably necessary to fully and completely accomplish the purposes hereinabove authorized and directed. Commissioner — theale =— offered the foregoing resolution, and moved for its adoption. Commissioner Scurlock — seconded the motion, and upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Commissioner Margaret C. Bowman' Commissioner Don C. Scurlock, Jr. Commissioner Carolyn K. Eggert 40 -- The Chairman thereupon declared the resolution duly passed and adopted at public meeting this —5th day of �ld�JX , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By RTc> a ra�-M ATtF�ST :. By 7e) rey, 57iaa--CTerk 2 inmaan.r,; c, Aeoroved Daioo Admin -1.eegad [ludgei 1-6-„--,7 Risk Mgr. 0 0 Cr) • ATTACHMENT "A" PROPERTY TO BE ACQUIRED FOR NEW COURTHOUSE AND RELATED FUNCTIONS Block and Lot Owner 44-162 44-3 44-465 44- 10611 44 - 12 6 13 44 - 14 45-162 Vero Limited Partnership Davidson Whitfield James 6 William Harshbarger Patricia Langbehn Bernice Meyer Vero Limited Partnership Property Holdings Remote Drive-in Teller Facility Two Story Apartment Building Two Story Residence One Story Residence/ Flower Shop Two Story Residence 8 -Space Parking Lot 45 - No.17'of Lot 3 Bloomfield Vero Corp. c/o Ed Schlitt-Trustee Ennis 6 Gay Proctor 45 - So.33' of Dr. Robert Moore Lot 3 45 - 4, 5, 11 45-667 45-869 45-10 45 - 12, east 75' of Lots 13 6 14 Vero Limited Partnership S. R. Hubbard Nicholas Limberis Janice Diggs Vero Beach Printing Co. 45 - west 50' of Bernard 6 Norma Tedeson Lots 13 6 14 Professional Office Bldg. Office Bldg. Medical Office Bldg. Parking Lots Professional Ofc. Bldg. Retail/Office Bldg. Two Story Residence Office/Warehouse Medical Ofc. Bldg. All of the above properties are located in ORIGINAL TOWN OF VERO S/D as shown on the plat of Platbook 2, Page 12 of the public records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida IM 0 0 0) STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS 1S A TRUE AND CORRECT COP F THE ORIGI L. 1 / BART • CLERK ®Y bAT[ V clerk /—a-7� RECORD VERIFIED JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FLA IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA. CASE NO. 910639 CA -05 JUDGE: Charles E. Smith c INDIAN RIVER COUNTY, a political subdivision of the State of Florida, Petitioner, vs. S. R. HUBBARD a/k/a SEABORN R. HUBBARD a/k/a RUDY HUBBARD and SALLY E. HUBBARD, his wife; and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF FORT PIERCE n/k/a HARBOR FEDERAL SAVINGS AND LOAN ASSOCIATION, Respondents. IICYMfifARy STAMPS t - G JEFFREY K. BARTON, CLERK INDIAN RIVER COUNTY Q 0 ORDER OF TAKING THIS CAUSE was heard on December 19, 1991, and it appearing that proper notice was first given to all Respondents and all persons having or claiming equity, lien, title or other interest In or to the property described herein, that the Petitioner would apply to this Court on December 19, 1991 for an Order of Taking, and the Court having been fully advised in the premises, it Is hereby ADJUDGED as follows: 1 r O O 0) 1. That the Court has jurisdiction over the subject matter of, and the parties to, this cause. 2. That the pleadings in this cause are sufficient, and that the Petitioner is properly exercising its delegated authority._ 3. That the estimate of value in this cause by the Petitioner was made in good faith, and based upon a valid appraisal. 4. That the Petitioner is entitled to the vesting of title and possession, prior to the entry of a Final Judgment, pursuant to Chapter 74, Florida Statutes, to the following described property: Lots 6 and 7, Block 45, ORIGINAL TOWN OF VERO (a/k/a TOWN OF INDIAN RIVER), according to the plat thereof, as recorded in Plat Book 2, page 12, of the public records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. 5. That upon making payment into the registry of this Court of the deposit hereinafter specified, the title interest specified in the Petition in Eminent Domain in this cause for the parcel described herein shall vest in the Petitioner and that said deposit of money will fully secure and fully compensate the persons lawfully entitled to compensation as will be ultimately determined by the Final Judgment of this Court, which said sum of money is no Less than the amount of Petitioner's good faith estimate of value as determined in accordance with Florida Statutes, Section 74.031. 6. That the sum of money, in the amount of Two hundred Forty Thousand and No/100 Dollars ($290,000.00) for the above described property, shall be deposited into the registry of this Court within twenty (20) days after the date of this Order, and upon making such deposit, the 2 Petitioner shall notify, in writing, all attorneys of record and those Respondents not represented by counsel that the deposit has been made, and that upon deposit, the Petitioner shall be entitled to possession of and title to the property described in the Petition in Eminent Domain without further notice or order of this Court. 7. If the Petitioner shall default in the depositing of said sum of money within the time provided, this Order shall be void and of no further force or effect. ORDERED in Chambers (or open Court) at the Indian River County Courthouse, Indian River County, Florida this 19th day of December, 1991. Charles E. Sm(h. Circuit Court Judge Copies furnished to: Terrence P. O'Brien Assistant County Attorney 1840 25th Street Vero Beach, Florida 32960 William G. Collins II Assistant County Attorney 1840 25th Street Vero Beach, Florida 32960 Eugene J. O'Neill, Esq. Gould, Cooksey, Fennell, Burkett, O'Neill & Marine 979 Beachland Boulevard Vero Beach, Florida 32963 c Michael J. Brown, Chief Executive Officer O Harbor Federal Savings and Loan Association 1.!.D 100 South Second Street — Fort Pierce, Florida 34950 �o c; , IN) Ui 3 G�7 19 -twp-F rJu tG smi' CI' FLORIDA 9ii.All RIVER COUNTY 11419 Ila TO CERTIFY THAT 11119 I9 A TRUE AND CORRECT coli OF THE ORIGINAL. J.K. AR , N. CLERK Depot INDIAN RIVER COUNTY, a political subdivision of the State of Florida, /—— yr RECORD VERIFIED JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FLA IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN' RIVER COUNTY, FLORIDA. CASE NO. 910639 CA -05 JUDGE: Charles E. Smith Petitioner, V8. S. R. IIUBBARD a/k/a SEABORN R. HUBBARD a/k/a RUDY HUBBARD and SALLY E. HUBBARD, his wife, Respondents. CERTIFICATE OF CLERK act Iv The undersigned Clerk of the above -entitled Court does hereby certify that the sum of money as named in the Order of Taking entered in the above -styled cause on December 19, 1991 in the sum of $240,000.00 was paid into the Registry of This Court by INDIAN RIVER COUNTY on January 2, 1992. WITNESS MY HAND AND OFFICIAL SEAL on this 2nd day of January, 1992. JEFFREY K. BARTON, CLERK OF CIRCUIT COURT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA By•//..L17-fJ r Deputy ClerIck ( (SEAL)