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Home My WebLink About1991-030ANNIIINNE ,•7 / RESOLUTION NO. 91-30. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING THE ACQUISITION OF A RIGHT-OF-WAY FOR THE EXTENSION OF INDIAN RIVER BOULEVARD FROM BARBER AVENUE (37TH STREET) TO 53RD STREET, INDIAN RIVER COUNTY, FLORIDA, TO BE A PUBLIC NECESSITY; AND DECLARING THAT IT IS IN THE PUBLIC INTEREST TO LIMIT THE RISING COSTS TO INDIAN RIVER COUNTY BY ACQUIRING A NECESSARY REMAINDER; AND AUTHORISING THE ACQUISITION OF THE RIGHT-OF-WAY AND A NECESSARY REMAINDER. WHEREAS, for the purposes of relieving traffic congestion and providing alternate roadway routes within Indian River County; and WHEREAS, the County Public Works Director, after reviewing possible alternatives, has recommended that Indian River County acquire certain parcels of real property in fee simple absolute title for providing a road right-of-way essential for construction of Indian River Boulevard from Barber Avenue (37th Street) to 53rd Street; and WHEREAS, the aforesaid acquisition is in the best interest of the people of Indian River County and is for a county and public purpose, to wit: for providing a right-of- way essential for the construction of Indian River Boulevard from Barber Avenue (37th Street) to 53rd Street; 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 real property that Indian River County requires for the needed right-of-way is described in Exhibit One (1) A and a necessary remainder is described in Exhibit One (1) B attached hereto and by reference incorporated herein; and WHEREAS, limiting the rising costs to Indian River County is a public purpose and without that limitation the viability of many public projects will be threatened; and A RESOLUTION NO. 91 - WHEREAS, based in part upon an initial offering appraisal and other information available, the cost to Indian River County in acquiring the property described in Exhibits One (1) A and One (1) B may be equal to or leas than the cost of acquiring the property described in Exhibit One (1) A; and WHEREAS, it is in the best interest of Indian River County to acquire the property described in Exhibits One (1) A and One (1) B if, based in part upon an initial offering appraisal and other information available, the cost of acquiring the property described in Exhibits One (1) A and One (1) B will be equal to or less than acquiring the property described in Exhibit One (1) A; and 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. The acquisition of the fee simple absolute title in the parcels of real property described in Exhibits One (1) A and One (1) B is hereby found and determined to be necessary for the aforesaid reasons, uses, and purposes. 3. Upon determination of the County Administrator that the cost in acquiring the property described in Exhibits One (1) A and One (1) B is equal to or less than the cost of acquiring the property described in Exhibit One (1) A, the County Attorney, his assistant, or designee is authorized to acquire property described in Exhibits One (1) A and One (1) B. 4. 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, the fee simple absolute title in the parcels of real property 2 0 O a) RESOLUTION NO. 91- 31) described in Exhibits One (1) A and One (1) B. In acquiring the property described in Exhibits One (1) A and One (1) B, 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. 5. 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 Scurlock offered the foregoing resolution, and moved for its adoption. Commissioner Bowman seconded the motion, and upon being put to a vote, the vote was as follows: Chairman Richard N. Bird A e Vice Chairman Gary C. Wheeler Abb-rit Commissioner Margaret C. Bowman Aye Commissioner Carolyn R. Eggert Aye Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted at public meeting this 12 day of March , 1991. ATTEST:�` .. By Jeff ey K. Barton Clerk 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird, Chairman India Farr Co Approved Oa le Admin. ragilliMr��-al�� Legal a/�r�y�fill Budget `a�'ff�- oepl. CON.111101/1�G7� Rich Mgr, rte,, Rr(7g- 4 111 2/22/90 EXHIBIT "1-A" Legal DescripTTon RIGHT-OF-WAY Commence at a railroad spike reported to be the South } corner of Section 25, Township 32 South, Range 39 East, and run along the section line N89°44'30"E 906.87 feet to a concrete monument. Then run N44°56'05"W 77.35 feet to a point In the North line of Barber Street and POINT OF BEGINNING. Then run N44°56'05"W 234.99 feet to a point Tying 686.49 feet East of the West line of the SEk of Section 25. Then run N00°03'30"W, parallel with the said West line of the SE} of Section 25, 283.48 feet to a point. Then run S44°56'05"E 408.64 feet to a point. Then run S53°01'45"E 264.45 feet to a point In the North line of Barber Street. Then run S89°44'30"W 333.65 feet to the POINT OF BEGINNING. Containing 2.09 acres, lying in Indian River County, Florida. 2/22/90 EXHIBIT "1-B" Legal Description REMAINDER Commence at a railroad spike reported to be the South corner of Section 25, Township 32 South, Range 39 East, and run along the section line N89°44130"E 686.49 feet to a point. Then run N00°03'30"W, parallel with the West line of the SE* of said section, 55.00 feet to the North line of Barber Street and the POINT OF BEGINNING. Then run N00°03'30"W 167.10 feet to a point. Then run S44°56'05"E 234.99 feet to a point in the North line of Barber Street. Then run Along the North line S89°44'30"W 165.81 feet to the POINT OF BEGINNING. Containing 0.32 acres, Tying in Indian River County, Florida.