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HomeMy WebLinkAbout2018-079 7 , RESOLUTION NO. 2018 079 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR USE AS RIGHT- OF-WAY, AND TO REQUEST THAT THE INDIAN RIVER COUNTY PROPERTY APPRAISER EARMARK ANY MAPS WITHIN THE PROPERTY APPRAISER'S OFFICE TO REFLECT THIS DESIGNATION. WHEREAS, on August 14, 2018 Indian River County (County) entered into an "Agreement Concerning Access and Other Rights Under 1980 Agreement"with Florida Institute of Technology, Inc., a Florida corporation not for profit (Florida Tech) where it was agreed upon, among other things, that the County would designate the use of its property described in Exhibit"A" attached hereto, as public right-of-way for the extension of 46th Place; and WHEREAS, it was further agreed that should County abandon all or any portion of the use of the property described in the attached Exhibit "A" as a public right-of-way, that County shall grant a perpetual non-exclusive easement to Florida Tech, its successors and assigns, for ingress and egress over that portion of the property where the public use as a right-of-way has been abandoned; and WHEREAS, the intent of the County is to now earmark by a formal document that the use of the property described in the attached Exhibit "A" is for public right-of-way for the extension of 46th Place; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this property as right-of-way_identified_in-the-attached 3120180050907 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL 1 BK: 3141 PG:2298 Page 1 of 5 8/16/2018 3:52 PM 3 9 , RESOLUTION NO. 2018- 429_ 29_ Exhibit"A"so that the Indian River County Property Appraiser can earmark the use of the property as right-of-way on the appropriate maps, in order to avoid any confusion in later years, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The use of the property as described and depicted on the attached Exhibit "A," is hereby formally designated as a public right-of-way for the extension of 46th Place; 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 requested to earmark any maps within the Property Appraiser's Office to reflect the use of the property described in Exhibit "A" as a public right-of-way designation. The resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner Zorc , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice Chairman Bob Solari AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Tim Zorc AYE 2 RESOLUTION NO. 2018- 079 The Chairman thereupon declared the resolution duly passed and adopted this 14 day of August, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA •.•..Go�*M!ssro,yF9'••, ByP.L.& :661S' i V s /.4„, Peter D. O'Bryan, Chair an 1, E o •�.• ''•o'vRIYER 0.-•'•. ATTEST: Jeffrey R. Smith, Clerk of . ourt and • ptroller By/ Dep APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 3 - Sketch and Legal Description for/ND/AN RIVER COUNTY Legal Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station)Section 20,Township 32 South, Range 40 East, Indian River County Florida,said parcel being more particularly described as follows: • Commence at the Southwest corner of said Section 20;Thence North 89°43'34" East,along the South line of said Section 20, a distance of 347.03 feet to the Southwest corner of the East 10 Acres of said Section 20, said point also being the Southwest corner of the aforementioned Government Tracking Station;Thence North 00°16'29"East,along the West line of the Said East 10 Acres and Government Tracking Station,a distance of 212.00 feet to the Point of Beginning of the following described Parcel: Thence continue North 00°16'29"East,a distance of 35.00 feet;Thence departing said West line,South 89°12'31"East,a distance of 115.94 feet;Thence South 00°10'55"West,a distance of 35.00 feet;Thence North 89°12'31"West, a distance of 116.00 feet to the aforementioned West line and the Point of Beginning. Containing 4045 Square Feet, more or less Surveyor's Notes 1).This Sketch and Legal Description was prepared with the benefit of Boundary Survey prepared by William B.Zentz&Associates,Inc.,Job No.101-454,Dated November 21,2008. 2).This legal description shall not be valid unless: (a)Provided In its entirety consisting of 2 sheets,with sheet 2 showing the sketch of the description. (b)Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3).The Bearings shown hereon are assumed and Referenced to the South line of Section 20, Township 32 South,Range 40 East.Said line bears North 89°43'34°East and all others are relative thereto. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS • WATER CONTROL DISTRICT L =LENGTH OF ARC Certification LLC =LIMITED LIABILITY COMPANY (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL O.R.B. =OFFICIAL RECORD BOOK RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) (P) =PLAT P.B. =PLAT BOOK I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY PGE =PAGE SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PBS = PLAT BOOK ST.LUCIE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND A. =DELTA ANGLE BELIEF. SQ.FT. =SQUARE FEET • R =RANGE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF WW =RIGHT-OF-WAY PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF T =TOWNSHIP SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FL•-IDA ADMINISTRATIVE CODE, T.I.I.F. =TRUSTEES OF THE INTERNAL PURS ANT TO SECTION 472.027 FLORIDA STATE ST' . IMPROVEMENT FUND Le / TRS =TRUSTEES to atn A. t'� DA E O SIGNATURE , i �" 'f YVER PROFESSIONAL SURVE •R AND MAPPER FLORIDA CERTIFICATE NO.4864 AGENCY: /ND/AN RIVER COUNTY, FL PUBLIC WORKS DEPT./£NG/NEER/NG DI! Sketch and Legal Descriction DATE: DRAWN BY: 6/26/18 R. /NGLETT • for SCALE: N/A APPROVED D.SCHRYVER /ND/ANR/V,ER COUNTY SHEET: JOB NO: 1 OF 2 1040 EXHIBIT "A" , . r-, Sketch and Legal Description for INDIAN RIVER COUNTY 32-40-20-00021-0000-00001.0 JEC FUNDING INC. I SITE ADDRESS: 5052 HIGHWAY A1A I32-40-20-00000-0001-00003.0 O.R.B. 1773, PG. 548 INDIAN RIVER COUNTY SITE ADDRESS: 800 46th PLACE _RIGHT-OF-WAY LINE S89'12'31"E — 115.94' e GI rn. 0 N p O cD O ONTAINING 4059 SO.FT.t U1 ' O 46th PLACE o M00 Gm z N89'12'31"W — 116.00' // POINT OF BEGINNING RIGHT-OF-WAY UNE 32-40-20-00000-0001-00004.0 o a ^z FLORIDA INSTITUTE OF TECHNOLOGY, INC. mill' co a of SITE ADDRESS: 805 46th PLACE $J>- 2 O.R.B. 611, PG. 419 N o-r3crnv ' 62 „Joy- ol 'c-5S 0Lc 0 0 c7,18)- • NOT TO SCALE oOLoN Ii51 SECTION 20, T32S, R4OE ©��N P o GOVERNMENT LOT 1 0� e .oNm cp O w PO In � W POINT OF COMMENCEMENT SOWNWEST CORNER Legend and Abbreviations 20, SECTION 20, T32S, R40E I.R.F.W.C.D_ = INDIAN RIVER FARMS PBS = PLAT BOOK ST.LUCIE 19 20 N89'43'34"E-347.03' WATER CONTROL DISTRICT A =DELTA ANGLE L =LENGTH OF ARC SQ.FT. =SQUARE FEET SOUTH UNE SECTION 20 LLC =LIMITED LIABILITY COMPANY R =RANGE 30 29 SOUTHWEST CORNER OF THE EAST O.R.B. =OFFICIAL RECORD BOOK RNV =RIGHT-OF-WAY 10 ACRES GOVERNMENT LOT 1 AND (P) =PLAT T =TOWNSHIP SOUTHWEST CORNER GOVERNMENT P.B. =PLAT BOOK T.I.I.F. =TRUSTEES OF THE INTERNAL TRACKING STATION PGE =PAGE IMPROVEMENT FUND TRS =TRUSTEES AGENCY: /ND/AN R/VER COUNTY, FL • PUBLIC WORKS DEPT./ENO/NEER/NO DIY. Sketch and Legal Description DATE: DRAWN BY: 6/26/18 R. /NGL£TT . for: SCALE: N/A APPROVED 0 SCNRYVER INDIAN RIVER COUNTY SHEET: JOB NO: 2 OF 2 1040