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HomeMy WebLinkAbout2020-006RESOLUTION 2020- 006 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND RECONSTRUCTING 58TH AVENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE THE ATTACHED PROPERTY BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County continues to grow and expand its population to the west within the Urban Service Area along 58th Avenue; and WHEREAS the continued growth along the 58th Avenue corridor with the addition of subdivisions such as Arabella Reserve, Waterway Village, Vero Lago and others has greatly increased the vehicular traffic within the County roadway network; and WHEREAS the increased traffic has greatly impacted the traffic flow on north/south arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on U.S. Highway 1 and other arterial north/south roadways within the transportation network in Indian River County by widening and reconstructing 58th Avenue. 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 fee simple title in the real property identified as the Brown Parcel and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 58th Avenue; 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; and 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. SECTION 2. Indian River County finds it necessary and in the public interest to acquire the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of improving and reconstructing 58th Avenue, including side street, intersection, sidewalk and water retention pond improvements in order to provide for the health, safety and welfare of the growing population of Indian River County. 1 RESOLUTION 2020- 006 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 the County's name, by donation, purchase or eminent domain proceedings, the real property described in Composite 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. This resolution was moved for adoption by Commissioner Peter D. O'Bryan and the motion was seconded by Commissioner Joseph E. Flescher and, upon being put to a vote, the vote was as follows: Chairman Susan Adams AYE Vice Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution duly passed and adopted this 14th day of January, 2020. BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY - _ 0 ........ SG.... SSS' „ p•Q • • CP By: Sus s, Chairman Attest: Jeffrey R. Smith, Clerk of ourt and omptr{oller B 2 Deputy Clerk FqcOu......'Approved as to form and legal sufficiency: B, U1� 9C. William K. DeBraal Deputy County Attorney by. DomenIc.Durr ROW DEDICATION X11 - SKETCH Feb 21, 2018 11:31am COMPOSITE EXHIBIT "A" X2O R/W LINE S0074'J W 64659'�.� BASIS BASIS OF BEARINGS S00'14'37"W WEST LINE OF SECTION 21 32-39-20-00001-0090-00001.0 ce 7 0_ oO 0 IJ w 0 0 W _ 60' z J z 0 a W re _ a II 49TH STREET N.W. CORNER OF THE S.W. 21- Y4 OF SECTION 21-32-39 P.O.C. LL1 2 IQ I� z II 589'45'23-E 25.00' P.O.B. RIGHT OF WAY DEDICATION I.R.F.W.C.D. SUB -LATERAL H-2 CANAL r R/W LINE NORTH LINE OF THE SW 1/4 32-39-21-00001-0120-00001.0 GHO ADDISON RESERVE CORP SITE ADDRESS, 49TH ST D.R.B. 3076, PG 819 it I( � 1 o I 661 r LICENSE " AGREEMENT II I � ' 50 W I 1z II IW z J Ire S89'46'15*E MURPHY RESERVATION 32-39-21-00001-0120-00002.0 GHO ADDISON RESERVE CORP SITE ADDRESS: 4810 58TH AVE O.R.B. 3055, PG 1598 PROPOSED R/W LINE 67.00 10' LICENSE AGREEMENT 172-39-21-00001-0120-00003.1 BROWN, PAULETTE SITE ADDRESS: 4740 58TH AVE O.R.B. 1532, PG 225 S0014'37'W 146.07' N89'46'15"W 132-39-21-00001-0120-00003.3 I GHO ADDISON RESERVE CORP O.R.B. 3055, PG 2453 10' LICENSE _ �1 f AGREEMENT I 32-39-21-00001-0120-00003.0 G110 ADDISON RESERVE CORP O.R.B. 3055, PG 2453 SEC. 21, TWP. 32 S., RANGE 39 E. SURVEYOR'S NOTES 1. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2. THE BEARING BASE FOR THIS SKETCH REFERENCES THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 21. SAID LINE BEARS SOUTH 0014'37" WEST. 3. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTING DURING REPRODUCTION PROCESSES. LEGEND O.R.B. P.O.C. P.O.B. PG SEC. TWP RNG R/W P.S.M. RIGHT OF WAY DEDICATION RIGHT OF WAY LINE SECTION LINE LICENSE AGREEMENT LINE OFFICIAL RECORDS BOOK POINT OF COMMENCEMENT POINT OF BEGINNING PAGE SECTION TOWNSHIP RANGE RIGHT OF WAY PROFESSIONAL SURVEYOR AND MAPPER W N E S 0 100' GRAPHIC SCALE This certifies that a legal description and sketch of the property shown hereon was made under my supervision and that this legal description and sketch meets the standards of practice set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes, and that this drawing is a true dnd accurate representation thereof to the best of my knowredge and belief. Subject to notes and notations shown hereon. (dL E.C. DEMETER,' P.S.M..NQ. ,5179 / DATE. I— �/ 9 - �/ 0 Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. SCALE AS NOTED DESIGNED BY DFD DRAWN BY DFD CHECKED BY ECD Kimley*Horn © 2018 KIMLEY-HORN AND ASSOCIATES, INC. 445 241H STREET, SLATE 200, VERO BEACH, FL 32960 PHONE 772-794-4100 FAX: 772-794-4130 WWW.KIMLEY-HORN.COM DATE 2/21/18 PROJECT NO. 047897026 58th AVENUE RIGHT OF WAY DEDICATION INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 1 of 2 ns\58th AVE — ROW DEDICATION — PAULETTE LEGAL DESCRIPTION: RIGHT OF WAY DEDICATION A PORTION OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE, BEARING SOUTH 00'14'37" WEST, ALONG THE WEST LINE OF SECTION 21, A DISTANCE OF 646.69 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE OF SECTION 21, BEARING SOUTH 89'45'23" EAST, A DISTANCE OF 25.00 FEET TO THE EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89'46'15" EAST, A DISTANCE OF 67.00 FEET TO A POINT; THENCE, BEARING SOUTH 00'14'37" WEST, A DISTANCE OF 146.07 FEET TO A POINT; THENCE, BEARING NORTH 89'46'15" WEST, A DISTANCE OF 67.00 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY); THENCE, BEARING NORTH 0014'37" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 146.07 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 9,786 SQUARE FEET OR 0.22 ACRES, OF WHICH 3,651 SQUARE FEET OR 0.08 ACRES, MORE OR LESS, ARE ENCUMBERED BY THE RESERVATIONS CONTAINED IN MURPHY DEED #876. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SCALE AS NOTED DESIGNED BY DRAWN BY DFD CHECKED BY ECD Kimley>»Horn © 2018 KIMLEY-HORN AND ASSOCIATES, INC. 445 24TH STREET, SUITE 200, VERO BEACH, FL 32960 PHONE 772-794-4100 FAX: 772-794-4130 WWW.KIMLEY-HORN.COM DATE 2/21/18 PROJECT NO. 047897026 58th AVENUE RIGHT OF WAY DEDICATION INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 2 of 2