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HomeMy WebLinkAbout2020-058RESOLUTION 2020- 058 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 66TH AVENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS the continued growth in Indian River County 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 66th Avenue. WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66th Avenue as a major north/south arterial roadway. 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 Parcel 105 and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66th 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, 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. 1 RESOLUTION 2020-058 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 66th 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. 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 its own 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 .Tnseph F. 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 AVE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution duly passed and adopted this 14th day of July, 2020. 2 RESOLUTION 2020-058 Attest: Jeffrey Smith, Clerk of the Court and Comptroller By Deputy Clerk Approved as to form and legal Sufficiency: William K. eBraal Deputy County Attorney 3 .G6WITYCo INDIAN RIVER COUNTY, FLOR DA: -- .• m; By its Board of County Com �' stone �A;: _ ce By S , Chairman BCC Approved: July 14, 2020 iU� ..O..:?P.• Oro,dn nome: K:\VRB_Survey\INDIAN RIVER C0\66111 AVENUE\2017-0112 - Revleed Per IRC\PARCEL 105 - SWMF-R.dwg PARCEL 105 JuI 18, 2017 5:34pm by Domenlc.Durr w E o S 100' GRAPHIC SCALE S89'24'50"E ORB 506, PG 517 32390100001001000007.0 495,53' P.O.B. 66TH AVENUE PARCEL 105 STORMWATER MANAGEMENT FACILITY 156.01' N 89'24'50"W 0) N L1 0 0 r` M N 00'00' 25"E NORTH LINE TRACT 8 PARCEL 105 STORMWATER MANAGEMENT FACILITY 112,440 SQ. FT. 2.58 ACRES 32390700001008000002.0 ORB 1818, PG 1661 N89'24'50'W 206.97' (V V- N89'24'50"W 163.00' 32390700001008000002.0 ORB 1818, PG 1661 TRACT 8 INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 (ST, LUCIE) LINE TABLE LINE LENGTH BEARING L1 50.00 N89'24'50"W L2 50.00 S00'00'25'W LEGEND P.O.C. P.O.B. R/W ORB PG TCE FDOT SECT. SECTION LINE PROPERTY UNE PROPOSED POND PARCEL RIGHT OF WAY LINE POINT OF COMMENCEMENT POINT OF BEGINNING RIGHT OF WAY OFFICIAL RECORDS BOOK PAGE TEMPORARY CONSTRUCTION EASEMENT FLORIDA DEPARTMENT OF TRANSPORTATION SECTION PROPOSED R W LINE R/W RESERVATION LINE N.E. CORNER TRACT 8 50' 10 EO 20' — 30' EAST LINE TRACT 8 PARCEL 105 66TH AVE. BASELINE P.O.C. EAST Y4 CORNER SECTION 7 TRACT LINE 65th. STREET Y4 SECTION LNE A 12 CANAL (O DO N 0 N07 10 0'-- W N 0 0 00 02 N N Q CO W CO CO <co I cot O O O 0 This certifies that o 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 and accurate representation thereof to the best of my knowledge and belief. Subject o notes and notations shown hereo E.C. DEMETER, P.S.U. NO. 517.9 !} 2017 0,47E:E.•7 Not valid without the signature and the original raised seal of a f7orlda Licensed Surveyor and Mapper. SCALE DdWFD BY DFD 01'.14 BY 003 CHECKED BY ECD Kimley>»Horn © 2017 K04EY-111211N 000 ASSOCIATES, MC 446 24TH sne:r, SATE 200, 44210 BEIM fl 32960 P5000 772-724-4100 FAX 772-794-4130 MHWJCMLEY-NCM.CCI 04TE 7/10/17 PROJECT N0. 047035041 LEGAL DESCRIPTION AND SKETCH OF PARCEL 105 STORMWATER MANAGEMENT FACILITY INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 1 of 2 COMPOSITE EXHIBIT "A" page 1 of 4 DrawIn nano: K:\VRBjurrey\INDIAN RIVER C0\8601 AVENUE \2017-0112 — Revised Per IRC\PARCEL 105 — SWMF—R.dwy PARCEL 105-2 Jul 18, 2017 5:34 r, by DwneniaDurr 66TH AVENUE PARCEL 105 STORMWATER MANAGEMENT FACILITY STORMWATER MANAGEMENT FACILITY LEGAL DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO 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 ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE EAST Y4 CORNER OF SAID SECTION 7; THENCE, BEARING NORTH 00'00'25" EAST, ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 1339.60 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'24'50" WEST, A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT 8; THENCE, BEARING NORTH 89'24'50" WEST, ALONG THE NORTH LINE OF SAID TRACT 8, A DISTANCE OF 156.01 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, LEAVING SAID NORTH UNE, BEARING SOUTH 00'00'25" WEST, A DISTANCE OF 50.00 FEET TO A POINT; THENCE, BEARING NORTH 89'24'50" WEST, A DISTANCE OF 163.00 FEET TO A POINT; THENCE, BEARING SOUTH 2112'15" WEST, A DISTANCE OF 347.22 FEET TO A POINT; THENCE, BEARING NORTH 89'24'50" WEST, A DISTANCE OF 206.97 FEET TO A POINT ON THE WEST LINE OF THE EAST 20 ACRES OF SAID TRACT 8; THENCE, BEARING NORTH 00'00'25" EAST, ALONG SAID WEST LINE, A DISTANCE OF 375.00 FEET TO A POINT ON THE AFOREMENTIONED NORTH LINE OF SAID TRACT 8; THENCE, LEAVING SAID WEST UNE, BEARING SOUTH 89'24'50" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 495.53 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 112,440 SQUARE FEET OR 2.58 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDI11ONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. SCALE NIA DESIGNED BY DFD DRAIN BY DFD CHINNED BY ECD Kimley*Horn © 2017 KYEY-R4BN AND ASS9GAR5, wG 440 2414 SWEET. GME 30O, 2080 REAM FL 32300 17020 772-794-4100 142 772-794-4120 WWWJ0WIEY+ICIOLCp1 DATE 7/10/17 PRO.ECT N0. 047035041 LEGAL DESCRIPTION AND SKETCH OF PARCEL 105 STORMWATER MANAGEMENT FACILITY INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 2 of 2 COMPOSITE EXHIBIT "A" page 2 of 4 105 Jul 18, 2017 5:34pm by. Domenlc.Durr 5 U s" 5 i 5 5 p8 i w ,17 00 oQ 1f10 0 z JW N NORTH LINE TRACT 8 LINE TABLE LINE LENGTH BEARING L1 30.72 N00'00'25"E L2 .50.00 N89'59'35"W w E 0 S 100' GRAPHIC SCALE INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 (ST, LUCIE) TRACT 8 n Bo 0 HARISH SADHWANI 32390700001008000002.0 ORB 1818, PG 1661 —20' PERMANENT SLOPE EASEMENT S8910'25"E 455.55' 651.57' N00'00'25"E 156.01' 58924'50"E 30' 50' 10 20' PARCEL 105 229,791 SQ.FT. 5.28 ACRES CO co 50' n ;n z O F oU N co z J oH w z W u7 N O O BASIS OF BEARINGS 66TH AVENUE PARCEL 105 _ n EAST LINE TRACT 8 N 66TH AVE.y o BASELINE I -SNI P.O.B. h R/W RESERVATION LINE 30' V N8910'25"W TRACT LINE iY SECTION LINE 65th. STREET A 12 CANAL 30' w z \w _c L2 LEGEND SECTION LINE EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY PARCEL RIGHT OF WAY LINE R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK FDOT FLORIDA DEPARTMENT OF TRANSPORTATION SECT. SECTION N P.OFC. EAST Y4 CORNER SECTION 7 This certifies that a legal description and sketch of the property shown hereon was mode under my superyi;ion and that this legal description and sketch meets the standards "of practice set forth by the Florida Boord of Professional Surveyvr3 im'de Mappers In Chapter 5J-17, Florida Administrative Code, pursuant'to Sectfpn 472.027, Florida Statutes, and that this drawing Is a true and accurate 'representation thereoft to the best of my knowledge and. belief. Subject o 7Totes and notations shown hereon. EC E.C. DENVER, P.S.M. NO. 5179 JUL 2 /MT. DATE Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. • , DESIGNED BY DFD DRAM BY DFD CHECKED BY ECD Kimley*Horn © 31H7 KIW EY -Haiti AND ASSO A1ES. INC. 446 241N SWEET. SUITE 205 %ENO BEACH. R SMOG PHONE: 772-7W-4100 FAX T/2-744-4130 YMEJOIEY-HaBEC011 DATE 7/10/17 PROJECT NO. 047035041 LEG/ L DESCRIPTION AND SKETCH OF PARCEL 105 INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 1 OF 2 COMPOSITE EXHIBIT "A" page 3 of 4 105 (2) Jul 15, 2017 5:34pm by. 66TH AVENUE PARCEL 105 LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO 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 ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE EAST Y4 CORNER OF SAID SECTION 7; THENCE, BEARING NORTH 00'00'25" EAST, ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 30.72. FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'59'35" WEST, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 65TH STREET AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 8910'25" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 651.57 FEET TO A POINT ON THE WEST LINE OF THE EAST 20 ACRES OF SAID TRACT 8; THENCE, LEAVING SAID NORTH LINE, BEARING NORTH 00'00'25" EAST, ALONG SAID WEST LINE, A DISTANCE OF 50.01 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 8910'25" EAST, A DISTANCE OF 455.55 FEET TO A POINT; THENCE, BEARING NORTH 45'25'00" EAST, A DISTANCE OF 56.16 FEET TO A POINT; THENCE, BEARING NORTH 00'00'25" EAST, A DISTANCE OF 1,218.73 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 8; THENCE, BEARING SOUTH 89'24'50" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 156.01 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 8; THENCE, BEARING SOUTH 0(100'25" WEST, ALONG THE EAST LINE OF SAID TRACT 8, A DISTANCE OF 1,309.39 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 229,791 SQUARE FEET OR 5.28 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PROPOSED ACQUISITION PARCEL ACREAGE = 5.28 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FDOT RIGHT—OF--WAY = 0.90 ACRES SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID UNE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. SCALE N/4 DESIGNED BY DFD BRAIN BY DFD CHECKED BY ECD Kimley*Horn © 2017 IMIEY-BORN NIB ASSWATES. NC 445 2471 STREET. 9311 200, NERO BEAM FL 12110 NUM 772-754-4100 FAL 712-744-4110 NNICK lEY-x000.101 DATE 7/10/17 PROJECT N0. 047035041 LEGAL DESCRIPTION AND SKETCH OF PARCEL 105 INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 2 OF 2 COMPOSITE EXHIBIT "A" page 4 of 4