HomeMy WebLinkAbout2020-068RESOLUTION 2020-068
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A
REASONABLE NECESSITY TO ACQUIRE A CERTAIN
TEMPORARY CONSTRUCTION EASEMENT INTEREST IN 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; and
WHEREAS the Indian River County Long Range Transportation Plan includes the
planned construction of 66th Avenue as a major north/south arterial roadway; and
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 a temporary construction easement interest in the
real property identified as Parcel 105 TCE 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.
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RESOLUTION 2020- 068
SECTION 2. Indian River County finds it necessary and in the public interest to acquire
a temporary construction easement interest in 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
Bob Solari 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 15th day of
September, 2020.
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RESOLUTION 2020- 068
Attest: Jeffrey Smith, Clerk of the
Court and Comptroller
Deputy Clerk
Approved as to form and legal Sufficiency:
William K. DeBraal
Deputy County Attorney
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ams, Chairman
BCC Approved: 09-15-2020
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RESOLUTION 2020-068
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SECTION LINE
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PROPERTY UNE
PROPOSED RIGHT OF WAY
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OFFICIAL RECORDS BOOK
FLORIDA DEPARTMENT OF
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SECTION
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SECTION 7
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PARCEL 105 TCE
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DATE
8-24-20
PROJECT NO.
047035041
Ms certifies that a legal description and sketch of the property shown
hereon was mode 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' Ch pQ(K'(7. Florida
Administrative Code, pursuant to Section 472 eq41,. m7
that this a'rowing is a We and emirate re
best of my knowledge and belief.. Subject ,tr
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E.C. DEMETER, P.SM. N93 5179
LEGAL DESCRIPTION
INDIAN RIVER COUNTY, FLORIDA
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RESOLUTION 2020- 068
66TH AVENUE
PARCEL 105 TCE
LEGAL DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT (TCE)
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 1/4 CORNER OF SAID SECTION 7;
THENCE, BEARING NORTH 8910'25" WEST, ALONG THE SOUTH UNE OF SAID TRACT
8, A DISTANCE OF 701.57 FEET TO A POINT ON THE WEST UNE OF THE EAST 20
ACRES OF SAID TRACT 8;
THENCE, LEAVING SAID SOUTH LINE, BEARING NORTH 00'00'25" EAST, ALONG SAID
WEST UNE OF THE EAST 20 ACRES OF TRACT 8, A DISTANCE OF 80.01 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUING ALONG SAID WEST UNE, BEARING NORTH 00'00'25" EAST, A
DISTANCE OF 15.00 FEET TO A POINT;
THENCE LEAVING SAID WEST UNE, BEARING SOUTH 8910'25" EAST, A DISTANCE OF
470.55 FEET TO A POINT;
THENCE, BEARING SOUTH 4575'00" WEST, A DISTANCE OF 21.06 FEET TO A POINT;
THENCE, BEARING NORTH 8910'25" WEST, A DISTANCE OF 455.55 FEET TO THE
POINT OF BEGINNING.
CONTAINING 6,946 SQUARE FEET OR 0.16 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS, CONDITIONS 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.
N/A
4310a BY 0,
DRAM V' a,
OIMO P CCD
Kimley>»Horn
MONE. 772-704-4100 PAX 772-784-41.
0A1
5-24-20
PROJECT N0.
047035041
LEGAL DESCRIPTION AND SKETCH OF
PARCEL 105 TCE
INDIAN RIVER COUNTY, FLORIDA
SMUT NUMBER
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