HomeMy WebLinkAbout1990-0383/90RLVD)LEGAL(WGC/nhm)
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DECLARING THE ACQUISITION OF A
MITIGATION AREA, SO AS TO MITIGATE
DAMAGE TO WETLANDS CAUSED BY INDIAN
RIVER COUNTY'S EXTENSION OF INDIAN RIVER
BOULEVARD FROM BARBER AVENUE TO ROYAL
PALM BOULEVARD, INDIAN RIVER COUNTY,
FLORIDA, TO BE A PUBLIC NECESSITY; AND
AUTHORIZING THE ACQUISITION OF A
MITIGATION AREA.
WHEREAS, in Resolution No. 90-37 this Board
resolved to acquire the fee simple absolute title in certain
parcels of real property for providing a right-of-way
essential for the extension of Indian River Boulevard from
Barber Avenue to Royal Palm Boulevard; and
WHEREAS, in order to extend Indian River Boulevard
as resolved, Indian River County must fill certain wetlands;
and
WHEREAS, the Florida Department of Environmental
Regulation and various other agencies require that Indian
River County mitigate damage it causes to wetlands by
creating a mitigation area; and
WHEREAS, the County Public Works Director, after
reviewing possible alternatives, has recommended that Indian
River County acquire fee simple absolute title in certain
parcels of real property for creating a mitigation area so
as to mitigate damage to wetlands caused by Indian River
County's resolved improvement of Indian River Boulevard; 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 creating a
mitigation area so as to mitigate damage to wetlands caused
by Indian River County's resolved extension of Indian River
Boulevard; and
L
RESOLUTION NO. 90 -
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 specific parcels of real property
that Indian River County needs in fee simple absolute title
for creating the above-described mitigation area are
described in Exhibit One (1) attached hereto and by
reference incorporated herein.
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. Indian River County's acquisition of the fee
simple absolute title in the parcels of real property
described in Exhibit One (1) is hereby found and determined
` to be necessary for the aforesaid reasons, uses, and
i
r purpuses.
3. 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 described in Exhibit One (1). In acquiring
the parcels described in Exhibit One (1), 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 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.
4. The County Attorney, his assistant, or
designee is hereby authorized and directed to take such
further action or actions as are reasonably necessary to
2
RESOLUTION NO. 90-�U_
fully and completely accomplish the purposes hereinabove
authorized and directed.
Commissioner Wheeler 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 Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird Rye -
Commissioner Margaret C. Bowman An—
Commissioner Don C. Scurlock, Jr. Absent
Commissioner Gary C. Wheeler .81g—
The
The Chairman thereupon declared the resolution
duly passed and adopted at public meeting this 20th day of
March 1990,
ATTEST.,:;
gy.
Barton, lerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
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2.
INDIAN RIVER BOULEVARD - PHASE III
PARCEL NO. 103
MITIGATION_ AREA
All of the NE4 of the SE4 of Section 36, Township 32
South, Range 39 East, lying North of the Main Canal and
East of the following described line:
Commence at the NE corner of the SEJ of the said
section and run S8905612411W 922.75 feet to a POINT OF
BEGINNING. Then run
Along a non -tangent curve concave to the East having a
radius of 1809.06 feet and a chord bearing S10037134"E,
through a central angle of 304714911, an arc distance of
119.85 feet to a point. Then run
N7702813711E 40.00 feet to a point.
Then run on a 1769.86 foot radius curve concave to the
East with a chord bearing S15138113"E, through a
central angle of 6°14'21", an arc distance of 192.38
feet to a point.
Then run S18045104"E a distance of 779.43 feet to a
point in the North line of the Main Canal and the end
of the described line, containing 17.52 acres.
All of Government Lot 5, Section 31, Township 32 South,
Range 40 East, containing 35.87 acres.
All lying in Indian River County, Florida.
Together with all right, title, interest, claim or demand,
if any, in and to any adjacent public or private road or
alleyway, and drainage rights-of-way, or vacated
rights-of-way, and any littoral or riparian rights.
EXHIBIT ONE