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HomeMy WebLinkAbout1990-079t 3/90(BIVD)LEGAL(WGC/nhm) RESOLUTION NO. 90-79 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING THE ACQUISITION OF A RIGHT-OF-WAY FOR THE 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 RIGHT-OF-WAY. WHEREAS, the County Public Works Director, after reviewing possible alternatives, has recommended that Indian River County acquire certain parcels of real property in fee simple absolute title for providing a road right-of-way essential for construction of Indian River Boulevard from Barber Avenue to Royal Palm 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 providing a right-of-way essential for the construction of Indian River Boulevard from Barber Avenue to Royal Palm Boulevard; and 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 to acquire for providing the needed right-of-way 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 purposes. 11 3 t< ,t RESOLUTION NO. 90- 79 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 pleadings, 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 fully and completely accomplish the purposes hereinabove authorized and directed. Commissioner Scu�lgr 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 __ Vice Chairman Richard N. Bird A.Y.e__ Commissioner Margaret C. Bowman Aye -- Commissioner Don C. Scurlock, Jr. A.yP— Commissioner Cary C. Wheeler Ate_ The Chairman thereupon declared the resolution duly passed and adopted at public meeting this _4-"hday of June 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By �aroly 1=gge ZTiairman BTT /.( Ll Indan Pover Cn Approved Gale: LLLIIl--Si7iQ [C y art //n��T rk Admin. G� L_ u .07 C� 2 Legal C 6 �, O Budget Q / Depl. Rlsk Mgr. A63 - d4 aG i0 - 108 2/22/90 EXHIBIT ONE Legal-6escrTption RIGHT-OF-WAY IN_SE4 OF THE NEI OF 36_32_39 Commence at the SE corner of the NEJ of Section 36, Township 32 South, Range 39 East and run S8905612411W 922.75 feet to a point of POINT OF BEGINNING. Then run Continue S8905612411W 191.77 feet to a point. Then run N0000214711E 218.00 feet to a point. Then run S89056123"W 29.25 feet to a point. Then run NO300614311W 746.83 feet to a point of curve concave to the West with a radius of 8914.71 feet and a chord bearing N0402615911W. Then run Northwesterly along the curve, through a central angle of 0200715611, an arc distance of 331.76 feet to a point. Then run S8404512111W 29.00 feet to a point. Then run Along a tangent curve concave to the West, with a radius of 8894.71 feet and a chord bearing N05022140"W, through a central angle of 00016103", an arc distance of 41 .53 feet to a point in the North I ine of the SE4 of the NE4 of Section 36, Township 32 South, Range 39 East. Then run N8905314411E, along the said line, 220.85 feet to a point. Then run Southeasterly on a non -tangent curve concave to the West with a radius of 9114.71 feet and a chord bearing of SO4014147"E, through a central angle of 0201610811, an arc distance of 360.94 feet to a point. Then run S0300614311E 799.12 feet to a point of curve concave to theEastwith a radius of 1809.86 feet and a chord bearing S05 55 13 E. Then run Southeasterly, along the curve through a central angle of 05037'01" an arc distance of 177.43 feet to the POINT OF BEGINNING. Containing 6.049 acres. Lying in Indian River County, Florida. Page 1 of 3 108 2/22/90 RICHT-OF-WAY IN THE NEJ OF THE NE4 OF 36-32-39 Commence at the SW corner of the NE4 of the NEI of Section 36, Township 32 South, Range 39 East, and run along the West line of the said NE4 of the NEI N000214711E 600.59 feet to the POINT OF BEGINNING. Then run, still along the said West line of the NEJ of the NEJ, N000214711E 565.59 feet to a point. Then run Along a 1537.39 -foot radius curve concave to the Southwest, with a chord bearing of S21011 146"E, through a central angle of 2403614511, an arc distance of 660.42 feet to a point of compound curve. Then run Along 9119.71 -foot radius curve concave to the Southwest, with a chord bearing of S802915011E, through a central angle of 004710811, an arc distance of 125.05 feet to a point. Then run S8105314411W 5 feet to a point in a 9114.71 -foot radius curve concave to the Southwest, with a chord bearing of S6044134"E. Then run Along the curve, through a central angle of 204312511, an arc distance of 433.24 feet to a point in the South line of the said NEJ of the NE4. Then run Along the said South line S8905314411W 220.96 feet to a point. Then run Along an 8894.71 -foot radius curve concave to the Southwest, with a chord bearing of N701210311W, through a central angle of 302814211, an arc distance of 524.46 feet to a point of compound curve. Then run Along a 1312.39 -foot radius curve concave to the Southwest, with a chord bearing of N1014011811W, through a central angle of 303314811, an arc distance of 81.62 feet to the POINT OF BEGINNING. Containing 211,490.78 square feet or 4.855 acres. Page 2 of 3 108 2/22/90 UNECONOMIC_ REMAINDER Part of the East } of the NE4 of Section 36, Township 32 South, Range 39 East, described as follows: Commence at the SE corner of the aforesaid NE4 and run S8915612411W along the South line of the said NEJ a distance of 1114.52 feet to a point. Then run NO°02'47"E 218 feet to a point. Then run S8905612311W a distance of 29.25 feet to the POINT OF BEGINNING. Then run S8915612311W a distance of 170.75 feet to a point in the West line of the said NEJ. Then run Along the West line N000214711E a distance of 1716.72 feet to a point. Then run Southeasterly, on a 1312.39 -foot radius curve concave to the West whose chord bearing is S1004011811E, through a central angle of 303314811, an arc distance of 81.62 feet to a point. Then run Still Southeasterly, on an 8894.71 -foot radius curve concave to the West whose chord bearing is S700410111E through a central angle of 3038145", an arc distance of 565.98 feet to a point. Then run N84°45'21"E a distance of 20 feet to a point. Then run Southeasterly along an 8914.71 -foot radius curve concave to the West whose chord bearing is S402615911E, through a central angle of 103512011, an arc distance of 247.23 feet, to a point. Then run Still along the same curve, with a chord bearing of S302310111E, through a central angle of 003213611, an arc distance of 84.53 feet to a point. Then run S300614311E a distance of 746.83 feet to the POINT OF BEGINNING. Containing 177,716.93 square feet or 4.08 acres, and lying in Indian River County, Florida. Page 3 Of 3