HomeMy WebLinkAbout1990-0806/90(B.LVD)LEGAL(WGC/nhm)
RESOLUTION NO. 90-___
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. 9l)_79 __ 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 filling of wetlands has a negative
impact upon the ecosystem; and
WHEREAS, it is in the best interest of the people
of Indian River County to mitigate damages to wetlands; and
WHEREAS, this Board finds it necessary and for a
county and public purpose that Indian River County mitigate
damage it may cause the wetlands by creating a mitigation
area; and
WHEREAS, the Florida Department of Environmental
Regulation and various other agencies recommend 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
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RESOLUTION NO. 90 -
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
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
purposes.
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
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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 Scurlock__ 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 &&—
Commissioner Margaret C. Bowman Aye__
Commissioner Don C. Scurlock, Jr.
Commissioner Gary C. Wheeler AYe__
The Chairman thereupon declared the resolution
duly passed and adopted at public meeting this 12th day of
June , 1990.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
a�oT�
ATTEST;,, ' l//
By ina,an .i a
R p r tol
ZTer Aamtn:
. �, Budget
Dept.
Risk Mg,.
3
108
2/22/90
EXHIBIT ONE
IMPOUNDMENT AREA IN THE SE4 OF THE NE4 OF 36-32-39
Begin at the Southeast corner of the said SE/; of the
NEJ of Section 36, Township 32 South, Range 39 East, and run
S8905912811W 922.75 feet to a point. Then run
On the arc of a non -tangent 1809.86 -foot radius curve
concave to the Northeast with a chord bearing N0505511311W,
through a central angle of 0503710111, an arc distance of
177.43 feet to a point. Then run NO310614311W 799.12 feet to
a point. Then run
Along a 9114.71 -foot radius curve concave to the
Southwest with a chord bearing N04002'26"W, through a
cen,:-al angle of 01°51'17", an arc distance of 295.04 feet
to a point. Then run
N8904314011E 888.89 feet to a point. Then run
S2002010411E 153.29 feet to a point. Then run
S0504214311E 114.95 feet to a point. Then run
S2904710811E 93.86 feet to a point in the East line of
the said SE4 of the NE/;. Then run along the said East line
S0001812511E 933.17 feet to the POINT OF BEGINNING.
Containing 27.63 acres, lying in Indian River County,
Florida.
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