HomeMy WebLinkAbout1990-081A 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 Nos. 90-36, 90-37 and 90-79
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
I
RESOLUTION NO. 90-
WHEREAS,
0-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
2
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
Wheeler,_ seconded the motion, and upon being put to a
vote, the vote was as follows:
Chairman Carolyn K. Eggert Axe—
Commissioner
Chairman Richard N. Bird Axe—
Commissioner Margaret C. Bowman Axles_
Commissioner Don C. Scurlock, Jr. Axg�
Commissioner Gary C. Wheeler Axg_
The Chairman thereupon declared the resolution
duly passed and adopted at public meeting this __t.Zlhday of
June -1 1990.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
CaroTyngert, airman
ATTEST-:•
BY RE? _ _ Ind 7n(;rc<rCu AGB'weJ OJ''
e y. earton, Z:Terk Admin. G-�-
Leyal
Budget
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110
2/22/90
EXHIBIT ONE
Legal 6escrTpTion
All of Government Lot 4, Section 31, Township 32 South,
Range 40 East, lying and being in Indian River County,
Florida.
Containing 43.77 acres.
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