HomeMy WebLinkAbout2021-078RESOLUTION 2021- 078
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
RESOLUTION 2021-045 IN ORDER TO REVISE THE SKETCH AND
LEGAL DESCRIPTION FOR PARCEL 128 AS MORE
PARTICULARLY LEGALLY DESCRIBED HEREIN; DECLARING A
REASONABLE NECESSITY TO ACQUIRE CERTAIN 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 OR
ITS OUTSIDE COUNSEL TO ACQUIRE THE ATTACHED
PROPERTY 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, on July 6, 2021, the Board of County Commissioners approved Resolution
2021-045 pertaining to the acquisition of Parcel 128, among other Parcels. However, the Board
finds it necessary to revise the legal description for Parcel 128 as there has been a minor change
in the lands necessary for this project; 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 fee simple title in the real property identified
herein as Parcel 128 (Leonard Ganbin, III and Kelly L. Jackson) more particularly described in
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; and
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RESOLUTION 2021- 078
WHEREAS, except for the revision to the legal description of Parcel 128 as set forth
herein, Resolution 2021-045 shall remain in full force and effect as previously adopted.
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.
SECTION 2. Indian River County finds it necessary and in the public interest to acquire
the real property described in 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 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 Joseph E. Flescher ,
and the motion was seconded by Commissioner Joseph Earman and, upon
being put to a vote, the vote was as follows:
Chairman Joseph E. Flescher
AYE
Vice Chairman Peter D. O'Bryan
AYE
Commissioner Susan Adams
AYE
Commissioner Joe Earman
AYE
Commissioner Laura Moss
AYE
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RESOLUTION 2021- 078
The Chairman thereupon declared the resolution duly passed and adopted this 16th day of
November, 2021.
Attest: Jeffrey Smith, Clerk of the
Court and Comptroller
By �Qal /j�j, 'ILL
Deputy Clerk
Approved as to form and legal Sufficie
William K. DeBraal
Deputy County Attorney
Annmirpti-
INDIAN RIVER COUNTY, FLO MTy
By its Board of County CommjasfWh,,.
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BCC Approval Date: November 16, 2021