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Home My WebLink About2022-009RESOLUTION 2022- 009 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO CONFIRM AND PERFECT FEE SIMPLE TITLE IN AND TO CERTAIN REAL PROPERTY FREE AND CLEAR OF ANY LEASEHOLDS AND ANY OTHER INTERESTS FOR THE PUBLIC 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 CONFIRM AND PERFECT FEE SIMPLE TITLE IN AND TO THE PROPERTIES DESCRIBED IN ATTACHED EXHIBIT A BY ACQUIRING ANY LEASEHOLD AND OTHER INTERESTS, IF ANY, IN AND TO SAID PROPERTIES 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 9, 2021, the County acquired fee simple title to Parcel 127 by Statutory Warranty Deed recorded at Official Record Book 3443, page 1330, by virtue of a voluntary purchase and sale agreement with the former owners, Frederick L. and Norma C. Lipfert Trust Agreement dated February 14, 2013 ("Former Owners"). Although the County has been unable to obtain a copy of a written lease, it is believed that at the time the County acquired title to Parcel 127, said Parcel was subject to a lease by and between the Former Owners and Empire Equine and/or Amanda Tongay; and WHEREAS, on November 23, 2021, the County acquired fee simple title to Parcel 132 by Warranty Deed recorded at Official Record Book 3491, page 799, by virtue of a voluntary purchase and sale agreement with the former owners, Frederick W. Van Antwerp and Florence B. Van Antwerp, individually and as Co -Trustees of the Frederick W. Van Antwerp and Florence B. Van Antwerp Revocable Trust Agreement dated March 19, 2010 ("Former Owners"). Although the County has been unable to obtain a copy of a written lease, it is believed that at the time the County acquired title to Parcel 132, said Parcel was subject to a lease by and between the Former Owners and B & B Farms; and 1 RESOLUTION 2022- 009 WHEREAS, in order to proceed with its 66th Avenue Road Project, it is necessary for the County to hold fee simple title in and to Parcels 127 and 132 free and clear of any leasehold or other interests; 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 confirm and perfect fee simple title free and clear of any leasehold or other interests, if any, in the real property identified as Parcels 127 and Parcel 132 more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66h 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, 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 confirm and perfect fee simple title by acquiring any leasehold or other interests, if any, in the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of improving and reconstructing 66`h 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 confirm, perfect and acquire in its own name, by donation, purchase or eminent domain proceedings, fee simple title, including the acquisition of any leasehold interest, if any, in the real property described in Composite 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. RESOLUTION 2022- 009 SECTION 5. 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 Susan Adams and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice Chairman Joe Earman AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss AYE ""pUtd T Y �Q� •. . ' 4- The Chairman thereupon declared the resolution duly passed and aq pted t4 1St d ,of February, 2022. Attest: Jeffrey Smith, Clerk of the Court and Comptroller By .`� l! � Deputy Clerk Approved as to form and legal Sufficiency: William K. DeBraal Deputy County Attorney Appr e Jason E Br wn County inistrator INDIAN RIVER COUNTT- IDA By its Board of County CcfsS`bpers�� ., ftp.. By J 11 ti Peter D. O'Bryan, ChairmajU A Aj x s _a N W »i -E o S 100, GRAPHIC SCALE EXHIBIT "'All d W 67.54'1 I N S89'55'41 "E .w N Z < O 25' 30' 5 V 5 n SECTION 31, TOWNSHIP 31 SOUTH, RANCE 39 EAST C1 PARCEL 127 46,666 SO.FT. ' 1.07 ACRES 31393100000700000009.0 w ORB 780, PG 24 P.O.B. N89'52'55"N 125.78' 10 w LINE LENGTH v L1 I �n I DELTA / N LL, 230.48 CD 1 N07'49'39"E 1 08'33'33" P.O.B. z R/W RIGHT OF WAY ORB LU NN PAGE FDOT ' \ ZM TRANSPORTATION SECT. SECTION Q C w m s L� (D O V)— r` mn I LATERAL 14E CANAL l TOWNSHIP 31 SOUTH TOWNSHIP 32 SOUTH 77th STREET N O co CANAk R-14 w � v P.O.C. S.E. CORNER o SECTION 31 LO LINE TABLE LINE LENGTH I BEARING L1 30.00 1 N89'27'06"W CURVE TABLE CURVE I LENGTH I RADIUS�JTANGENTJ EASEMENT LINE CHORD I BEARING I DELTA C1 1 460.11 13080.001 230.48 1 459.68 1 N07'49'39"E 1 08'33'33" LEGEND SECTION LINE - — EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY PARCEL RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE FDOT FLORIDA DEPARTMENT OF TRANSPORTATION SECT. SECTION /" AVLIVU f?CEL 127 fife cert/ties that o fegof description and sketch of the property shown hereon was mode under my suporvfafw wd that this /ego/ descr/pt/w wd J It h meets the stondarda o/ practice set forth by the narldo Board of Prof—lof of Suryryrs and Mappers /n Chapter 3J-17 f7ar/do Admbrfatratf—.Code, pursuant to Sectfw 472.027, f7or o-StotuteR and Not this d—k g /s o true wd occv is rrpr�s on N—f to the boat of my knowledge wd balfef. Subject es and t tat/w. shown Aerew. EG DEME7ER, P.SM. NO. 3779 DA 7L' JUL 2 4 2017 Not valid w/thout the sfgnoture and the mfglnat rv/sed saof of o f7ar/do LAc ved Swwwr and Mapper. _ swL 1' -los' DATE SHEET NUNDER °m°'�'• DM Kimley*Horn 1 7/10/17 LEGAL DESCRIPTION AND SKETCH OF Dia wsc ion �o.n�/.ow �,v wteaowlce ..c PARCEL 127 1 OF 2 owrnna r E� i�n� slwaT. wn[ la4 dao su�il n soca PRQECT Na INDIAN RIVER COUNTY, FLORIDA w+wxsaiv-.+�o�eaao' E9 LEGAL DESCRIPTION RIGHT OF WAY PARCEL 66 -FH A VENC, PARCEL 127 ALL THAT CERTAIN PIECE. PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE, BEARING NORTH 00'32'54" EAST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 1,380.42 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'27'06" WEST, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 89'52'55" WEST, A DISTANCE OF 125.78 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 08'33'33", A CHORD LENGTH OF 459.68 FEET BEARING NORTH 07'49'39" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 460.11 FEET TO A POINT; THENCE, BEARING SOUTH 89'55'41" EAST, A DISTANCE OF 67.54 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE; THENCE, BEARING SOUTH 00'32'54" WEST, ALONG SAID WEST LINE, A DISTANCE OF 455.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 46,666 SQUARE FEET OR 1.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 31. SAID LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. � Kimley»>HBEFt orn H7/DAOT/r LEGAL DESCRIPTION AND SKETCH OF DATE �`F`M"� ory a ,on ,s.r-w... n .o .ssoo.,v ..� PARCEL 127 2 O F 2 INDIAN RIVER COUNTY, FLORIDA — — W SE NORTH LINE OF THE 167.60' SOUTHWEST Y4 39'48'39"F OF SECTION 32 P.O.B. CORNER I CF: ON 32 PARCEL 132 to 43,268 SQ. FT. c30.99 ACRES N 25 32' t z 31393200000500000006.1 C> 3=3 ORB 2680, PG 252 opo n MI a� W r 0 0 Z rn -J 25' N N M CD:;' z p (Fj—CO W W m (n M L+ W O= N f QLn 3 m I r n N89'48'51 "W 125.60' M LLJ LINE LENGTH BEARING 81 st STREET I 56.21 — — W SE NORTH LINE OF THE 167.60' SOUTHWEST Y4 39'48'39"F OF SECTION 32 P.O.B. CORNER I CF: ON 32 PARCEL 132 to 43,268 SQ. FT. c30.99 ACRES N 25 32' t z 31393200000500000006.1 C> 3=3 ORB 2680, PG 252 opo n MI a� W r 0 0 Z rn -J 25' N N M CD:;' z p (Fj—CO W W m (n M L+ W O= N f QLn 3 m I r n N89'48'51 "W 125.60' M LLJ �— POINT OF REVERSE C1 CURVE UNE TABLE LINE LENGTH BEARING I 56.21 S45'20'01 "W DELTA C1 1 121.64 13080.001 I.J..I 33 1 S01 -40.47"W 2'15'46" Adm/n/strotf" Coda pursuant to Section 472.027, Florida Statute., and P.O.C. POINT OF COMMENCEMENT Q ' Ln best of my knowiedgo and bed/ef. 5ubj ct to dies and notot/ons shown R/W RIGHT OF WAY I S r- M -C PG PAGE FDOT FLORIDA DEPARTMENT OF E.C. DEM£T£R. P.SM_ NO .1179 TRANSPORTATION JUL 2 Jt 2017 SECT. SECTION DA TE. • Not wild without the s/gnatum and the original ro/sed seal of o no ldo �— POINT OF REVERSE C1 CURVE UNE TABLE LINE LENGTH BEARING Lt 56.21 S45'20'01 "W CURVE TABLE CURVE I LENGTH I RADIUS ANGENTI CHORD I BEARING DELTA C1 1 121.64 13080.001 50.83 1 121.63 1 S01 -40.47"W 2'15'46" 66 T/--1 A VENUE PARCEL 13� N W—*E 0 .S 100' GRAPHIC SCALE LEGEND SECTION LINE — — EASEMENT UNE PROPERTY LINE This cert//les that o /.got d—iptlon and sketch or the property shown PROPOSED RIGHT OF WAY hereon was mode under my suporNalon and that this legal descrlptlan PARCEL and sketch moot. the standards of proctice set forth by the florida Board of Prvfssslo of Sur .),vrs and Mappers in Chapter SJ, -f7. n—ido — — RIGHT OF WAY UNE Adm/n/strotf" Coda pursuant to Section 472.027, Florida Statute., and P.O.C. POINT OF COMMENCEMENT that this d—wkrg /s o true and accurot. repress at/on thereof to the P.O.B. POINT OF BEGINNING best of my knowiedgo and bed/ef. 5ubj ct to dies and notot/ons shown R/W RIGHT OF WAY n -) ORB OFFICIAL RECORDS BOOK PG PAGE FDOT FLORIDA DEPARTMENT OF E.C. DEM£T£R. P.SM_ NO .1179 TRANSPORTATION JUL 2 Jt 2017 SECT. SECTION DA TE. • Not wild without the s/gnatum and the original ro/sed seal of o no ldo Wcen.ed Slrr+syor and Mapper. sri�l. 1��100' DATE SHEET NUMBER ^ D D KimleyA Horn /10/17 LEGAL DESCRIPTION AND SKETCH OF EwD `C m+"w""-"°'°""0 Afe TM " 6047D35041 PARCEL 132 1 OF 2 W[o® M EW Me 34tH rrPQr. war[ xa wo w-%cK n ]uw ►"°"� '� "�++°°r"° "''�'+'° JECT NG. INDIAN RIVER COUNTY, FLORIDA .ra,merLr-.raw+am. LEGAL DESCRIPTION RIGHT OF WAY PARCEL MI. ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; BEGINNING FOR REFERENCE AT THE WEST Y, CORNER OF SAID SECTION 32; THENCE, BEARING SOUTH 89'48'39" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST N OF SAID SECTION 32, A DISTANCE OF 167.60 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE, BEARING SOUTH 45'20'01" WEST, A DISTANCE OF 56.21 FEET TO A POINT; THENCE, BEARING SOUTH 00'3254" WEST, A DISTANCE OF 171.42 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 02'15'46", A CHORD LENGTH OF 121.63 FEET BEARING SOUTH 01'40'47" WEST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 121.54 FEET TO A POINT; THENCE, BEARING NORTH 89'48'51" WEST, A DISTANCE OF 125.60 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 32; THENCE, BEARING NORTH 00'32'54" EAST, ALONG SAID WEST LINE, A DISTANCE OF 332.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 43,268 SQUARE FEET OR 0.99 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PROPOSED ACQUISITION PARCEL ACREAGE - 0.99 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FOOT - 0.19 ACRES RIGHT-OF-WAY SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 32. SAID LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. VE-, i N A DATE SHEET NUMBER DFD Kim ey>>>Horn 7/10/17 LEGAL DESCRIPTION AND SKETCH OF PARCEL 132 2 OF 2 wco®n �+s liTN rnQT. an[ X04 �vw tcwo� R Aawo PROJECT NO. P$� m-T+�1ODF^� •��" 047035041 INDIAN RIVER COUNTY, FLORIDA