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HomeMy WebLinkAbout1987-020I - ` 2/10/87(B4)LEGAL(Bnm) RESOLUTION NO. 87•-20 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN PARCELS OF PROPERTY ALONG THE ATLANTIC OCEAN LYING IN INDIAN RIVER COUNTY FOR PARK AND RECREATIONAL PURPOSES TO BE A PUBLIC NECESSITY AND AUTHORIZING THE EMPLOYMENT OF APPRAISERS, NEGOTIATION FOR ACQUISITION, AND THE FILING OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the Board of County Commissioners of Indian River County has conducted a study of the park and recreational needs of the residents of Indian River County, present and future; and WHEREAS, the study addresses the amount of oceanfront property necessary to meet current needs and future needs; and WHEREAS, the study indicates that the County must acquire additional beachfront property to meet current and future park and recreational needs; and WHEREAS, Indian River County is situated along the Treasure Coast of Florida, which has been experiencing a dramatic increase in population and attendant development during the last several years; and WHEREAS, the County Commission has proposed and the voters of Indian River County have approved a referendum calling for the sale of five million dollars of general obligation bonds to be used for the acquisition of oceanfront property to meet the County's current needs; and WHEREAS, Indian River County and the State of Florida have begun a joint program utilizing the Save Our Coast funds and the aforementioned general obligation bonds to acquire oceanfront property to meet the County's current and future park and recreational goals and needs; and 1 RESOLUTION NO. 87- 20 i WHEREAS, historically land suitable for use for ® recreational purposes is also the land with the highest potential for development along the oceanfront; and ® WHEREAS, oceanfront property will continue to escalate in value and be consumed by development, thereby making it necessary and essential and in the public's best interest to acquire needed oceanfront property now for the • • current and future use of the citizens of Indian River County and of the State; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida this day of February, 1987 that: 1. The foregoing recitals are hereby adopted and ratified. 2. The County Attorney is hereby authorized and directed to proceed to take the necessary steps for Indian River County to acquire fee simple title in the name of Indian River County by donation, purchase, or eminent domain proceedings, the real property described in Exhibit "A", and to have prepared in the name of Indian River County all papers, pleadings, and other instruments required for those purposes, and to hire real estate appraisers, experts, or other witnesses, and to follow through and see that all eminent domain proceedings are prosecuted to judgment. The Board of County Commissioners specifically finds and determines that the acquisition of fee simple title to the above-described property is necessary for the stated public purpose of establishing a public beachfront park or recreational facility and that there are no conditions precedent which must be performed prior to exercise of eminent domain powers. 3. The County Attorney and the County Administrator are hereby authorized and directed to take any 2 RESOLUTION NO. 87-20 and all action reasonably required to fully accomplish the • purposes set forth herein. 4. The property acquired pursuant to this S resolution shall be used for the public purpose of providing oceanfront access for the park and recreational needs of the citizens of Indian River County. The foregoing resolution was offered by '66 6 Commissioner Eggert------ and seconded by Commissioner Bird--------, and, being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Ave Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 17th day ofFebruary --------------- 1987. INDIAN RIVER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BytSon cu ocir,7 fiaTrman -- ATTEST: By�Y_t�i.' Ftea��rcz Z'•iJr _k___ ' L/ OF e . APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bruce Aarkett Assistant County Attorney 3 E DESCRIPTION All of Covernment Lot 5 in Section 10 Township 31 South, Range 39 East Indian River County, Florida, lying East of the East Right-of-way line of State Road A -1-A. All of Government Lot 4 in Section 10 Township 31 South, Range 39 East Indian River County, Florida, lying East of the East Right-of-way line of State Road A -1-A. Together with All of said Government Lot 5 lying West of the West Right-of-way line of State Road A -I -A. Less however The North 100.00 feet of said Government Lot 4 lying East of the East Right-of-way line of State Road A -I -A and the following described parcel of land. A parcel of land described as: from a point of beginning at the N.E. corner of Government Lot 4, 10-31-39 which said point of beginning lies on the west boundary line of Government Lot 5, 10-31-39, run south along west boundary line of Government Lot 5, a distance of 100.00 feet; Thence run east parallel to the north boundary line of said Government Lot 4, to the mean high water line of the Atlantic Ocean; Thence run northwesterly along the mean high water line of the Atlantic Ocean to Its Intersection with the west boundary line of said Government Lot 5; Thence run south along the west boundary line of said Government Lot 5 to the point of beginning. ,EXHIBIT "A" ® GOVT LOT I WAN llht ON'T. LOT a AAT INCLUDED -• ���NN �T TO QIP N aza It \ 0 SET \ 1R'/'YLES.IC 1 SI/MU TORS C 5909 tp o \ K 'H SCALE 1• .100' lop _ top tao 2 1 '•. 9 I � is \ 9 .y, AMANT/C SUBJECT OCEAN y 1' 'v /3.007 ACRES WEST OF \\ I GYXVTRoL UNE PARCEL l ro VtK 4� � STf 111 r�Tt�STK j � ` n \ ` =N v N 0.403 AC. `\ "Tn lna {N T 10T S —s 2 02 w 5" 779 / l\ro',' I �.c\ ID ILIIE ro lr 9r wlrtr ar GOVT 1nr a '� 1 COV'T LOT 6 I rr. a1rz ew EUV • 9 d9 BM LIE/•SSq pwa .ul