HomeMy WebLinkAbout1987-0323/13/87(B4)LEGAL(Bnm)
RESOLUTION NO. 87- 32
® 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 IN INDIAN RIVER COUNTY FOR
RIGHT-OF-WAY, ROAD WIDENING, PAVING AND
UTILITIES PURPOSES TO BE A PUBLIC
NECESSITY AND AUTHORIZING THE COUNTY
® • ATTORNEY TO FILE CONDEMNATION
PROCEEDINGS AGAINST SAID PARCELS AND TO
DO ALL THINGS NECESSARY TO PURSUE SAID
PROCEEDINGS TO CONCLUSION.
WHEREAS, the Board of County Commissioners of
Indian River County has determined that it is in the public
interest and is necessary to make road improvements to 12th
Street from 6th Avenue to a point west of Old Dixie Highway,
and to widen 12th Street from two to five lanes and to
extend it eastward from 6th Avenue to intersect with the
southerly proposed extension of Indian River Boulevard; and
WHEREAS, the Board of County Commissioners of
Indian River County has further determined that it is in the
public interest and necessary to make road improvements on
6th Avenue from 16th Street to a point south of the
intersection of 6th Avenue and 8th Street, and to widen 6th
Avenue to three lanes and to improve the turning radius at
the intersecting roads; and
WHEREAS, the proposed improvements require
acquisition of fee simple title to certain parcels of land
presently lying adjacent to and abutting against the subject
rights-of-way;
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida this
24tliday of March, 1987 that:
1. The foregoing recitals are hereby adopted and
ratified.
2. The County Attorney's Office is hereby
authorized and directed to exercise the eminent domain
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RESOLUTION NO. 87- 32
authority of Indian River County for the purpose of securing
4D fee simple title to the properties described in Exhibit "A"
and Exhibit "B" attached hereto and to take all appropriate
40 and necessary action and to employ the services of any
persons deemed necessary to bring eminent domain proceedings
to conclusion.
3. The property is to be acquired for the road
• • improvement and road widening purposes set forth above, and
for all normal and necessary uses and improvements
appurtenant thereto, including but not limited to paving,
placement of utilities, construction of pedestrian
facilities and drainage improvements.
4. It is hereby determined and found that the
acquisition of the property is necessary for the stated
public purpose.
5. The Board of County Commissioners of Indian
River County hereby ratifies, confirms, adopts and
incorporates the right-of-way map for portions of the 112th
Street project attached hereto as Exhibit "C" as the
official right-of-way map for the improvement project
depicted thereon, and orders that said map or copies thereof
shall be kept available for inspection at the County
Administration Building. By this action the County does not
concede ownership of any property, nor does it waive its
right to defend or claim title to any property, however
depicted on the right-of-way map.
The foregoing resolution was offered by
Commissioner _Eggert_____ and seconded by Commissioner
Wheeler______ I and, being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Gary C. Wheeler Aye
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RESOLUTION NO. 87-32
The Chairman thereupon declared the resolution
duly passed and adopted this 24th day of March, 1987.
INDIAN RIVER COUNTY, FLORIDA,
®BY ITS BOARD OF COUNTY
q• COMMISSIONERS
ATTEST:
,a...
F- r e a r t, r '--
APPRbVFD AS"TQ>FORM AND LEGAL
SUFFICI,ENGY;:`
Bruce 6ar'1 ett
Assistant County Attorney
By _�1., c
bon Scuocc,---
Chairman
3
12th STREET
PARCEL NO. 130
® PARENT DEED - BEVERLY BARNES
ORB 609, PAGE 295
The following described parcel of land lying in Section 12, Township 33 South,
® Range 39 East, Indian River County, Florida more particularly described as follows,
to wit:
That portion of the following described parcel as recorded in ORB, 609, Page
295, Public Records of Indian River County, Florida:
The East 133.46 feet of the South 127.73 feet of the following described
real property to wit: Commence at the Southeast corner of the
Southwest quarter of the Northeast quarter of Section 12, Township 33
South, Range -39 East, thence run West along the center half section
line a distance of 183.8 feet; thence run North parallel with the East
quarter section line a distance of 327.73 feet to an iron pipe: thence
run Easterly 183.64 feet to a point on the East boundary line of the
Southwest quarter of the Northeast quarter of said Section 12, 327.73
feet North of the Southeast corner of the Southwest quarter of the
Northeast quarter of said Section 12, thence run South along said East
boundary line 327.73 feet to the POINT OF BEGINNING. LESS AND
EXCEPT the East 35 feet for road right-of-way. Said land lying and
being in Indian RIver County, Florida.
That lies within the following described road Right -of -Way:
Being a strip of land 80 feet in width lying 43.5 feet North of and 36.5
feet South of a baseline being more particularly described as follows:
BEGIN at a railroad spike marking the Southwest corner of the
Southeast i of the Northeast i of said Section 12; thence run
N 89042143" W along the East-West i section line of said Section 12 a
distance of 1331.01 feet to a nail in the existing centerline of U.S. 1
(S.R. 5) as shown on Florida J).O.T. Right -of -Way Map Section No.
8601-150,206; thence run 5 89 25'40" E along the Fast -West i section
line of said Section 12 a distance of 1611.40 feet to a railroa$ spike in
the existing centerline of Old Dixie Highway; thence run N 89 32124" W
along the East-West i section line of said Section 12 a distance of
1031.11 feet to a cone. mon. being the West i corner of said Section 12
and the end of the baseline of said 80 foot wide strip. Said 80 foot wide
strip is bounded on the East by the West line of the East i of said
Section 12 and bounded on the West by the West line of said Section 12.
Containing 4298.00 Sq. Ft., more or less.
;EXHIBIT "A"
12th STREET
PARCEL NO. 139
® PARENT DEED — RICHARD J. ZORC AND ARLYNE A. IARC
ORB 188, PAGE 612
The following described parcel of land lying in Section 129 Township 33 South,
Range 39 East, Indian River County, Florida more particularly described as follows,
® to wit:
That portion of the following described parcel as recorded in ORB, 188, Page
612, Public Records of Indian River County, Florida:
Beginning at the SE corner of the West I acres of the South 5 acres of
the E I of the SW I of the NE I of Section 12, Township 33 South,
Range 39 East, as a point of beginning, and from said point of beginning
run North along the East line of said West 11 acres, 135 feet, thence
run West parallel with the South line of said West 1i acres, 75 feet,
thence run South parallel with the East line ofsaid West 11 acres, 135
feet to the South boundary line of said West 113 acres, thence run East
along the South boundary line of said West 11 acres 75 feet to the. point
of beginning; situate in Indian River County, Florida.
That lies within the following described road Right -of -Way:
Being a strip of land 80 feet in width lying 43.5 feet North of and 36.5
feet South of a baseline being more particularly described as follows:
BEGIN at a railroad spike marking the Southwest corner of the
Southeast I of the Northeast :< of said Section 12; thence run
N 89 42'431, IV along the East -:Vest I section line of said Section 12 a
distance of 1331.01 feet to a nail in the existing centerline of U.S. 1
(S.R. 5) as shown on Florida O.T. Right -of -Way Map Section No.
8801-150,206; thence run S 89 2514011 E along the East-West I section
line of said Section 12 a distance of 1611.40 feet to a railroa$ spike in
the existing centerline of Old Dixie Highway; thence run N 89 32124" W
along the East-West I section line of said Section 12 a distance of
1031.11 feet to a cone. mon. being the West i corner of said Section 12
and the end of the baseline of said 80 foot wide strip. Said 80 foot wide
strip is bounded on the East by the {Vest line of the East I of said
Section 12 and bounded on the West by the West line of said Section 12.
Containing 3785 Sq. Ft., more or less.
EXHIBIT "A"
12th STREET
PARCEL NO. 140
PARENT DEED - RICHARD a. ZOIC AND ARLYNE A. ZORC
The following described parcel of land lying irr Section 12, Township 33 South,
Range 39 East, Indian River County, Florida more particularly described as follows,
to wit:
That portion of the following described parcel as recorded in ORB, 256, Page
121, Public Records of Indian River County, Florida:
Commence at the Southeast Corner of the West one and one-half acres
of the South five acres of the East half of the Southwest quarter of the
Northeast quarter of Section 12, Township 33 South, Range 39 East and
run West 75 feet to the Point of Beginning.. From the Point of
Beginning run__ West 12 feet to a point, thence run North 135 feet to a
point, thence run East 12 feet to the Northwest Corner of the Lands
conveyed to NANCY R. KNIGHT in O.R. Book 188 at Page 612 of the
Indian River County, Florida Public Records, thence run South along the
West line of the said NANCY R. KNIGHT lands a distance of 135 feet
to the Point of Beginning.
That lies within the following described road Right -of -Way:
Being a strip of land 80 feet in width lying 43.5 feet North of and 36.5
feet South of a baseline being more particularly described as follows:
BEGIN at a railroad spike marking the Southwest corner of the
Sout feast i of the Northeast I of said Section 12; thence run
N 89 42143" W along the East-West I section line of said Section 12 a
distance of 1331.01 feet to a nail in the existing centerline of U.S. 1
(S.R. 5) as shown on Florida R.O.T. Right -of -Way Map Section No.
8801-150,206; thence run S 89 25'40" E along the East-West i section
line of said Section 12 a distance of 1611.40 feet to a railroad spike in
the existing centerline of Old Dixie Highway; thence iun N 8903212411 W
along the East-West I section line of said Section 12 a distance of
1031.11 feet to a cone. rnon. being the West I corner of said Section 12
and the end of the baseline of said 80 foot wide strip. Said 80 foot wide
strip is bounded on the East by the West line of the East I of said
Section 12 and bounded on the West by the West line of said Section 12.
Containing 522 Sq. Ft., more or less.
LEXHIBIT "A"
12th STREET
PARCEL NO. 141
® PARENT DEED - PRANK L. ZORC
ORB 562, PAGE 1805
The following described parcel of land lying. in Section 12, Township 33 South,
• Range 39 East, Indian River County, Florida more particularly described as follows,
_ to wit:
That portion of the following described parcel as recorded in ORB, 562, Page
1805, Public Records of Indian River County, Florida:
From the SE corner of the West 11 acres of the South 5 acres of the
East I of the SW I of the NE 4 of Section 12, Township 33 South,
Range 39 East, thence run west along the south line of said West 11
acres a distance of 87 feet to the point of beginning, thence run North
parallel to the East line of said West 11 acres of the South 5 acres a
distance of 180 feet; thence run West parallel to the South line of said
West 11 acres a distance of 112.36 feet to the West line of said West 11
acres, thence run south along the West line thereof a distance of 180
feet to the Southwest corner of said West 13 acres, thence run Fast
along the South line thereof a distance of 112.77 feet to the point of
beginning. Subject to easements, restrictions, reservations, and rights-
of-way of record and taxes accruing subsequent to December 31, 1978.
That lies within the following described road Right -of -Way:
Being a strip of land 80 feet in width lying 43.5 feet North of and 36.5
feet South of a baseline being more particularly described as follows:
BEGIN at a railroad spike marking the Southwest corner of the
SoutF�east I of the Northeast i of said Section 12; thence run
N 89 421431, W along the East-West I section line of said Section 12 a
distance of 1331.01 feet to a nail in the existing centerline of U.S. 1
(S.R. 5) as shown on Florida B.O.T. Right -of -Way Map Section No.
8801-150,206; thence run S 89 25'4011 E along the East-West i section
line of said Section 12 a distance of 1611.40 feet to a railroa$ spike in
the existing centerline of Old Dixie Highway; thence run N 89 32124" W
along the East-West # section line of said Section 12 a distance of
1031.11 feet to a cone. mon. being the West I corner of said Section 12
and the end of the baseline of said 80 foot wide strip. Said 80 foot wide
strip is bounded on the East by the West line of the East I of said
Section 12 and bounded on the West by the West line of said Section 12.
Containing 4,905 Sq. Ft., more or less.
AXHIBIT "A"
12th STREET
PARCEL NO. 162
® I PARENT DEED - RICHARD J. ZORC AND ARLYNE A. ZORC
ORB 246, PAGE 227
The following described parcel of land lying in Section 129 Township 33 South,
® Range 39 East, Indian River County, Florida more particularly described as follows,
to wit:
That portion of the following described parcel as recorded in ORB, 246, Page
227, Public Records of Indian River County, Florida:
Lots 9 and 10, GABLER'S SUBDIVISION as recorded in Plat Book 2,
Page 80 Public Records of Indian River County.
That lies within the following described road Right -of -Way:
Being a strip of land 80 feet in width lying 43.5 feet North of and 36.5
feet South of a baseline being more particularly described as follows:
BEGIN at a railroad spike marking the Southwest corner of. the
Sou,geast i of the Northeast I of said Section 12; thence run
N 89 42'43" W along the East-West I section line of said Section 12 a
distance of 1331.01 feet to a nail in the existing centerline of U.S. 1
(S.R. 5) as shown on Florida D.O.T. Right -of -Way Map Section No.
8801-150,206; thence run S 89025140" E along the East-West I section
line of said Section 12 a distance of 1611.40 feet to a railroad spike in
the existing centerline of Old Dixie highway; thence run N 890321241, IV
along the East-West 3 section line of said Section 12 a distance of
1031.11 feet to a cone. mon. being the ]Vest I corner of said Section 12
and the end of the baseline of said 80 foot wide strip. Said 80 foot wide
strip is bounded on the East by the West line of the East # of said
Section 12 and bounded on the West by the West line of said Section 12.
TOGETHER WITH the following described parcel:
BEGIN at the point of intersection of the West right-of-way line of
State Road 605 (Old Dixie Highway) and a line 36.50 feet South of, as
measured at right angles, the above described baseline; thence S
14052143" E, along, the said West right-of-way line a distance o& 15.00
feet; thence N 52'12'34'1 W a distance of 23.85 feet; thence S 89 32124"
E a distance of 15.00 feet to the POINT OF BEGINNING.
Containing 1647 Sq. Ft., more or less.
EXHIBIT,A",
12th STREET
PARCEL NO. 163
i PARENT DEED - RICHARD J. ZORC AND ARLYNE A. ZORC
ORB 427, PAGE 864 (Less ORB 506, PAGE 19)
The following described parcel of land lying in Section 12, Township 33 South,
Range 39 East, Indian River County, Florida more particularly described as follows,
to wit:
That portion of the following described parcel as recorded in ORB, 427, Page
864, Less ORB 506, Page 19, Public Records of Indian River County, Florida;
Lot 13, GABLER'S SUBDMSION as recorded in Plat Book 2, Page 80
Public Records of Indian River County LESS North 110 Feet of West 75
Feet.
That lies within the following described road Right -of -Way:
Being a strip of land 80 feet in width lying 43.5 feet North of and 36.5
feet South of a baseline being more particularly described as follows:
BEGIN at a railroad spike more
the Southwest corner of the
Southeast I of the Northeast I of said Section 12; thence run
N 89 42'43" 1V along the East-West 4 section line of said Section 12 a
distance of 1331.01 feet to a nail in the existing centerline of U.S. 1
(S.R. 5) as shown on Florida 8 O.T. Right -of -Way Map Section No.
8801-150,206; thence run S 89 25'401' E along the East-West 4 section
line of said Section 12 a distance of 1611.40 feet to a railroa$ spike in
the existing centerline of Old Dixie Highway; thence run N 89 32124" W
along the Fast -West i section line of said Section 12 a distance of
1031.11 feet to a cone. mon. being the West I corner of said Section 12
and the end of the baseline of said 80 foot wide strip. Said 80 foot wide
strip is bounded on the Fast by the ]Vest line of the East I of said
Section 12 and bounded on the West by the West line of said Section 12.
Containing 288 Sq. Ft., more or less.
EXHIBIT "A"
PARCEL #101
DESCRIPTION OF PROPERTY TO BE CONVEYED
® to INDIAN RIVER COUNTY
•
The West 15 feet of the East 40 feet of Lot 8 of Vero Land
Company's Subdivision as shown on a plat recorded in Plat Book
3, Page 19 of the Public Records of St. Lucie County, Florida.
Said land now lying in Indian River County, Florida.
/o �4/rsi
Prepared b ��e°��� Ll �- - 00c--
arles A. Cramer, PLS
County Surveyor
Indian River County
EXHIBIT -'-B"
•
PARCEL #104
DESCRIPTION OF PROPERTY TO BE CONVEYED
to INDIAN RIVER COUNTY
The East
15 feet of
the West 40
feet of the following
described
tract:
Lot 15 of
Vero Land Company's Subdivision, except the South
110 feet
thereof; also
the East 1090
feet of the South 110
feet of
said Lot 15
of Vero Land
Company's Subdivision,
according
to the plat
thereof filed
in Plat Book 3, Page
19 of the
Public Records of St. Lucie
County, Florida. Said
land now lying in Indian
River County,
Florida.
Prepared bXJ/�'i�t,�,�u-`_
Charles A. Cramer, PLS
County Surveyor
Indian River County
EXHIBIT "B"
40
r-,
Exhibit "C" is a right-of-way map which is available for
review at the office of the Board of County Commissioners.
IEXHIBIT. "C"