HomeMy WebLinkAbout1985-0124A
404665
RESOLUTION 85-12
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, DECLARING THE
ACQUISITION OF CERTAIN PARCELS OF PROPERTY FOR
RIGHT OF WAY PURPOSES FOR THE DEVELOPMENT OF THE
® COUNTY ROAD 512 CORRIDOR IN INDIAN RIVER COUNTY,
FLORIDA, TO BE A PUBLIC NECESSITY AND AUTHORIZING
THE PREPARATION AND PROSECUTION OF EMINENT DOMAIN
PROCEEDINGS.
WHEREAS, the County is authorized by Florida Statutes
§127.01.(2) and §337.27(2) and (3) to acquire by eminent domain
•
those right of ways identified as necessary for future development
of transportation corridors designated by the County's Comprehen-
sive Land Use Plan; and
WHEREAS, the Comprehensive Land Use Plan identifies the
County Road 512 corridor as a major east-west arterial in the
North County area, the development of which will require acquisi-
tion of substantial road right of way, including specifically a
link between the existing Florida East Coast Railway tracks and
U. S. Highway #1, across those parcels more fully described in the
attached Exhibit "A;" and
WHEREAS, the parcels across which this link of future
County Road 512 development will extend are presently held in
private fee simple ownership, and in order to acquire subject
right of way, and to place the owners thereof on record notice
that condemnation is forthcoming, it is necessary for the County
Public Works Director and County Attorney to take legal action,
employ real estate appraisers, and do all such further acts as may
be reasonably required to carry out such condemnation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The foregoing recitals are adopted and ratified in
their entirety.
2. The acquisition of fee simple ownership for right of
rpt
way purposes to support the development of the County Road 512
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arterial corridor between the eastern boundaries of the Florida
East Coast Railway right of way and U.S. Highway #1 (State Road
#5), across those parcels more fully described in Exhibit "A"
This iloenment was prepared by,
sbouiii Oe re am d to. j
mid
Ufficey.
ibe i:ounty Attor�i y'e
—1— 100 2"All '"o Beach,,
Florida B290Q " .
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attached hereto, is declared to be in the interest of the citizens
of Indian River County and an absolute public necessity.
3. The County Attorney is hereby authorized and directed
to take all steps necessary for the County to acquire by donation,
purchase or eminent domain proceedings, the subject parcels, or so
much thereof as may be specifically delineated after further sur-
veying and planning, and to have prepared in the name of Indian
River County all papers, pleadings and other instruments required
for said purposes and to see that all eminent domain proceedings
are prosecuted to Final Judgment.
4. The County Attorney and County Public Works Director
are hereby further authorized and directed to take such other
action as may be reasonably required to fully accomplish the pur-
poses hereinabove stated.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded by
Commissioner Wodtke and, upon being put to a vote, the vote
was as follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 16th
and k'
cy
GG1y
Col:!ly At uey
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
day of January , 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIRIVER COUNTY, FLORIDA
By ',•
rTRICK NS
hairman
Acknow edged before me, the undersigned authority, this
day of , 1985, A. D.cn
o
No ry Vbl is
My Commission Expires:
NOTARY PUBLIC ST/�T OF FL, p
'.ONDED 111RU GENERAL INSURANCE Uyd F/ �... Y �
1AY COMMISSION EXPIRES JULY 8 19(16,. gym,
-2-
Attest:
STATE OF FLORIDA
nnnmTY or zmozAm nzvcm
-- -- Acknowledged before me, the undersigned authority, this
may --' 1905A.D.
No&rr,17, 1777,
My Commission Expires.
NOTARY PUBLIC STATE OF FL(SRIPA-0 6
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EXHTRTT "A"
1. thence, run Southwest 145.30 feet parallel to
s the Southerly line of said Bloc:: 3, also known
as the North line of that certain property
conveyed to Henry Storch as recorded in
Official Record Book 131, page 43, Public
Records of Indian River County, Florida, to the
Easterly right-of-way line of the Florida East
Coast Railway;
2. thence, run Northwesterly on the Easterly
right-of-way of Florida East Coast Railway, a
distance of 142.76 feet to the True Point of
Beginning;
3. thence, continue on the Easterly right -of --way
of the Florida East Coast Railway, a distance of
163.94 feet;
4. thence, run Easterly 174.068 feet parallel to t'a
the Southerly line of Government Lot 6 to the '-
Westerly right-of-way line of U.S. 1 (Stats
Road 5)
5. thence, run Southeasterly 100.00 feet on the
Westerly right-of-way line of U.S. 1 (State
Road 5 ) ;
6. thence, run Southwesterly 154.73 feet parallel
to the Southerly line of said Block 3 to the
True Point of Beginning.
Said land lying and being in the City of Sebastian,
Government Lot 6, Section 6, Township 31 South, Range 39 East,
Indian River County, Florida; and together with 1 tract of land in
the town of Sebastian, Florida, beginning at the Northwest corner
on the line between Kirk Brothers and J. Bruce Martin, and running
South for a distance of 150 feet along the line of the Florida
East Coast Railway Right of Way, thence running East to the
present line of Dixie Highway; thence North binding on the present
line of the Dixie Highway to a point at the Northeast corner of
the line between said Kirk Brothers and J. Bruce Martin; thence
running West with the line between said Kirk Brothers and J. Bruce
Martin to the beginning and right of way line of the Florida East
Coast Railway. LESS the right-of-way of State Road 5 as set forth
in Official Record Book 4, Page 337, Public Records of Indian
River County, Florida. Said land lying in Section 6, Township 31
South, Range 39 East, lying and being in Indian River County,
Florida.
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Beginning at
the intersection of the Southerly
line of
Block 3,
EDGEWATER PARK SUBDIVISION according to Plat Book
1, Page
23, Public
Florida)
Records of
and Westerly
St. Lucie County, (now Indian River
right-of-way line of U.S. #1 as same
County,
now
exists,
run Northwest
on the Westerly right-of-way line
of said
highway
a distance of
350 feet;
1. thence, run Southwest 145.30 feet parallel to
s the Southerly line of said Bloc:: 3, also known
as the North line of that certain property
conveyed to Henry Storch as recorded in
Official Record Book 131, page 43, Public
Records of Indian River County, Florida, to the
Easterly right-of-way line of the Florida East
Coast Railway;
2. thence, run Northwesterly on the Easterly
right-of-way of Florida East Coast Railway, a
distance of 142.76 feet to the True Point of
Beginning;
3. thence, continue on the Easterly right -of --way
of the Florida East Coast Railway, a distance of
163.94 feet;
4. thence, run Easterly 174.068 feet parallel to t'a
the Southerly line of Government Lot 6 to the '-
Westerly right-of-way line of U.S. 1 (Stats
Road 5)
5. thence, run Southeasterly 100.00 feet on the
Westerly right-of-way line of U.S. 1 (State
Road 5 ) ;
6. thence, run Southwesterly 154.73 feet parallel
to the Southerly line of said Block 3 to the
True Point of Beginning.
Said land lying and being in the City of Sebastian,
Government Lot 6, Section 6, Township 31 South, Range 39 East,
Indian River County, Florida; and together with 1 tract of land in
the town of Sebastian, Florida, beginning at the Northwest corner
on the line between Kirk Brothers and J. Bruce Martin, and running
South for a distance of 150 feet along the line of the Florida
East Coast Railway Right of Way, thence running East to the
present line of Dixie Highway; thence North binding on the present
line of the Dixie Highway to a point at the Northeast corner of
the line between said Kirk Brothers and J. Bruce Martin; thence
running West with the line between said Kirk Brothers and J. Bruce
Martin to the beginning and right of way line of the Florida East
Coast Railway. LESS the right-of-way of State Road 5 as set forth
in Official Record Book 4, Page 337, Public Records of Indian
River County, Florida. Said land lying in Section 6, Township 31
South, Range 39 East, lying and being in Indian River County,
Florida.
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