HomeMy WebLinkAbout1985-049LE
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RESOLUTION NO. 85-49
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 EXTENSION OF LATERAL A ROAD IN INDIAN
RIVER COUNTY, FLORIDA, TO BE A PUBLIC NECESSI`fY 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
Lateral A road corridor as a major north -south collector road in
the north County; and
WHEREAS, in order to construct La'.aral A Road between
County Road 510 and Schumann Drive, the County must still acquire
two certain parcels of property described in this resolution in
the attached Exhibit "A"; and
WHEREAS, the parcels necessary are presently held in
private fee simple ownership, and, failing negotiations to obtain
the parcels voluntarily, 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
COMMISSIONERS 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-way purposes to support the development of Lateral A Road
between County Road 510 and the south extension of Schumann Drive,
across those parcels more fully described in Exhibit "A" attached
hereto, is declared to be in the interest of the citizens of
Indian River County and an absolute public necessity.
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3. The County Attorney is hereby authorized and
directed to take all steps necessary for the County to acquire by
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donation, purchase or eminent domain proceedings, the subject
parcels, or so much thereof as may be specifically delineated
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after further surveying and review, 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.
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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
purposes hereinabove stated.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Nodtke 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 Ave
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared Resoluflon No. 85-49�,
adopted and duly passed this 8th day of Ray 1985.
Attest:1J
FREDA7WRIGHT
Clerk
APPROVED TO FORM
AND L SII ICIENCY
By
COUN AT ORNEY
attachment
BOARD O COUNTY COMMISSIONERS
OF I �14A
RRICOUNTY, FLORIDA
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EXHIBIT "A"
The West 35 feet of the following described parcel:
Beginning at the Southwest corner of the Northwest quarter of the
Southwest quarter of Section 29, Township 31 South, Range 39 East,
run North 528 feet, then run East 199 feet then run South 528
feet, then run West to the point of beginning, said land lying and
being in Indian River County, Florida; as in Deed Book 35, Page
211, of the Public Records of Indian River County, Florida.
and
The East 35 feet of the following described parcel:
The East 1/2 of the Southeast quarter of Section 30, Township 31
South, Range 39 East, Indian River County, Florida