HomeMy WebLinkAbout1985-071RESOLUTION NO. 85-71
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 INDIAN RIVER
BOULEVARD SOUTHERLY EXTENSION FROM 16TH STR3ET TO THE
INTERSECTION OF 4TH STREET AND U. S. 1 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 9337.27(2) and (3) to acquire by eminent domain
i
those rights of way 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
Indian River Boulevard corridor, southerly extension from the
existing terminus at 16th Street through to the intersection of
4th Street and U. S. 1 as a major north/south arterial in the
South County area, the development of which will require acquisi-
tion of substantial road right of way, including specifically
those parcels more fully described in the attached Exhibit "A";
and
WHEREAS, the Board of County Commissioners, on April
10, 1985, unanimously approved the right of way alignment for the
southerly extension of Indian River Boulevard as described herein;
and
WHEREAS, those parcels described in Exhibit "A" across
which the future Indian River Boulevard southerly extension will
extend are presently held in private fee simple ownership; and
WHEREAS, 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
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 of the
-1-
® = EXHIBIT "A"
INDIAN RIVER BOULEVARD
PARCEL NO. 108.0
PARENT DEED - EVELYN E. BEAL
O.R.B. 0602 PG. 0609
The following described parcel of land lying in Section 13, 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, 0602,
Page 0609, Public Records of Indian River Co:uity, Florida:
Beginning at a point on the East line of Section 13, Township 33 South,
Range 39 East, 660 feet South of the Northeast corner of said Section
13, thence run West 900 feet, thence South 210 feet, thence Nest 420
feet, thence South 186 feet, thence East 1320 feet and thence North 396
feet to the Point of Beginning.
That lies within the following described road Right -of -Way:
A strip of land 150.00 feet in width lying in Sections 12 and 1.3, Township 33
South, Range 39 East and Sections 7 and 18, Township 33 South, Range 40
East, all in Indian River County, Florida, lving 75.00 feet on each side of the
following described centerline:
Commencing at the intersection of the South line of Government Lot 2 in
said Section 7 with the Southerly terminus of the centerline of an existing
Right of Way 200.00 feet wide, as described in Official Record Book 1.10,
Page 204 Public Records of Indian River County; thence N 89013'38" !V along
said South line, a distance of 10.01 feet to the POINT OF BEGINNING;
Thence S 01051'05" E a distance of 512.76 feet to the beginning of a
curve concave to the Northwest having a radius of 954.93 feet; thence
Southwesterly along the are of said curve through a central angle of
33020'22" a distance of 555.66 feet; thence S 31029117" W a distance of
940.00 feet to the beginning of a curve concave to the Southeast having
a radius of 954.93 feet; thence Southwesterly along the arc of said
curve through a central ankle of 31000'00" a distance of 516.67 feet to
its point of tangency with a line parallel with and 75.00 feet Easterly
of, as measured at right angles, the Westerly line of said Section 7;
thence S 00029'17" W along said parallel line, a distance of 979.31 feet
to the beginning; of a curve concave to the Northwest having a radius of
2291.83 feet; thence Southerly along the arc of said curve through a
central angle of 0805211811, a distance of 354.87 feet; thence S 09021'35"
1V a distance of 319.85 feet to the Northerly line of said Section 13;
thence continuing S 09021'35° W a distance of 310.88 feet to the
befrinning of a curve concave to the Southenst having a radius of
2291.83 feet; thence Southerly along the arc of said curve through a
central angle of 08041'15" a distance of 347.50 feet to its point of
tangency with a line parallel with and 75.00 feet Westerly of, as
measured at right angles, the East line of said Section 13; thence
S 00°40'20" 1V along said parallel line a distance of 1371.23 feet to the
beginning of a curve concave to the Northwest having a radius of 572.96;
Sept 1984, Revised Nov. 1984
Job No. 4395.01-05
ei
feet; thence Southwesterly along the arc of said curve through a central
angle of 8601414411, a distance of 862.46 feet; thence S 86455104/1 W a
distance of 141.61 feet to the Easterly Right of Way of U. S. Highway
No. 1 (State Road No. 5) as shown on Right of Way map for Section No.
88010-2206, Sheet 2, dated April 1952, revised 8-21-57.
The sidelines of said strip are to be prolonged or shortened to terminate
Westerly at said Easterly Right of Way line of said 17. S. Highway No. 1
and to teminate Northerly at said South line of Government Lot 2 in
said Section 7
Containing 59,302 Sq. Pt., more or less.
Sept 1984, Revised Nov. 1984
Job No. 4395.01-05
INDIAN RIVER BOULEVARD
PARCEL NO. 118.0
PARENT DEED - JOHN G. POSTWEILER
O.R.B. 322 PG 450
The following described parcel of land lying in Section 7, Township 33 South, Range
40 East, Indian River County, Florida more particularly described as follows, to
wit:
That portion of the following described par,.al as recorded in ORB, 0322,
Page 0450, Public Records of Indian River County, Florida:
The South 10 acres of Government Lot 5; and the South 10 acres of
Government Lot 6, Section 7, Township 33 South, Range 40 East, Indian
River County, Florida.
That lies within the following described road Right -of -Way:
A strip of land 150.00 feet in width lying in Sections 12 and 13, Township 33
South, Range 39 East and Sections 7 and 18, Township 33 South, Range 40
East, all in Indian River County, Florida, lying 75.00 feet on each side of the
following described centerline:
Commencing at the intersection of the South line of Government Lot 2 in
said Section 7 with the Southerly terminus of the centerline of an existing
Right of Way 200.00 feet wide, as described in Official Record Book 110,
Page 204 Public Records of Indian River County; thence N 89013'38" W along
said South line, a distance of 10.01 feet to the POINT OF BEGINNING;
Thence S 01051'05" E a distance of 512.76 feet to the beginning of a
curve concave to the Northwest having a radius of 954.93 feet; thence
Southwesterly along the arc of said curve through a central angle of
33020122" a distance of 555.66 feet; thence S 31029117" W a distance of
940.00 feet to the beginning of a curve concave to the Southeast having
a radius of 954.93 feet; thence Sguthwesterly along the arc of said
curve through a central angle of 31')00100" a distance of 516.67 feet to
its point of tangency with a line parallel with and 75.00 feet Easterly
of, as measured at right angles, the Westerly line of said Section 7;
thence S 00029117" W along said parallel line, a distance of 979.31 feet
to the beginning of a curve concave to the Northwest having a radius of
2291.83 feet; thence Southerly along the arc of said curve through a
central angle of 08052'18", a distance of 354.87 feet; thence S 0902135"
W, a distance of 319.85 Feet to the Northerly line of said Section 13;
thence continuing S 09 21135" 1V a distance of 310.88 feet to the
beginning of a curve concave to the Southeast having a radius of
2291.83 feet; thence Southerly along the are of said curve through a
central angle of 08041'15" a distance of 347.50 feet to its point of
tangency with a line parallel with and 75.00 feet Westerly of, as
measured at right angles, the East line of said Section 13; thence
S 00040120" 1V along said parallel line a distance of 1371.23 feet to the
beginning of a curve concave to the Northwest having a radius of 572.96
feet; thence Southwesterly along the arc of said curve throumh a central
angle of 860141441, a distance of 862.46 feet; thence S 8055104" IV a
Sept 1984, Revised Nov. 1984
Job No. 4395.01-05
distance of 141.61 feet to the Easterly Right of Way of U. S. Highway
No. 1 (State Road No. 5) as shown on Right of Way map for Section No.
88010-2206, Sheet 2, dated April 1952, revised 8-21-57.
The sidelines of said strip are to be prolonged or shortened to terminate
Westerly at said Easterly Right of Way line of said U. S. Highway No. 1
and to teminate Northerly at said South line of Government Lot 2 in
said Section 7
Containing 49,909 Sq. Ft., more or less.
Sept 1984, Revised Nov. 1984
Job No. 4395.01-05
33
1
INDIAN RIVER BOULEVARD
PARCEL NO. 109.0
PARENT DEED - FRED K. AND KATHERINE. O. SMELTZER
O.R.B. 330 PG. 333
The following described parcel of land lying in Section 13, 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, 330, Page
333 Public Records of Indian River County, Florida:
The North I of the Northeast 4 of the Northeast 4, less the North 10
acres, Section 13, Township 33 South, Range 39 East, Indian River
County, Florida, LESS THE FOLLOWING DESCRIBED PROPERTY:
From the Northwest corner of the Northeast quarter of the Northeast
quarter of Section 13, Township 33 South, Range 39 East, run South 545
feet; thence run East 25 feet to the East Right -of -Way line of Fultz
Road to a pipe which is the point of beginning; thence run East 150 feet
to an iron pipe; thence run South 90 feet to an iron pipe; thence run
West 150 feet to an iron pipe; thence run North 90 feet to the point of
beginning; said land lying and being in Indian River County, Florida.
That lies within the following described road Right -of -Way:
A strip of land 150.00 feet in width lying; in Sections 12 and 13, Township 33
South, Range 39 East and Sections 7 and 18, Township 33 South, Range 40
East, all in Indian River County, Florida, lying 75.00 feet on each side of the
following described centerline:
Commencing at the intersection of the South line of Government Lot 2 in
said Section 7 with the Southerly terminus of the centerline of an existing
Right of Way 200.00 feet wide, as described in Official Record Book 110,
Page 204 Public Records of Indian River County; thence N 89013'38" IV along
said South line, a distance of 10.01 feet to the POINT OF BEGINNING;
Thence S 01051'05" E a distance of 512.76 feet to the beginning of a
curve concave to the Northwest having a radius of 954.93 feet; thence
Southwesterly along the arc of said curve through a central angle of
33020122" a distance of 555.66 feet; thence S 31029117" W a distance of
940.00 feet to the beginning of a curve concave to the Southeast having
a radius of 954.93 feet; thence Southwesterly along the arc of said
curve through a central angle of 31000100" a distance of 516.67 feet to
its point of tangency with a line parallel with and 75.00 feet Easterly
of, as measbired at right angles, the Westerly line of said Section 7;
thence S 00 29117" 1V along slit; parallel line, a distance of 979.31 feet
to the beginning of a curve concave to the Northwest having a radius of
2291.83 feet; thence Southerly along the arc of said curve through a
central angle of 0805211811, a distance of 354.87 feet; thence S 09021135"
IV a distance of 319.85 feet to the Northerly line of said Section 13;
thence continuing S 09021'35" 1V a distance of 310.88 feet to the
beginning of a curve concave to the Southeast having a radius of
Sept 1984, Revised Nov. 1981
Job No. 4395.01-05
of
2291.83 feet; theneg Southerly along the are of said curve through a
central angle of 08 41115" a distance of 347.50 feet to its point of
tangency with a line parallel with and 75.00 feet Westerly of, as
measured at right angles, the East line of said Section 13; thence
S 00040120" 1V along said parallel line a distance of 1371.23 feet to the
beginning of a curve concave to the Northwest having a radius of 572.96
feet; thence Southwesterly along the are of said curve through a central
angle of 860.1414411, a distance of 862.46 feet; thence S 86655'04" IV a
distance of 141.61 feet to the Easterly Right of Way of U. S. Highway
No. 1 (State Road No. 5) as shown on Right of Way map for Section No.
88010-2206, Sheet 2, dated April 1952, revised 8-21-57.
The sidelines of said strip are to be prolonged or shortened to terminate
Westerly at said Easterly Right of Way line of said U. S. Highway No. i
and to teminate Northerly at said South line of Government Lot 2 in
said Section 7
Containing 47,917 Sq. Pt., more or less.
Sept 1984, Revised Nov. 1984
Job No. 4395.01-05
INDIAN RIVER BOULEVARD
PARCEL NO. 107
PARENT DEED - PAUL C. WffrrE AND STELLA L. wirrE
D.B. 0057 PG 0040
Tile following described parcel of land lying in Section 13, Township 33 South,
Florida more particularly described as follo':vs,
Range 39 East, Indian River County,
to wit:
That portion of the following describ.:d parcel as recorded in DB, 0057, Page
0040, Public Records of Indian River County, Florida:
+�
The South 8 Acres of the Northeast quarter (NEI) of the Northeast
South, Range 39 East, Indian
-
quarter (NE) of Section 13, Township 33
River County, Florida.
That lies within the following described road Right-of-lVay:
A strip of land 150.00 feet in width lying in Sections 12 and 13, Township 33
Township 33 South, Range 40
South, Range 39 East and Sections 7 and 18,
lying 75.00 feet on each side of the
East, all in Indian River County, Florida,
following described centerline:
Commencing at the intersection of the South line of Government Lot 2 in
Section 7 with the Southerly terminus of the centerline of an existing
said
Right of Way 200.00 feet wide, as described in Official Record Book 110,
of Indian River County; thence N 89°13'38" W along
Page 204 Public Records
said South line, a distance of 10.01 feet to the POINT OF BEGINNING;
Thence S 01°51'05" E a distance of 512.76 feet to the beginning of a
curve concave to the Northwest having a radius of 954.93 feet; thence
throggh a central angle of
Southwesterly along the arc of said curve
S 31 29117" lti a distance of
.».�
33°20'22" a distance of 555.66 feet; thence
940.00 feet to the beginning of a curve concave to the Southeast having
��,•�
a radius of 954.93 feet; thence Sguthwesterly along the arc of said
31 00'00" a distance of 516.67 feet to
curve through a central angle of
its point of tangency with a line parallel with and 75.00 feet Easterly
..,a
-
of, as measured at right angles, the Westerly line of said Section 7;
_
thence S 00°29'17" W along said parallel line, a distance of 979.31 feet
to the Northwest having a radius of
"
to the beginning of a curve co ncave
2291.83 feet; thence Southerly along the are of said curve through a
central angle of 08°52'18", a distance of 354.87 feet; thence S 09 21'35"
W a distance of 319.85 feet to the Northerly line of said Section 13;
thence continuing S 09°21'35" 1V a distance of 310.88 feet to the
to the Southeast having a radius of
beginning of a curve concave
2291.83 feet; thence Southerly along the are of said curve through a
central angle of 08°41'15" n distance of 347.50 feet to its point of
as
tangency with a line parallel with and 75.00 feet Westerly of,
measured at right angles, the East line of said Section 13; thence
S 00°40'20" yV along said parallel line a distance of 1371.23 feet to the
beginning of a curve concave to the Northwest having a radius of 572.96
feet; thence Southwesterly along the arc of said curve through a central
55'04" 1V
angle of 86°14'44", a distance of 862.46 feet; thence S 86 a
Sept 1984, Revised Nov. 1984
'' ' '
Job No. 4395.01-05
distance of 141.61 feet to the Easterly Ttight of Nay of U. S. Highway
No. 1 (State Ttoad No. 5) as shown on Right of Way map for Section No.
88010-2206, Sheet 2, dated April 1952, revised 8-21-57.
The sidelines of said strip are to be prolonged or shortened to terminate
Westerly at said Easterly Right of Way line of said U. S. Highway No. 1
and to teminate Northerly at said South line of Government Lot 2 in
said Section 7
Containing 40,323 Sq. Ft., more or less.
Sept 1984, 'Revised Nov. 1984
Job No. 4395.01-05
it p Gm �.
INDIAN RIVER BOULEVARD
PARCEL NO. 106.0
PARENT DEED - THOMAS O. FULTZ AND OLA B. FULTZ
O.R.B. 77, PG. 222
The following described parcel of land lying in Section 13, 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, 0077,
Page 0222, Public Records of Indian River County, Florida:
From the Northwest corner of the SEI of the NEI of Section 13,
Township 33 South, Range 39 East, run Easterly a distance of 575.0 feet
to point of beginning, thence run Easterly along the same line a
distance of 745.0 feet to a point; thence run Southerly and parallel to
the 1/4 Section line a distanced of 330.0 feet to a point; thence run
Westerly a distance of 745.0 feet to a point; thence run Northerly and
parallel to said 1/4 section line a distance of 330.0 feet to the point of
beginning.
That lies within the following described road Right -of -!Nay:
A strip of land 150.00 feet in width lying in Sections 12 and 13, Township 33
South, Range 39 East and Sections 7 and 18, Township 33 South, Range 40
East, all in Indian River County, Florida, lying 75.00 feet on each side of the
following described centerline:
Commencing at the intersection of the South line of Government Lot 2 in
said Section 7 with the Southerly terminus of the centerline of an existing
Right of IVay 200.00 feet wide, as described in Official Record Book 110,
Page 204 Public Records of Indian River County; thence N 89°13'38" W along
said South line, a distance of 10.01 feet to the POINT OF BEGINNING;
Thence S 01°51'05" E a distance of 512.76 feet to the beginning of a
curve concave to the Northwest having a radius of 954.93 feet; thence
Sogthwesterly along the arc of said curve throggh a central angle of
33 20122" a distance of 555.66 feet; thence S 31 29117" W a distance of
940.00 feet to the beginning of a curve concave to the Southeast having
a radius of 954.93 feet; thence Sguthwesterly along the arc of said
curve through a central angle of 31 00100" a distance of 516.67 feet to
its point of tangency with a line parallel with and 75.00 feet Easterly
of, as measured at right angles, the Westerly line of said Section 7;
thence S 00°29'17° W alone; said parallel line, a distance of 979.:11 feet
to the beginning of a curve concave to the Northwest having a radius of
2291.83 feet; thence Southerly along the arc of said curve through a
central angle of 08°52'18", a distance of 354.87 feet; thence S 09°21'35"
11 a distance of 319.85 feet to the Northerly line of said Section 13;
thence continuing S 09°21'35" 1V a distance of 310.88 feet to the
beginning of a curve concave to the Southeast having a radius of
2291.83 feet; thence Southerly along the arc of said curve through a
central angle of 08°41'15" a distance of 3.17.50 feet to its point of
tangency with a line parallel with and 75.00 feet Westerly of, as
Sept 1984, Revised Nov. 1984
Job No. 4395.01 -n5
measured at right angles, the East line, of said Section 13; thence
S 00° e a distance of 1371.23 feet to the
40'20" ';V along said parallel lin
beginning of a curve concave to the Northwest having a radius of 572.96
feet; thence Southwesterly along the arc of said curve through a central
angle of 86°14'44", a distance of 862.46 feet; thence S 86655'04" 11 a
distance of 141.61 feet to the Easterly Right of Way of U. S. Highway
No. 1 (State Road No. 5) as shown on Right of Ala
y map for Section No.
88010-2206, Sheet 2, dated April 1952, revised 8-21-57.
The sidelines of said strip are to be prolonged or shortened to terminate
Westerly at said Easterly Right of Way line of said U. S. Highway No. 1
and to teminate Northerly at said South line of Government Lot 2 in
said Section 7
Containing 49,953 Sq. Ft., more or less.
Sept 1984, Revised Nov. 1984
j1 h un, 4395.n1 -n5