HomeMy WebLinkAbout1986-013O
O
RESOLUTION NUMBER 86-13
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the construction of a southerly
extension to Indian River Boulevard including improvements to
connecting roadways such as Twelfth Street and Sixth Avenue is
es'
necessary tc relieve traffic congestion along the U.S. 1
corridor; and
WHEREAS, the Indian River County Public Works Division, in
conjunction with private consultants, has prepared plans for the
construction and the paving and drainage improvements necessary
to complete the southerly extension of Indian River Boulevard and
easterly extension of Twelfth Street; and
WHEREAS, Peggy Jane Schacht, individually and as Trustee and
R. A. Schacht and Peggy Schacht, his wife, are the owners of
approximately 18 acres of property (said land being legally
described in Exhibit "A" attached hereto) through which a portion
of the proposed southerly extension of Indian River Boulevard;
and
WHEREAS, the property owned by Peggy Jane Schacht,
individually and as Trustee and R. A. Schacht and Peggy Schacht,
his wife, pursuant to the Comprehensive Land Use Plan of Indian
River County has a land use designation of MD -2, medium density
residential (up to ten units/acre); and
WHEREAS, Peggy Jane Schacht, individually and as Trustee and
R. A. Schacht and Peggy Schacht, his wife, have indicated their
intention to apply for zoning consistent with the Comprehensive
Land Use Plan as to some 18 acres of the aforesaid property; and
WHEREAS, the Board of County Commissioners of Indian River
County recognizes that the County would have to purchase from -
Peggy Jane Schacht, individually and as -Trustee and R. A. Schacht
and Peggy Schacht, his wife, the property needed for the right-
of-way or institute proceedings to acquire the property needed by
the County for the Indian River Boulevard, which would require
payment by the County of the fair market value of the property;
and
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NOW, THEREFORE, be it resolved by the Board of County
Commissioners of Indian River County, Florida that:
1. Indian River County hereby accepts the donation and
dedication of land for the southerly extension of Indian River
Boulevard, said land being more fully described in Exhibit "B"
attached hereto.
2. Indian River County confirms and stipulates that the
land described herein as Exhibit "B" which is to be contributed
to the county is subject to Indian River County Code of Laws and
Ordinances, Appendix A, Zoning Section 23.3(d)(1)(c) and the
provisions of said law as of the date hereof shall apply to the
property described in Exhibit "B" and Exhibit "A".
3. Indian River County agrees not to assess any of the
initial costs of paving, drainage and pedestrian and related
improvements to Indian River Boulevard, Twelfth Street and Sixth
Avenue against Peggy Jane Schacht, individually and as Trustee
and R. A. Schacht and Peggy Schacht, his wife, or to their
successors or assigns.
4. That the deeds from Peggy Jane Schacht and R. A.
Schacht and Peggy Schacht, his wife, shall provide that if the
construction of paving and drainage improvements to the southerly
extension of Indian River Boulevard are not begun within five
years from the date hereinafter set forth, then ownership of the
property described herein shall revert to Peggy Jane Schacht,
individually and as Trustee and R. A. Schacht and Peggy Schacht,
his wife, or their successors or assigns.
5. Indian River County will oversize ;:he proposed Indian
River Boulevard sewer line to the Vero Beach Waste Water
Treatment Plant to accommodate the property described in Exhibit
"A" as zoned and in accordance with Zoning Section 23.3(d)(1)(c).
The county will also request the city of Vero Beach to increase
the waste water allocation to serve the properties described in
Exhibit "A". Although sewer impact fees would still be required,
line extension fees would not be necessary.
6. Indian River County agrees that in the construction of
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the road, a positive drainage outfall will be provided for
drainage overflow purposes to serve the property described in
Exhibit "A" as well as all other property along the proposed
Indian River Boulevard. The roadway has been designed to meet the
State of Florida DER Water Quality Criteria established by
Florida Administrative Code, Chapter 17-3. The resulting drainage
swale system will be available to channel the overflow generated
from abutting property exceeding the 10 year, 24 hour storm
event. The design for road drainage should not restrict or impede
the existing drainage but will allow for the overflow from
adjacent properties and should improve the drainage.
7. Primary or secondary access to the property described
in Exhibit "A" from the Indian River Boulevard extension will be
provided. Primary access to the property described in Exhibit "A"
will also be permitted along Sixth Avenue.
The foregoing resolution was offered by Commissioner
Wodtke who moves its adoption. The Motion was
seconded by Commissioner Bowman and upon
being put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Absent
Commissioner Richard N. Bird Absent
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the Resolution duly passed
and Adopted this 26 day of March, 1986.
ATTEST: BOARD OF COUNTY
COMMISSIONERS OF INDIAN
E�y3,,� RIVER COUNTY, FLORIDA
Freda Wright, • T" By: / G
Clerk to th' _"oa '
A7legal
as to form
auffic�ncyB
CitunacFCorney
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EXHIBIT A
Lott) 15 and 16, Vero Land Company's Subdivision, according
to plat thereof recorded in Plat Book 3, Page 19, Public Records
of St:. Lucle (now Indian River) County, Florida.
Schedule "A"
INDIAN RIVER BOULEVARD
PARCEL NO. 113.0
PARENT DEED - PEGGY JANE SCIiACHT, AS TRUSTEE
O.R.B. 636 PG 1982
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, 0636,
Page 1982, Public Records of Indian River County, Florida:
Lot 15, Vero Land Company's Subdivision, less the West 210.42 feet,
according to Plat Book 3, Page 19, Public Records of St. Lucie (Now
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 n radius of 954.93 feet; thence
Sogthwesterly along the are 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 Sputhwesterly along the arc of said
curve through a central angle of 31"0010011 a distance of 516.67 feet to
its point of tangency with a line parallel with and 75.00 feet Easterly
of, as measgred at right angles, the Westerly line of said Section 7;
thence S 00 29117" 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 are of said curve through a
central angle of 08052'18", a distance of 354.87 feet; thence S 09021'35"
W 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
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 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" W along said parallel line a disiance 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 thro%h a central
angle of 86014'44", a distance of 862.46 feet; thence S 86 55104" W a
Sept 1984, Revised Dec . 1984
Job No. 4395.01-05
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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 teminatq Northerly at said South line of Government Lot 2 in
said Section 7
Containing 2604 Sq. Pt., more or less.
Sept 1984, Revised Dec. 1984
Job No. 4395.01-05
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EXHIBIT "B"
INDIAN RIVER BOULEVARD
PARCEL NO. 112.0
PARENT DEED, - R.A. & PEGGY SCHACHT
ORB 0610 PG 0462
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, 610, Page
462, Public Records of Indian River County, Florida:
Lot 16 Vero Land Company's Subdivision, according to Plat Book 3,
Page 19, Public Records of St. Lucie (Now 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 cerlterline:
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 89013138" 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
Sogthwesterly along the are of said curve throbgh a central angle of
33 20122" a distance of 555.66 fact; 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 S8uthwesterly 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" IV 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 09021135"
1V a distance of 319.85 feet to the Northerly line of said Section 13;
thence continuing S 09021'35" IV 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 nl`onr 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" W along said parallel line a distnnce 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 snid curve throV a central
angle of 8601414411, a distance of 862.46 feet; thence S 86 55104" 1V a
Sept 1984, Revised Dec. 1984
Job No. 4395.01-05
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distance of 141.61 feet to the Easterly Right"of Stay of U. S. Iiighway
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. Ilighway No. 1
and to teminate Northerly at said South line of Government Lot 2 in
said Section 7
Containing 17, 471 Sq. Ft., more or less.
Sept 1984, Revised Dec. 1984
Job No. 4395.01-05
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OR
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• • 8th STREET
PARCEL NO. 124
PARENT DEED - R.A. AND PEGGY SCHACHT
ORIS OG10, PAGE 0462
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, 0610,
Page 0462, Public Records of Indian River County, Florida:
Lot 16 of VERO LAND CO111PANYS SUBDIVISION, as recorded in Plat
Book 3, Page 19 of the Public Records of St. Lucie County, Florida, said
property now lying and being in Indinn (liver Cotuily, Florida.
— That lies within the following described road Right -of -Way:
Commence at the Northeast Corner of said Section 13, Township 33
South, Range 40 Fast; thence N 89025111" IV, along the North line of
said Section 13, a distance of 77.64 feet to the Westerly right-of-way
line of Indian River Boulevard (as proposed) and the POINT OF
BEGINNING. Thence S 09021'35" IV, along said Westerly right-of-way
line, a distance of 55.36 feet; thence N 4001'48" 1V a distance of 32.54
feet; thence N 89025111" W, parallel with and 30.00 feet South of the
said North line of Section 13, a distance of 35.36 feet to the East right-
of-way line of 6th Avenue; thence N 00036113" E, along said dust right-
of-way of 6th Avenue, a distance of 130.00 feet; thence S 44 24'29" E a
distance of 35.35 feet; thence' S 89025,11" E, parallel with and 50.00
feet North of the acid North line of Section 13, a distance of 1174.40
feet; thence N 49 58112" E a distance of 45.55 feet to the aforesaid
Westerly right-of-way line of Indian River Boulevard (as proposed);
thence S 09 21135" IV, along said 'Nest right-of-way line, a distance of
80.59 feet to the POINT OF BEGINNING.
Containing 43,713 Sq. Ft., more or less.
Oct., 1984, Revised Nov., 1984
Job No. 4395.01-05