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HomeMy WebLinkAbout1986-09010/86(Reso)LEGAL(Wk) RESOLUTION NO. 86- 90 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE DEDICATION OF LAND FROM JAMES M. CRONIN AND THE ESTATE OF APPLING S. WELLS, Ill FOR THE SOUTHERLY EXTENSION OF INDIAN RIVER BOULEVARD; GRANTING TRANSFER OF DENSITY CREDIT FOR DEVELOPMENT PURPOSES; AGREEING NOT TO FILE CONDEMNATION PROCEEDINGS AGAINST THAT PROPERTY; AND AGREEING NOT TO ASSESS THE INITIAL COSTS OF CONSTRUCTION AGAINST JAMES M. CRONIN AND THE ESTATE OF APPLING S. WELLS, III. WHEREAS, the Board of County Commissioners of Indian River County has determined that the construction of a southerly extension to Indian River Boulevard is necessary to relieve traffic congestion along the U. S. #1 corridor; and WHEREAS, the Indian River County Public Works Department, in conjunction with private consultants, has prepared plans for and begun construction of the paving and drainage improvements to complete the southerly extension of Indian River Boulevard; and WHEREAS, James M. Cronin and the Estate of Appling S. Wells, III were the owners of property through which a portion of the southerly extension of Indian River Boulevard shall pass; and WHEREAS, the Board of County Commissioners of Indian River County was prepared to file court proceedings to acquire the property described herein through condemnation; and WHEREAS, upon being advised of the Board's intent to file condemnation proceedings, James M. Cronin and the Estate of Appling S. Wells, III agreed, subject to the conditions contained herein, to donate to Indian River County the portions of their property necessary to create the right of way for the southerly extension of Indian River Boulevard; and WHEREAS, the Board of County Commissioners of Indian River County, on behalf of all the citizens of Indian River County, wishes to thank James M. Cronin and the Estate of Appling S. Wells, III for their donation to Indian River County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: • of 1. Indian River County hereby accepts the donation and dedication of land for the Indian River Boulevard right of way from James M. Cronin and the Estate of Appling S. Wells, ill, said land being more fully described in Exhibit "A" attached hereto. 2. The land herein described may be included in the acreage calculation for the purposes of density determination when the parcel from which the land was dedicated is proposed for development, pursuant to Indian River County Code of Laws and Ordinances, Appendix A, Zoning, Section 25(t). 3. Indian River County agrees not to file any court action against James M. Cronin and the Estate of Appling S. Wells, III to acquire the property described herein through condemnation. 4. Indian River County will not assess any of the initial costs of paving and drainage improvements to Indian River Boulevard against James M. Cronin and the Estate of Appling S. Wells, III. The foregoing resolution (No. 86-90i_) was offered by Commissioner Lyons v________ who moved 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 Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, JrAYe The Chairman thereupon declared the resolution duly passed and adopted this 21st day of October, 1986. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By n c A�•test --6on cur nc c, Jr. on 1'' Chairman read- wr i g Appr vec� s form "'j'and leg fi ency: mes wn son sista t County Attorney SCIIe,jUle "A" ,, 4440/ ONIN AND APPLING S. WELLS, III As TenanLs in Common CI.It.U. 0638 PG. 0010 The following described parcel of land lying, in Section 13, Township 31 South, flange 39 East, Indian .►liver County, Florida more particularly described as follows, ® to wit: That portion of the following; described parcel as recorded in ORD, 0638, Page 0010 Public itecords of Indian River County, Florida: The North 10 Acres of the North half (0) of the Northeast quarter (NEI) of the Northeast 1/4 of Section 13, Township 33 South, flange 39 East, Indian Itiver County, Florida. yT That lies within the following described road (tight -of -way: A strip of land 150.00 feet in width lying in Sections 12 and 13, Township 33 South, flange 39 East and Secllons 7 and 18, Township 33 South, Itnnge 40 East, all in Indian River County, Florida, lying 75.00 feet on each side of the following described centerlines Commencing at the Intersection of the South line of Government Lot 2 in said Section 7 with the Southerly terminus of the centerline of nn existing flight of way 200.00 feet wide, as described in Official Record Ilook 110, Page 203 Public Records of Indian River County: thence N 89013130" IV along, said South line, a distance of 10.01 feet to the POINT OF BEGINNING; Thence S 01051105" i. n distance of 512,76 feet to the bezinning of a curve concave to the Northwest hnving n radius of 951.93 feet: thence Southwesterly along the arc of said curve through a central an!lc of 33020'22" a distance of 5:•;5.66 feet; thence S 31029'17' IV n distance of 940.00 feet to the beginning of a curve concave to the Southeast having n radius of 95.1.93 feet; thence Southwesterly niong the, are of said curve through a central angle of 31000'0111" n distance of 516.67 feet to its point of tangency with n line parallel with and 75.00 feet Ensteriv of, as mens8red at right nngics, the Westerly line of said Section 7: thence S 00 29117" IV along said parntlel line, n distnace of 979.71 feet to the beginning of n curve concave to the Northwest having a radius of 2291.83 feet; thence Southerly along lite are of sairl curve through n central angle of 08052'{8", n distance of 354.87 feet; thence S 09 2115" IV a distance of 319.86 feet to the Northerly line of .snid Section 13; thence continuing S 090.21135" IV n distance of 310.88 feel to the beginning of a curve concave to lige Southeast hnving a radius of 2291.83 feel; thence Southerly niong the nre of said curve throu;h n central angle of 08041'15" n distance of 347.50 feet to its point of tangency with n line parallel with and 75.UO feet iesterly of, as measured at right angles, the East line of sald Section 13; thence S 00040'20" IV niong said parallel line n distance of 1371.23 feet to the beginning of o curve concave to lite Northwest having a radius of 572.96 feel; thence Southwesterly nlong the tire of said curve through n central angle of 8601.1144", n distance of 862.•11; feet; ti,vacc .S Af,°5510l" IV n distance of 141.01 feet to the Ensterly Itight of Way of U. S. Iligli :nv No. l (Slate Road No. 5) as shown on Right of Way map for Section 110. 4 88010-2206, Sheet 2, dated April 1952, revised 8-21-57, The sidelines of said strip are to be prolouge,l or shortened to terminate Westerly at said Easterly Right of Way line of said U. S. Ili;;hwav No. '. and to teminate Northerly at said South line of Government Lot 2 in said Section 7 aIoK O l d s PAGE 1 7 0 b •• Schedule "A" C8th Street Pa c No. 123 Parent Dee - James M. Cronin and Appling S. Wells, III as Tenants in Common ORB -0638 Page 0010 The following described parcel of land lying in Section 13, Township 33 South, Range 39 East, Indian River County, Florida, and more particularly described as follows: That portion of the following described parcel as recorded in ORB 0638, Page 0010, Public Records of Indian River County, Florida: The North 10 acres of the N-1/2 of the NE 1/4 of the NE 1/4 of Section 13, Township 33 South, Range 39 East, Indian River'County, Florida. That lies within the following described road right-of-ways Commence 33South, aRange 39rEast; tthence rNo89°25111" W, along f Secio13, sthe 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 09°21135" W, along said Westerly right-of-way line, a distance of 55.36 feet; thence N 40°01'48" W .a distance with and 030.00 5feet-South e of thnce N e 9saidl North linellof Section 13, a distance of 1157.08 feet; thence South 45°35131" W a distance of 35.36 feet to the East right- of-way line of 6th Avenue; thence N 00'36'13" E, along said East 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 89°25'11" E, parallel with and 50.00 feet North of the said North line of Section 13, a distance of 1174.40 feet; thence N 49058'12" E a distance of 45.55 feet to the aforesaid Westerly right-bf-way line of Indian River Boulevard (as proposed); thence S 09021135" W along said West right-of-way line, a distance of 80.59 feet to the POINT OF BEGINNING, .., co 111 •(-)• _ i 4FX , ,,r r ©Dais U 14 5 PAGE 0 101'