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Home My WebLink About2015-136EPrepared by and return to: City Attorney P O Box 1389 Vero Beach, FL 32961-1389 J 1 L V 1 J V V Jv..+cv RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 2878 PG: 499 Page 1 of 5 9/18/2015 1 08 PM ORDINANCE NO. 2015- 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, DEDICATING CITY - OWNED PARCEL "TRACT A," POINSETTIA PARK SUBDIVISION, AS PUBLIC ROAD RIGHT-OF-WAY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, "Tract A," Poinsettia Park Subdivision, Plat Book 1, Page 14 of the Public Records of Indian River County, is a city -owned parcel lying west of 42nd Avenue, south and west of Atlantic Boulevard and north of State Road 60 (hereinafter "Tract A"); and WHEREAS, "Tract A" is subject to an easement for state road right-of-way as stated in city's deed from the Trustees of the Internal Improvement Fund dated August 24, 1942 and recorded September 12, 1942 in Deed Book 35, at Page 272 of the Public Records of Indian River County; and WHEREAS, "Tract A" is presently used as a landscaped median; and WHEREAS, "Tract A" is needed for a proposed Horida Department of Transportation (FDOT) State Road 60 street widening project; and WHEREAS, the City has agreed to dedicate "Tract A" as public road right -of- way to enable the parcel to be used by and transferred to the Florida Department of Transportation ("FDOT"), if necessary, for the proposed widening of State Road 60 as stated in the Interlocal Agreement between the City of Vero Beach, Florida and Indian River County, Florida, approved by the City Council of the City of Vero Beach (hereinafter "City Council") on April 7, 2015, and approved by the Indian River County Board of County Commissioners (hereinafter "County Commission) on April 14, 2015; and WHEREAS, the City Council finds that the dedication of "Tract A" as public road right- of-way for the purposes expressed herein serves a municipal purpose, is in the public interest, and is not adverse to the health, safety or welfare of the citizens of the City of Vero Beach, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, THAT: Section 1— Adoption of "Whereas" clauses. The foregoing "Whereas" clauses are hereby adopted and incorporated herein as the legislative fmdings, purpose, and intent of this Ordinance. Page 1 of 3 N:\Client Docs\Ordinances\Public Works\2015.4.20.Dedication.Tract.A.Poinsettia.Park.msl.docx Section 2 — Dedication of Tract "A" as Public Road Right -of -Way. "Tract A," Poinsettia Park Subdivision, as recorded in Plat Book 1, Page 14 of the Public Records of Indian River County, is hereby dedicated as public road right-of-way to be used for municipal or state road purposes, said "Tract A" being as more particularly described in Exhibit "A," attached hereto and incorporated herein by reference. Section 3 — Conflict and severability. In the event any provision of this Ordinance conflicts with any other provision of the Code or other applicable law, the provisions of this Ordinance shall apply and supersede. If any phrase or portion of this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section 4 — Recording and Codification. This Ordinance shall be recorded in the Public Records of Indian River County. The provisions of this Ordinance, being of limited scope and effect, shall not be codified in the Code of the City of Vero Beach, Florida. Section 5 — Effective Date. This Ordinance shall become effective upon final adoption by the City Council. ************************** This Ordinance was read for the first time on the ) 8ay of 2015 and was advertised on the day of 2015 for a public hearing to be held on the 1 U day of Qaa) 2015, at the conclusion of which hearing it was moved for adoption by Councilmember G l p lU,O , seconded by Councilmember 0 Qd , and adopted by the following vote of the City Council: Mayor Richard G. Winger Vice Mayor Jay Kramer Councilmember Amelia Graves Councilmember Pilar E. Turner Councilmember Randolph B. Old Page 2 of 3 N:\Client Docs\Ordinances\Public Works\2015.4.20.Dedication.Tract.A.Poinsettia.Park.msl.docx [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF,VERO B ichard G. ' Inger Mayor CH, FLORIDA The foregoing instrument was acknowledged before me this day ofA A.R1.1.) t' 2015, by Richard G. Winger, as Mayor, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida. They are personally known to me. rotary Public Print Name: My Commission No.: M Commission Expires: C6 -\,Lc Approved as to form and legal sufficiency: ( 2 Way9 ,, R. Coment City Attorney Approved as to technic.1 requirements: Monte K Falls, P.E. Public Works Director ;:ri* ." ,, HEATHER MCCARTY :.= MY COMMISSION # FF 217959 •.��: d EXPIRES: June 18, 2019 • p, . Bonded rnru rotary Punic undenriters Approved as conforming to municipal polic es ' • Connor City Manager Page 3 of 3 N•\Client Docs\Ordinances\Public Works\2015.4.20.Dedication.Tract.A.Poinsettia.Park.msl.docx Property Description Tract "A", Poinsettia Park (#2011-07) April 25, 2011 EXHIBIT "A" PROPERTY DESCRIPTION TRACT "A", POINSETTIA PARK PARCEL #33-39-01-00006-0001-00000.1 Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Poinsettia Park as recorded in Plat Book 1, Page 14 of the Public Records of Indian River County, and being more particularly bounded and described as follows: All of Tract "A", Poinsettia Park; Said parcel containing 2,830 square feet or 0.07 acres more or Tess. David R. Gay, PS S:\Property Descriptions\2011\2011-07_Tract "A" Poinsettia Park Apr 25 2011.doc Sheet 1 of 2 973 PPRP pp\NQe\11\c gal XO' .5 4226 \ P ▪ -/i RIw1 PROPOSED SR 60 -------- — [R/W LINE - / ��— HOZ 42�b.\`_ a 5 5� 42n6 79". EXISTING SR 60 �— — R/W LINE SUBJECT PARCEL (TO BE DEDICATED AS RIGHT OF WAY) THIS SKETCH IS NOT A SURVEY STATE ROUTE 60 (100' R/W ) (OSCEOLA BOULEVARD) (20TH STREET) 6LOCK 2 4140 20TH ST EXISTING SR 60 R/W LINE 1/4 SECTION LINE 3-33-39 SCALE 1"= 50' PROPOSED SR 60 R/W LINE • i .\�LP�E N."~ ^ vary i tSvc Or ' ti h \_ �- . DAVID GAY, PSM X59 D SHEET 2 OF 2 CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION SKETCH OF PROPERTY DESCRIPTION PROPOSED DEDICATION OF RIGHT OF WAY TRACT A, POINSETTIA PARK REV. NO. EXHIBIT "A" ADTMRZD.BY CITY PROJECT NO. 2011-07 DRMN.BY DATE DATE 09/2014 DRWN BY DG CHKD BY MKF DESCRIPTION