HomeMy WebLinkAbout2/5/1952funds, such sum or sums as may be necessary, but not to exceed Seventy -Five Thousand Dollars
475,000.00) for the acquisition of the right of way for the road hereinabove designated and other
expenses of surrendering title to said rights of way, all monies so advanced to be repaid to the
Department in full by the Department's reimbursing itself therefor out of funds remitted to the
Department for expenditure within the County, under the provisions of Section 16, Article IR,
of the Constitution of the State of Florida, Chapter 26,321, Laws of Florida, Acts of the Extra-
ordinary Session of 1949, or any similar law, as and when such funds are remitted to the Depart-
ment from time to time.
2.
The County agrees that if .acquisition of said rights of way shall be conducted
under the Supervision of and subject to the approval of the Department's Right -of Way Division.
The Department shall make payment out of said advanced State'Road funds directly to the proper
persons for Right of Way parcels or interests therein, purchased or condemned, including Attorney's
fees and Court costs and all other costs and expenses necessary in connection with the purchase
or condemnation of said rights of way, said payments to be made upon vouchers duly audited and
approved by the State Comptroller and by State warrants issued in payment thereof, drawn by the
Comptroller and countersigned by the Governor.
3•
The County, by and through its Board of County Commissioners, hereby covenants
and agrees that all funds accruing to the Department for expenditure in Indian River County under
the provisions of said laws shall be used by the Department to reimburse itself in full for all
monies advanced under the provisions of this Agreement and until all monies so advanced are re-
paid in full, such funds shall be and remain pledged and are hereby pledged to the repayment
thereof.
STATE ROAD DEPARTMENT OF FLORIDA
By
Chairman
Attest:
Secretary
INDIAN RIVER COUNTY AND BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
ChaiNrinan
Attest:
CLERK
Notary Public Bond for Beverly F. Jones in the sum of $500.00 with St. Paul Mer-
cury and Indemnity Company as surety, was approved January 17, 19529 by Douglas Baker, Clerk
Circuit Court, as provided by law.
Notary Public Bodenstein in $500.00 Central Surety
Bond for Doris the sum of with
and Insurance Corporation as surety was approved by Douglas Baker, Clerk Circuit Court, as pro-
vided by law.
There bean no further business, an motion made, seconded and carried, the Board
ATSd rn�l.�
HA R N
LERK
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TUESDAY, FEBRUARY 5. 1952
The Board of County Commissioners of Indian River County met at theCourt House
®
in regular meeting at 10:00 o'clock A. M., Tuesday, February 5, 1952, with the following members
present: W. C. Graves, Jr., Chairman; H. C. Watts, J..J. P. Hamilton, Aubrey L. Waddell and
Allison Warren. Also present were George Heath and Sherman N. Smith, Jr., Attorneys from the
firm of Mitchell, Smith and Mitchell; L. B. O'Steen, Sheriff; E. E. Carter, Road and Bridge
210
Superintendent; and Douglas Baker, Clerk.
The minutes of the previous meetings were tread and the same approved upon motion;
of Commissioner Hamilton, seconded by Commissioner Waddell, and carried.
Messrs. Zeuch and Oliver, representing the Zeuch Insurance Agency, appeared be-
fore the Board and requested a portion of the County's Insurance business. They were advised
the Board would consider the matter and see what could be worked out.
Mr. Tom Trent, speaking for and in behalf of Doug Silver of WIRA, stated that in,
order for a local broadcasting station to be established to Vero Beach, some land, approximately
350 feet square, would be required and requested the County to sell or lease some County land
for said purpose for a period of five or ten years. After discussion and consideration, motion
was made by Commissioner Waddell, seconded by Commissioner Warren and unanimously carried, that
the Board would agree to a five year lease provided satisfactory terms could be agreed upon be
tween the interested parties.
Mr. Norris Leggett, County Ranger, appeared before the Board and reported as to
the work and progress which had been made by the Florida Forest and Park Service of Indian River
County and further stated that he was very much pleased with everything in general and that he
was receiving good cooperation.
Mrs. Anne Christensen, Cgunty Welfare Case Worker, appeared before the Board and
made a report of her activities for the month of January, 1952, and said report was filed with
the Clerk.
Otis M. Cobb, County Judge and Juvenile Court Judge, appeared before the Board
and made a report for December, 1951, and January, 1952, as provided by law, and said report
was filed with the Clerk.
A report from Dr. Kip G. Kelso, Director County Health Unit, relating to rodent
survey (rats) and same was filed with the Clerk.
Application for duplicate tax sale certificate #1980, sale of July 31, 1942, cov.
wring Lots 5 and 6, Block 3, Citrus Park Subdivision, by Mrs. Alice Lee Pfarr was approved.
Upon motion of Commissioner Waddell, seconded by Commissioner Warren and carried,
the Board authorized "Notice Inviting Bids" on a Ford pickup.
The following was appointed Deputy Sheriff by L. B. O'Steen, Sheriff, and Douglas
Baker, Clerk, announced said appointment had been filed with him:
NAME PRECINCT NO. ADDRESS
Marvin L. King, Jr. 5 Vero Beach, Florida
Deputy Sheriff's bond for Marvin L. King, Jr. in the sum of $1,000.00 with St.
Paul Mercury and Indemnity Company as surety was approved.
At the request of Troy E. Moody, Tax Collector, and upon motion of Commissioner
Waddell, seconded by Commissioner Hamilton and carried, the Board authorized the purchase of a
new adding machine for the Tax Collector's Office to cost approximately $525.00, less the dis-
count of $52.50 and less trade-in allowance for old machines in the sum of $82.50, or a net of
$390.00.
A memorandum dated February 8, 1952, by Sherman N. Smith, Jr., Attorney, advises
the Board that under the authority of the correction of an Act (Section 125.08) of the 1951 Leg-
islature made by the Attorney General, the County may now make purchases not exceeding $500.00
without advertising.
Reports of receipts, expenses and net income for the twelve months period ending
the 31st day of December, 1951, were filed with Douglas Baker, Clerk, as required by law, by the
following Officers:,
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L. B. O'Steen
Homer C. Fletcher
Trop E. Moody,
Otis M. Cobb
Douglas Baker
Sheriff
Assessor of Taxes
Tax Collector
County Judge
Clerk Circuit Court
Application for license to carry fire arms of Melvin Koerner was not approved and
Douglas Baker, Clerk, was instructed to return surety bond in the sum of 100'* 0 Q; filed by the
applicant and executed by Lumbermen's Mutual Casualty Company.
Upon motion of Commissioner Waddell, seconded by Commissioner Hamilton and carried,
letters of agreement were authorized relating to obtaining right of way deeds for the widening
of State Road #5, within the City limits of Vero Beach, and copies of said letters to be filed
in the Clerk's Office as to the following individuals:
NAME
Mr. Swain Wall
Royal Park Service Company
Mr. Thomas H. Steele
Mr. Roy G. Hilliard and wife,
Florence E. Hilliard
Mr. F. D. Bush, Jr. and
Mrs. Emily Nicholson
ADDRESS
Vero Beach, Florida
Vero Beach, Florida
Vero Beach, Florida
1.
Vero Beach, Florida
Vero Beach, Florida
Notary Public bond for Lucile McGill in the sum of $500.00 with St. Paul Mercury
Indemnity Company as surety was approved February 7, 19529 by Douglas Baker, Clerk Circuit Court,
as provided by law.
R E S O L U T I O N-- Condemnation Proceedings, State Road #5. Through -,.the City
Commissioner Waddell introduced the following Resolution and mowed its adoption
as follows, to -wit:
WHEREAS, it is necessary and to the best interests of Indian River County, Florida,
that said County acquire by eminent domain all of the remaining property necessary in order to
provide a right of way in Indian River County, Florida, from the North City limits of the City
of Vero Beach to the South City limits of the City of Vero Beach for the purpose of widening,
improving and relocating State Road No. 5 through said City; and
WHEREAS, this County has secured all of said right of way for the location, con-
struction, widening, improvement and relocation of a State Road thereon known as State Road No. 5,
excepting only the following parts or parcels thereof; Now, therefore,
BE IT RESOLVED by the Board of County Commissioners of Indian River County, Flor-
ida, that this Board does herewith authorize and direct the acquirement by eminent domain for
such purposes of the following described property, situated in Indian River County , Florida,
to -wit:
Parcel No. 1 Right of Way SRD No. 68
The East 25 feet of Lots 19 of Gifford Estates, according to plat recorded in Plat Book 1 at Page
13, public records of St. Lucie County, Florida, being that part of the above described lands
situate and lying within 40 feet of the centerline of State Road 5;
Containing 0.11 acre, more or less.
Is owned by Ysbrand Kromhout, upon which Gulf Life Insurance Company, a Florida corporation,
holds a mortgage.
Parcel No. 2
Right of Way
SRD No. 70
The east 25 feet of Lot 20 of Gifford Estates, according to plat recorded in Plat Book 1 at Page
13, public records of St. Lucie County, Florida, being that part of the above described lands'
situate and lying within 40 feet of the centerline of State Road 5;
Containing 0.05 acre, more or less.
Is owned by Thomas H. Steele.
Parcel No. 3 Right of Way
SRD No. 94
Revised
A Tract or parcel of land described as follows:
Begtn-ring at the Northwest corner of Lot 1 of Block 3 according to Replat of Frasier Park re-
corded in Plat Book 2 at page 18, public records of Indian River County, Florida, same being the
21-2
Point of intersection of the East boundary of State Road 5 and the Southerly boundary of 21st
Street of the Town of Vero (now City of Vero Beach,) Florida, thence run South 1 degree 02 min-
utes 18 seconds West 55 feet to the Southwest corner of said Lot 1, thence East 15 feet, thence
North 1 degree 02 minutes 18 seconds East 10 feet to the beginning of a curve concave to the
Southeasterly and having a radius of 50 feet; thence Northeasterly 78,.05 feet along said curve
to the North boundary of said Lot 1 (South boundary of said 21st Street); thence West 64.51 feet
to the point of beginning, lying and being a part of said Lot 1 of Block 3 of Replat of Frasier
Park;
Containing 0«03 acre, more or less.
Is owned by Curt H. Kraft and wife, Gertrude M. Kraft.
Parcel No. 4
Right of Way
SRD No. 96
(a) A tract of land described as follows: Beginning at the Northeast corner of Lot 1 of Block
2 according to Replat of Conn Addition, recorded in Plat Book 3, at page 5, public records of
Indian River County, Florida, and run West 50 feet along the North boundary of Lots 1 and 2 of
Block 2 to the Northwest corner of said Lot 2; thence South 5.89 feet along the West boundary of
Lot 2; thence Southeasterly 51.05 feet along the arc of a_curve concave to the Southwesterly
having a radius of 419.70 feet; crossing the East boundary of Lot 2 at a point 10.88 feet South
from the Northeast corner of said Lot 2, to the East boundary of said -Lot l at a point 17.43 feet
South from the point of beginning; thence North to the point of beginning, lying in and being a
part of said Lots 1 and 2 of Block 2;
Containing 0.013 acre, more or less.
ALSO,
(b) A tract of land described as follows: Beginning at the Northwest corner of Block 2 accord-
ing to replat of Hiko Park recorded in Plat Book 2, at page 13, public records of Indian River
County, Florida, same being the Northeast corner of Lot 1 of Block 2 of Replat of Conn Addition
according to plat recorded in Plat Book 3, at page 5; thence run South 17.43 feet along the West
boundary of Block 2 of Replat of Hiko Park; thence Southeasterly 215 feet, more or less, along
the are of a curve concave to the Southwesterly and having a radius of 419.7 feet to the South-
west corner of lot 3 of Block 2 of Hiko Park according to plat recorded in Plat Book 1 at page
79 of the public records of Indain River County Florida; thence North 127.64 feet along the
West boundary of said Lot 3 of Block 2 of Hiko 'ark to the Northwest corner of said Lot 3; same
being on the South boundary of 21st Street; thence West 187.64 feet along said Street boundary
to the point of beginning; situate in and being a part of said Block 2, according to Replat of
.Hiko Park;
Containing 0.3 acre, more or less.
ALSO,
(c) A tract of land described as follows: Beginning at the Southeast corner of Lot 1 of Block
of Hiko Park according to'plat recorded in Plat Book 1, at page 79, public records of Indian
iver County, Florida, and run West 133.87 feet along the South boundary of Lots 3, 2 and 1 of
said Block 2 to the Southwest corner of Lot 3 of said Block 2; thence run Southeasterly 156 feet
more or less, along the are of a curve concave to the Southwesterly and having a radius of 419.7
feet, to the North boundary of the area designated as 20th Place, according to said plat of Hiko
Park recorded in Plat Book 1, at page 79; thence East 47.47 feet along the North boundary of
said 20th Place to the West boundary of 8th Avenue (State Road 5); thence North 128.9 feet along
said West boundary of 8th Avenue to the Point of beginning; situate in and being a part of Block
2 according to Replat of Hiko Park, recorded in Plat Book 2 at page 13;
Gontaining 0.27 acre, more or less.
Is owned by L. M. Austin, and upon which Stanley V. Buss and Theresa P. Buss, his wife, hold,°:
a mortgage.
Parcel No. 5
Right of Way
SRD No. 100
Revised
That part of Lot 18 of Block 1 of Royal Park Subdivision, according to plat recorded in Plat
recorded in Plat Book 4 at page 66, public records of St. Lucie County, Florida, described as
follows: Beginning at the Southwest corner of said Lot 18 and run North 4.43 feet along the
West boundary thereof; thence run Easterly along the arc of a curve concave to the Northerly and
having a radius of 473.0 feet a distance of 64.81 feet to the South boundary of said Lot 18 at
a point 10.39 feet West from the Southeast corner of said Lot 18; thence run West 64.61 feet to
the point of beginning; being a tract of land triangular in shape situate in the Southwest cor-
ner of said Lot 18 of Block:.l of said Royal park Subdivision;
Containing 0.004 acre, more or less.
Is owned by Stanley E. Franks and wife, Floried Franks, and upon which Gulf Life Insurance Com-
pany, a Florida corporation, holds a mortgage, and upon which the American Oil Company, a Mary-
land corporation, holds a lease.
Parcel No. 6
Right of Way
SRD No. 103
Revised
A tract or parcel of land described as:. Beginning on the North boundary of 21st Street at a
point 200 feet East from the point of intersection of said North boundary of 21st Street and
the East boundary of Sioux Avenue (now 12th Avenue), all according to map or" plat of Town of
Vero (now City of Vero Beach, Florida); thence run North 11.96 feet; thence Southeasterly along
the arc of a curve concave to the Northeasterly and having a radius of 473.0 feet, a distance
or 49.78 feet to a point 4.43 feet North from the North boundary of said 21st Street; thence South
4.43 feet to the North boundary of 21st Stteet; thence West 48.91 feet to the point of beginning;
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situate in and being a part of Southwest quarter of Northwest quarter of Section 1, Township 33
South, Range 39 East;
Containing 0.009 acre, more or less.
Is owned by Louis H. Wodtke, and upon which Gulf Life Insurance Company, a Florida corporation,
holds a mortgage.
Parcel No. 7 Right of Way SRD No. 105
A tract or parcel of land described as: Beginning on the North boundary of 21st Street at a
point 100 feet East f rom the point of intersection of said North boundary of 21st Street and
the East boundary of Sioux Avenue (now 12th Avenue)4 all according to map or plat of Town of
Vero (now City of Vero Beach, Florida); thence run East 100 feet along said North boundary of
21st Street; thence North 11.96 feet; thence Northwesterly along the arc of a curve concave to
the Northeasterly and having a radius of 473.0 feet, a distance of 107.17 feet to a point 51.96
feet North from the said North boundary of 21st Street; thence South 51.96 feet to the point of
beginning; situate in and being a part of the Southwest quarter of Northwest quarter of Section
1, Township 33 South, Range 39 East;
Containing 0.07 acre, more or less.
Is owned by R. G. Hilliard and wife, Florence E. Hilliard, and on which Max G. Heller holds a
mortgage.
Parcel No. S
Right of Way
SRD No. 107
A tract of land described as: Beginning at the intersection of the North boundary of 21st Street
and the East boundary of Sioux Avenue (now 12th Avenue) all according to the map or plat of Town
of Vero (now City of Vero Beach, Florida); thence run East 100 feet along the North boundary of.
21st Street; thence North 51.96 feet; thence Northwesterly 91.35 feet along the arc of a curve
concave to the Northeasterly and having a radius of 473.0 feet to a point 23.44 feet East from
the East boundary of Sioux Avenue (now 12th Avenue) thence Nest 23.44 feet to the said East
boundary of Sioux Avenue; thence South 100 feet to the point of beginning; situate in and being
a part of the Southwest quarter of Northwest quarter of Section 1, Township 33 South, Range 39
East;
Containing 0.18 acre, more or less.
Is owned by J. B. Gone and wife, Peggy B. Cone, and upon which Max G. Heller holds a mortgage
and upon which Shell Oil Company, a Delaware corporation, holds a lease.
Parcel No. 9
Right of Way
SRD No. 112
A tract or parcel of land described as: Beginning at the Southernmost corner of Block 33 of
Graves, Knight & Graves Subdivision, according to plat recorded in Plat Book 1 at page 11 of
the public records of Indian River County, Florida; thence run North 17 degrees 59 minutes 42
seconds West along the West boundary of said Block 33 a distance of 184.78 feet, said point
being 31.05 feet South 17 degrees 59 minutes 42 seconds East from the Northwest corner of said
Block 33; from thence run Southeasterly along the are of a curve concave to the Northeasterly
and having a radius of 468.5 feet a distance of 131.11 feet to the Easterly boundary of said
Block 33; thence South 58.3 feet to the point of beginning, situate in and being a part of said
Block 33 of said Graves, Knight & Graves Subdivision;
Containing 0.04 acre, more or less.
Is owned by Forrest C. Graves and wife, Lenore Graves, and upon which Sinclair Refining Company,
a Maine corporation, holds a lease.
Parcel No. 10 Right of Way SRD No. 114
A tract of land in the Northwest corner of Lot 8 of Block 1 of J. H. Howard Subdivision, accord-
ing to plat recorded in Plat Book 5, at page 20, public records of St. Lucie County, Florida,
said tract being more particularly described as follows:
Beginning on the North boundary of Lot 8 at a point 15.67 feet West from the Northeast corner of
said Lot 8; thence run nest 31.56 feet along said Lot boundary to the beginning of a curve of
said boundary; thence run Southwesterly, Southerly and Southeasterly 1$.55 feet along the arc
of said curve of said Lot boundary to the end of said curve; thence Southeasterly 10.0 feet
along the Westerly boundary of said Lot 8; thence Northeasterly 55.11 feet along the arc of a
curve concave to the Southeasterly and having a radius of 45.0 feet to the point of beginning;
situate in and being a part of said Lot 8 of Block 1, of J. H. Howard Subdivision;
Containing 0.008 acre, more or less.
Is owned by Standard Oil Company, a Kentucky corporation.
Parcel No. 11 Drainage Easement SRD No. 117
That part of South half of Northwest quarter of Northeast quarter, East of State Road 5 of Sec-
tion 35, Township 32 South, Range 39 East, situate and lying within 20 feet, each side, of a
• ditch centerline, said centerline being located and described as follows: Commence on the North
boundary of Section 35 at a point 2273.23 feet West from the Northeast corner of said Section 35
and said point being on the centerline of State Road 5; thence run South 20 degrees 56 minutes
48 seconds East 1182.56 feet along said centerline of State Road 5 to the point of beginning of
said ditch centerline; thence run South 88 degrees 23 minutes 48 seconds East 378.04 feet; thence
South 4 degrees 14 minutes 18 seconds East 121.96 feet to the end of said ditch centerline;
Containing 0.4 acre, more or less.
Is owned by L. W. Anderson.
21,4
BE IT FURTHER RESOLVED that the Chairman of this Board is herewith authorized
and directed to sign and make oath to said Petition and the Attorney for this Board is author-
ized and directed to institute the necessary suit in the Circuit Court of this County for the
condemnation of said lands for such purpose in the name of Indian River County, Florida, includT.,
ing a Declaration of Taking in order that the title to said lands shall vest immediately.
Upon being duly seconded by Commissioner Watts, the same was unanimously adopted.
- - - - - - - - - - - - -
Pursuant to Resolution ##562 adopted by the City of Vero Beach on January 22, 1952,
requesting revocation of dedication of Lot 5, Block 1, Walter Kitching, Jr. Subdivision, the fol-
lowing Resolution was introduced:
R E S O L U T I O N -- Revoking Dedication of Lot 5, Block -1,
Walter Kitching, Jr. Subdivision
Commissioner .Warren' introduc'ed,_ the following Resolution and moved its adoption
as follows, to -wit:
WHEREAS, pursuant to Resolution No. 302, adopted by the City Council of the City
of Vero Beach, Florida, under date of September 27, 1944, the Board of County Commissioners of
Indian River County, Florida, did, pursuant to the provisions of Chapter 22079, Laws of Florida,
by Resolution adopted October 3, 1944, and appearing in County Commissioners' Minute Book 3, at
pages 150 and 151, dedicate to public use -and purposes by the City of Vero Beach, Florida,
Lot 5, of Block 1, of Walter Kitching, Jr. Subdivision in Vero
Beach, Indian River County, Florida;
and,
WHEREAS, the City of Vero Beach, Florida, has delivered to this Board a duly
certified copy of Resolution adopted by the City Council of said City under date of January 22,
1952, reciting that said City has no present or prospective use for public purposes of that part
of
Lot 5 of Block 1, of Walter Kitching's Subdivision according to
plat thereof recorded in Plat Book 4, page 5, St. Lucie County
records, described as follows, to -wit:
Beginning on a point on the East boundary line of Lot 5, Block 1,
Walter Kitching's Subdivision, which is 52.07' South of the NE
corner of said Lot 5, run North along the East line of said Lot
5, a distance of 52.07' to the NE corner of said Lot 5, thence
run West along the North boundary line of said Lot 5, a distance
of 13.671, thence run Southeasterly along the Easterly boundary
line of Ocean Drive a distance of 53.$4' to point of beginning.
and releasing all interest, title and claim of said City in and to said parcel, and requesting •
and authorizing that this Board revoke its dedication of said parcel to public use and purposes;
and therefore,
BE IT RESOLVED THAT The Board of County Commissioners of Indian River County,
Florida, does hereby revoke its dedication of so much of
Lot 5 of Block 1, of Walter Kitching's, Subdivision according to
plat thereof recorded in Plat Book 4, page 5, St. Lucie County
records, as is described as follows, to -wit:
Beginning at a point on the East boundary line of Lot 5, Block 1,
Walter Kitching's Subdivision, which is 52.07' South of the NE
Corner of said Lot 5, run North along the East line of said lot
a distance of 52.07' to the NE Corner of said Lot 5, thence run
West along the North boundary line of said lot a distance of
13.671, thence run South-easterly along the Easterly boundary
line of Ocean Drive a distance of 53.84' to point of beginning,
for public use and purposes, and does herewith instruct the Clerk of this Board and.the Clerk
of the Circuit Court of Indian River County, Florida, to cause his records to show accordingly.
BE IT FURTHER RESOLVED That a Certified copy of this Resolution be delivered to
the Tax Assessor of Indian River County, and to the Tax Assessor of the City of Vero Beach, Florida.
Upon being duly seconded by Commissioner Waddell, the same was unanimously adopted.
- - - - - - - - - - - - -
Pursuant to petition from the City of Vero Beach relating to Lot 5, Block 1 of
Walter Kitching, Jr. Subdivision, the following Resolution was introduced:
R E S O L U T I O N -- Conveying part of Lot 5, Block 1, Walter Kitching, Jr.
Subdivision
Commissioner Warren introduced the following Resolution and moved its adoption
as follows, to -wit:
WHEREAS, the City of Vero Beach, Florida, filed a written Petition for Deed with
the Board of County Commissioners of Indian River County, Florida, said written Petition being
verified and filed with the Clerk of the Board of County (commissioners of Indian River County,
Florida, and set out in the Minutes of Board of County Commissioners of Indian River County,
Florida, at Minute Book 3, page 233, and page 234, and
WHEREAS, by Resolution duly adopted by the Board of County Commissioners of In-
dian River County, Florida, on October 2, 1945, and set out in County Commissioner Minute Book
3, page 234. and 235, the Board of County Commissioners of Indian River County, Florida, approved
said application of the City of Vero Beach, and authorized the conveyance under Chapter 22870
to the City of Vero Beach, Florida, of
Lot 5, Block 1, Walter Kitching, Jr. Subdivision, and other
lands,
and,
WHEREAS, by Deed dated October 2, 1945, recorded November 6, 1945 in Deed Book
44, page 14.9, Indian River County records, the Board of County Commissioners of Indian River
County, Florida, and the members thereof conveyed to the City of Vero Beach,
Lot 5, Block 1, Walter Kitching, Jr. Subdivision, and other
lands,
and,
WHEREAS, pursuant to Chapter 22870, Acts of Florida Legislature, 1945, the City
of Vero Beach, Florida, .has filed with the Board of County Commissioners of Indian River County,
Florida, a verified written Petition setting forth that it had been overlooked that Lot 5, Blk.
1, Walter Kitching, Jr. Subdivision had been previously dedicated to public uses, and that such
dedication had not been revoked at the time of the passage of the above Resolution and the con-
0
on-
0 veyance under the Deed above described, and
WHEREAS, by Resolution heretofore adopted on this day, the Board of County Com-
missioners of Indian River County, Florida, had revoked the dedication of that part of
Lot 5, Block 1, of Walter Kitching's Subdivision, according to
plat thereof recorded in Plat Book 4, page 5, St. Lucie County
records described as follows, to -wit:
Beginning at a point on the East boundary line of Lot 5, Block
1, Walter Kitching Subdivision, which is 52.07 feet South of
the NE corner of said Lot 5, run North along the East line of
said Lot 5 a distance of 52.07 feet to the NE corner of said
Lot 5, thence run West along the North boundary line of said
lot a distance of 13.67 feet, them a run Southeasterly along
the Easterly boundary line of Ocean Drive a distance of 53.84
feet to point of beginning,
and,
WHEREAS, the City of Vero Beach has filed a Petition with the Board of County
• Commissioners of Indian River County, Florida, being a verified written Petition, reciting the
facts set forth in Petition recorded County Commissioners' Minute Book 3, page 233 and 234, and
requesting that a new County Deed be issued to the City of Vero Beach, Florida, to the triangu-
lar metes and bounds parcel above described, and setting forth that said property became the
property of 'Indian-Rver Count p.under the provisions of Chapter -22079, Acts of Florida Legisla-
ture, 1943, by virtue of decree entered in the Circuit Court of Indian River County, Florida on?
August 14, 1944, and which Petition sets up the name and address of the City of Vero Beach, Flor-
ida, and recites that said City was the owner of said.lot s at the time of the entry of such de-'
cree, and sets up the price of the lots as previously fixed by the resolution of this Board,
and the use to which such lots were enjoyed by such former owner at the time of the entry of
said Final Decree, and a statement of the facts and circumstances upon which such former owner
bases the request for the restoration of the described property, and an offer to pay an amount
equal to all taxes, including municipal taxes and liens, if any, which have become delinquent,
together with interest and cost provided by law, together with any subsequently approved taxes
which -have not been assessed, and representing current and omitted years, and the required Certi-
ficate of the Clerk of the Circuit Court having been attached to the original Petition, and the.
amount of Two Hundred Thirty Eight and 09/100 ($23$.09) Dollars having been paid by the City of
Vero Beach to Indian River County for said triangular metes and bounds parcel above described.,
together with other lands described in the original`:'Petition recorded in County Commissioners'
Minute Book 3, page 233 and 234, and
WHEREAS, the Board of County Commissioners of Indian River County, Florida, has
considered the said Petition; therefore
BE IT RESOLVED, That it appears to the satisfaction of this Court, that a failure
to approve said Petition would work a severe hardship upon the Petitioner, the City of Vero
Beach, Florida; and that said Petiton is hereby approved; that the Board of County Commissioners
of Indian River County, and the members thereof, and the Clerk of the Circuit Court, and the
Clerk of this Board, be and they are hereby authorized and empowered to convey to the City of
Vero Beach, the former owner named in said Petition, the lands hereinafter described, and to
execute a proper conveyance thereof, said lands being described as follows: .
That part of Lot 5, Block 1, Walter Kitching's Subdivision, ac-
cording to plat thereof filed in the office of the Clerk of the
Circuit Court of St. Lucie County, Florida, in Plat Book 4,
page 5, described as follows, to -wit:
Beginning at a point on the East boundary line of Lot 5, Block
1, Walter Kitching's Subdivision, which is 52.07 feet South of
the ATE Corner. of said Lot 5, run North along the East line of
said lot a distance of 52.07 feet to the NE Corner of said Lot
5, thence run West along the North boundary line of said lot
a distance of 13.67 feet, thence run Southeasterly along the
Easterly boundary line of Ocean Drive a distance of 53.8+ feet
to point of beginning.
BE IT FURTHER RESOLVED That this Board finds that said Petition meets in all res -
pests every requirement of said Chapter 22870, and the facts existing and so described in said
Petition constitute a proper and sufficient basis for the filing of said Petition and of the ap.
proval thereof as represented by this Resolution.
Upon being duly seconded by Commissioner Waddell, the same was unanimously adopted.
- - - - - - - - - - - - -
The several bills and accounts against the County, having been audited, were ex-
amined and found correct, were approved and warrants issued in settlement of same. Such bills
and accounts being on file in the office of the Clerk of the Circuit Court, the warrants so
issued from the respective funds being listed in the Supplemental Minute Book, as provided by
the rules of the State Auditor, reference to such record and the list so recorded being made a
part of these minutes.
The County Depository filed its monthly statement, showing receipts and disburse-
ments of the various funds, which having been audited, were found to be correct.
There being no further business, on'motion made, seconded and carried, the Board
217
then adjourned.
Q�4
ATTES
C A
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CLER
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WEDNESDAY,_ FEBRUARY 12, 1952
The Board of County Commissioners of Indian River County met at the Court House
,
in Special Meeting at 11:00 o'clock A. M., Wednesday, February 13, 1952, with the following mem-
bers present: W. C. Graves, Jr., Chairman; H. C. Watts, Aubrey L. Waddell and J. J. P. Hamilton.
Absent: Allison Warren. Also present were: Sherman N. Smith, Jr., Attorney; E. E. Carter, Road
and Bridge Superintendent; and Douglas Baker, Clerk.
Chairman Graves announced this meeting was called for the purpose of discussing
i right of way matters relating to certain State Road, or portion designated as Section $$01-108,
State Road #5, and such other business as might be properly brought before this Board..
Upon motion of Commissioner Waddell, seconded by Commissioner Hamilton and carried,
a letter of agreement was authorized relating to obtaining right of way deed for the widening of
State Road #5, within the City limits of Vero Beach, and copy of said letter to be filed in the
Clerk's Office as to the following individual:
NAME ADDRESS
Mr. Ysbrand Kromhout and wife,
Lena Kromhout Vero Beach, Florida
R E S 0 L U,T I 0 N -- Directing State Road Department to Make Payment to Parties -
Right of Wa State Road
Commissioner Waddell introduced the following Resolution and moved its adoption
r
as follows, to -wit:
WHEREAS, the Board of County Commissioners, acting for and upon behalf of Indian
River County, Florida, and the State Road Department have heretofore entered into an Agreement
for advancement of funds for acquisition of rights of way for that certain State Road or portion
designated as Section 8$01-10$, State Road 5; and,
• WHEREAS, the Board of County Commissioners has consummated agreements for obtain-
ing said rights of way with the parties hereinafter named; and,
WHEREAS, said Board has instituted a suit for condemnation of certain parcels of
said rights of way; Now, therefore,
BE IT RESOLVED by the Board of County Commissioners that this Board does herewith
request, instruct and direct the State Road Department to pay to the parties hereinafter named
the sums of money hereinafter set forth for each, all to be charged in accordance with said Agree-
ment as a part of said advance, as follows, to -wit:
1. To pay to Ysbrand Kromhout the sum of $1,000.00 for the right of way for SRD
No. 68.
2. To pay to R. G. Hilliard and Florence E. Hilliard, his wife, the sum of
$3,000.100, and to pap to Angus Sumner, their attorney, the sum of $300.00 for the right of way
for SRD No. 105•
3. To pay to Mitchell, Smith and Mitchell for retainer and advance upon costs of
said condemnation, the sum of $1,000.00.
Upon being duly seconded by Commissioner Hamilton, the same was unanimously adopted.
The Board authorized the payment of expenses for the several County Commissioners