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HomeMy WebLinkAbout13-152RESOLUTION NO. 2013-152 PARCEL 121 (WALTERS) A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DECLARING THE ACQUISITION OF A PARCEL OF LAND DESIGNATED AS PARCEL 121 AS NECESSARY FOR THE WIDENING AND CONSTRUCTION OF IMPROVEMENTS TO MIDWAY ROAD TO BE FOR A PUBLIC USE AND PURPOSE, AUTHORIZING THE EMPLOYMENT OF APPRAISERS AND OTHER EXPERTS AND THE FILING OF EMINENT DOMAIN PROCEEDINGS WHEREAS, the County Engineer has recommended the acquisition of fee simple title to this parcel to the Board of County Commissioners of St. Lucie County, necessary for the widening and construction of improvements to Midway Road, in St. Lucie County, Florida; and, WHEREAS, the funds are available for the acquisition of the Parcel designated as Parcel 121; and, WHEREAS, the Board of County Commissioners of St. Lucie County is exercising its authority of Eminent Domain pursuant to Chapters 73, 74, 127 and Section 337.27, Florida Statutes, as amended; and, WHEREAS, the Board has considered the required factors pursuant to Florida law including Safety, Costs, Alternate Routes or Methodologies, Long Range Plans and the Environment, as applicable to this parcel, as described in Exhibit ~~B"; and, WHEREAS, after considering the factors as set forth above, this Board has determined that the acquisition of fee simple title to of the real property identified as Parcel 121 and described in Exhibit ~~A", is necessary for the following public use and purpose, to wit: the widening and the construction of improvements to Midway Road and as such, the acquisition of said property is for a public use and purpose deemed to be in the best interest of St. Lucie County; and, WHEREAS, the acquisition of Parcel 121 is necessary for the construction of improvements to be undertaken by St. Lucie County for the aforementioned project; and, WHEREAS, the property as described in Exhibit ~~A" to be acquired through Eminent Domain as authorized by this resolution is not being acquired for the purpose of abating or eliminating public nuisances, slum or blighted conditions, and is subject to any applicable conveyance restrictions pursuant to Florida law, to the extent they may apply; and, WHEREAS, in order to accomplish the acquisition of Parcel 121, the County Engineer and the County Attorney are authorized to take legal action, including the filing of Eminent Domain Proceedings, and to employ real estate appraisers and other experts deemed necessary to accomplish this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: a. This Board adopts and ratifies those matters set forth in the foregoing recitals. b. The County Engineer and County Attorney are authorized and directed to proceed to take all necessary steps, including the hiring of accountants, appraisers, or other experts and witnesses, for St. Lucie County to acquire in its own name by donation, purchase or Eminent Domain Proceedings, fee simple title to the real property described in Exhibit ~~A", and prepare all papers, pleadings and other instruments required for that purpose, and to see that all Eminent Domain Proceedings are prosecuted to judgment. c. The County Engineer and County Attorney are hereby further authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes herein above directed, including the making of minor changes in the description of any real property described in Exhibit ~~A" that may be necessary to fully accomplish those purposes. BE IT FURTHER RESOLVED that the property described in Exhibit "A" is to be used for the following public use and purpose; rights-of-way necessary for the widening and construction of improvements to Midway Road. After motion and second, the vote on this Resolution was as follows: Chairman Tod Mowery AYE Vice Chair Frannie Hutchinson AYE Commissioner Chris Dzadovsky AYE Commissioner Paula Lewis AYE Commissioner Kim Johnson AYE PASSED AND DULL` ~ this 20th day of August 2013. ~~ ~ G~~ - BOARD OF COUNTY COMMISSIONERS ATT ST: ~ - ~ °;~ ~ - . _~~, ST. LUCIE COUNTY, FLORIDA W - - mss: ~-a~ BY: putt' Cler ~~ ~~, - ~~ Chairman ~~~~-~ .~ ~ ~'~ `'~ APPROVE~S TO FORM AND ~Q'C`~~: ~®~~ CORREGTNESS:~ BY: County EXHIBIT "A" PARCEL 121 (WALTERS) THAT PART OF: "ALL OF LOT 96, IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, OF WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING: THE NORTH 267 FEET; THE SOUTH 100 FEET OF THE NORTH 367 FEET OF THE EAST 230 FEET; THE WEST 100 FEET OF ABOVE LOT 96, EXCEPT THE NORTH 267 FEET THEREOF; THE SOUTH 69 FEET OF THE NORTH 436 FEET OF THE EAST 230 FEET; THAT PARCEL DESCRIBED IN THAT CERTAIN DEED FROM ROY C. CHAUNCEY AND ETHEL CHAUNCEY, HIS WIFE TO THE STATE OF FLORIDA, RECORDED IN O.R.B. 228, PAGE 2485, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS ANY EXISTING RIGHT OF WAY FOR MIDWAY ROAD AND JORGENSEN ROAD." (SAID PROPERTY BEING THE SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 822, PAGE 2225 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.) DESCRIBED AS FOLLOWS: COMMENCE AT A MAGNETIC NAIL AND BRASS WASHER STAMPED "GCY LB4108" IN A CONCRETE CURB MARKING THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE RUN NORTH 00°12'49" WEST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 2644.30 FEET TO A POINT ON THE CENTERLINE OF SURVEY OF MIDWAY ROAD AS SHOWN ON ST. LUCIE COUNTY RIGHT OF WAY MAP, COUNTY JOB No. 0618; THENCE DEPARTING SAID EAST LINE RUN SOUTH 89°51'33" WEST ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 1317.44 FEET; THENCE RUN NORTH 89°35'55" WEST AND CONTINUE ALONG SAID CENTERLINE A DISTANCE OF 2.24 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 5; THENCE DEPARTING SAID CENTERLINE OF SURVEY RUN NORTH 00°10'20" WEST ALONG SAID WEST LINE A DISTANCE OF 2.50 FEET TO THE SOUTHEAST CORNER OF LOT 96 OF WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND SHOWN ON THE AFORESAID RIGHT OF WAY MAP, ALSO BEING SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE RUN NORTH 00°11'30" WEST ALONG THE EAST LINE OF SAID LOT 96 AND THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 37.50 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT OF WAY LINE OF MIDWAY ROAD AS SHOWN ON SAID RIGHT OF WAY MAP FOR A POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE RUN NORTH 89°35'55" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 43.98 FEET; THENCE DEPARTING SAID EXISTING NORTHERLY RIGHT OF WAY LINE RUN NORTH 00^11'30" WEST PARALLEL WITH THE AFORESAID EAST LINE OF LOT 96 A DISTANCE OF 8.00 FEET; THENCE RUN SOUTH 89°35'55" EAST PARALLEL WITH THE AFORESAID EXISTING NORTHERLY RIGHT OF WAY LINE OF MIDWAY ROAD A DISTANCE OF 32.00 FEET; THENCE RUN NORTH 00°11'30" WEST PARALLEL WITH THE AFORESAID EAST LINE OF LOT 96 A DISTANCE OF 11.88 FEET; THENCE RUN SOUTH 89°48'29" EAST A DISTANCE OF 11.98 FEET TO A POINT ON SAID EAST LINE OF LOT 96; THENCE RUN SOUTH 00°11'30" EAST ALONG SAID EAST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 495 SQUARE FEET, MORE OR LESS. EXHIBIT "B" MIDWAY ROAD WIDENING PROJECT SLC Project Number 06-018 ST. LUCIE COUNTY, FLORIDA PARCEL 121 SAFETY The Midway Road Widening Project is located within a mixed use (light industrial and residential) area near Port St. Lucie, Florida. Midway Road is a heavily traveled roadway with its limits extending from east of Florida's Turnpike to east of 25th Street with a later amendment revising the reconstruction limits of Midway Road from west of Selvitz Road to west of 25th Street. Also, Midway Road serves as a hurricane evacuation route to I-95 for the people of White City and other east coast areas. The proposed roadway widening accommodates increasing to two lanes in the eastbound and westbound direction. The addition of left and right turn lanes at select locations improves turning movements, provides smoother traffic flow and increases safety for users of the facility. The design of this project has been done in accordance with the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (The Florida Greenbook), as adopted and approved by the Florida Department of Transportation (FDOT). COST The cost of improving this section of Midway Road had been estimated prior to beginning design. The appropriate funding for design, right-of-way/easement acquisition and construction was budgeted in the County's Five Year Road program. During the design of the roadway, all reasonable efforts were made to minimize the right-of-way/easement areas to be acquired through condemnation. After considering Safety, Design, Planning, and Environmental factors, the cost of the acquisition of Parcel 121 fit into the planned funding for this project, and the acquisition of this easement was necessary, in furtherance of this public project. LONG RANGE PLANNING The development of this project is in conformance with St. Lucie County's 2035 Long Range Transportation Plan. The 2035 Long Range Transportation System Plan is a 25-year forecast based on projected regional needs identified though the process of forecasting travel demand; evaluation system alternatives and selecting those options which best meet the mobility, safety, and other needs of the County, considering financial, environmental and social constraints. The plan serves as the preliminary tool used for transportation planning in St. Lucie County. ALTERNATIVE ROUTES In regards to the current project alignment for Midway Road, the project originally evaluated multiple alternatives. Developing new corridors (on new alignments) to replace Midway Road capacity would result in significant environmental, social, and cultural impacts and very high engineering, right-of-way and construction costs. There are no nearby acceptable alternative corridors for the proposed project. Therefore, it was concluded that the proposed improvements on the existing corridor are the most prudent, cost effective and feasible alternative. The current proposed alignment balances the area needed to construct and maintain the proposed capacity improvements with overall impacts to adjacent land owners culminating in a more centered roadway alignment. ENVIRONMENTAL IMPACTS Midway Road exists along an established roadway corridor and the proposed widening improvements will have minimal negative impacts to the environment. This roadway improvement project is permitted through the appropriate environmental regulatory agencies. ACQUISITION FOR PARCEL 121 This proposed improvement necessitates a parcel acquisition identified on Sheet 10 of 21 of the right-of-way maps, herein referred to as Parcel 121. Parcel 121 contains a total of 495 square feet. The impacted area is located on the front portion of the parent tract. The Parcel 121 leaves a remainder tract of 1,007 square feet. The parcel taking allows for the construction of western radius of the intersection of Midway Road and Jorgensen Road along with related roadway and drainage features.