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HomeMy WebLinkAbout13-168JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3873846 09/10/2013 at 08:58 AM OR BOOK 3556 PAGE 2500 - 2501 Doc Type: RESO RECORDING: $18.50 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION 13-168 FILE NO.: BCC 620134637 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY DESIGNATING PROPERTIES ON SEGMENTS OF MIDWAY ROAD, INDRIO ROAD AND STATE ROAD 70 AS ELIGIBLE TO APPLY FOR "EMINENT DOMAIN WAIVERS," AS SPECIFIED IN ORDINANCE NO. 11-005. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 11-005 on February 1, 2011, which amended the St. Lucie County Land Development Code to provide for eminent domain waivers, and added Section 10.03.00 "Eminent Domain Waiver," which provides for the use of a waiver where an eminent domain action renders a site non-conforming. Ordinance No. 11-005 states "Sections 10.03.00 and 10.3.01 shall be applicable only after the Board of County Commissioners adopts a resolution approving the use of eminent domain waivers for specific public projects." The Florida Department of Transportation has specific public transportation projects on Midway Road, Indrio Road and State Road 70 which necessitates the use of an eminent domain action and requests that the following roadway segments be designated as eligible to apply for eminent domain waivers. FDOT Public Transportation Projects 1. MIDWAY ROAD -FROM SOUTH 25T" STREET/SR 615 EAST TO STAR AVENUE 2. INDRIO ROAD -FROM I-95 EAST TO SR 607 (EMERSON) 3. SR 70 -FROM 550 FEET WEST OF JENKINS ROAD TO 1800 FEET EAST OF JENKINS ROAD. Based on testimony and evidence, including, but not limited to the staff report, the following determinations have been made: Properties located within the above referenced segments of Midway Road, Indrio Road and State Road 70 should be eligible for eminent domain waivers. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: A. The Florida Department of Transportation has public transportation projects on Midway Road, from South 25T" Street/SR 615 east to Star Avenue, Indrio Road, from I-95 east to SR 607 and SR 70, from 550 feet west of Jenkins Road to 1800 feet east of Jenkins Road which require the use of eminent domain actions. These roadway segments are designated as specific public project and properties within the limits of these segments are eligible to use eminent domain waivers. B. This Resolution shall be recorded in the Public Records. File No.: BCC 620134637 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 C. After motion and second, the vote on this Resolution was as follows: Tod Mowery, Chairman AYE Frannie Hutchinson, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Paula Lewis, Commissioner AYE Kim Johnson, Commissioner AYE PASSED AND DULY ADOPTED this 3~d day of September, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA f BY Chairman APPROVED AS TO FORM AND CORRECTNESS :1~~_ l~~ County Attorney