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Rev. 7-15-69 <br />• k* • <br />COUNTY COMMISSIONERS RESOLUTION 69-65 <br />On motion of Carnnissioner L 0 Y <br />Commissioner 11e C U L L E R S the following resolution was adopted: <br />WHEREAS; the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized <br />end requested Indian River County to furnish the necessary rights of way, borrow <br />pits and easements for that portion of Section 88520, State Road Mil, from Oslo <br />Road Northerly along Clema„ns Avenue to Citrus Road, • <br />, seconded. by <br />which has been surveyed and located by the STATE OF FLORIDA TEPA -4 0+' OF <br />TRANSPORTATION as'shown.by'a map on file in the Office of the Clerk of the Circuit. <br />Court of said County, and in the office of:the said Department at Tallahassee, and <br />WHEREAS, thesaidDepartment will not begin construction of said portion <br />of said Section in said County until,title,to all land necessary for said portion <br />of said Section has been conveyed to or vested in said State by said County, and <br />said lands are physically cleared of all occupants, tenant's,''fences, buildings <br />and/or other structures and improvements upon or encroaching within the limits <br />of the land required for said portion'of said Section; and <br />'WHEREAS, the said County is financially unable at this time to provide <br />the necessary funds to acquire said rights of way, borrow pits. and easements; <br />now therefore, be it <br />RESOLVED, that the STATE OF FLORIDA DEP,1 DOT OF TRANSPORTATION be and <br />.t is hereby requested to pay for the rights of way, borrow pits and easements <br />for said road, including the removal of buildings, fences and other structures <br />and improvements thereon, and for other expenses of acquiring title to said rights <br />of way, borrow pits and easements by purchase or condemnation, from proceeds of <br />State of Florida Department of General Services bonds or secondary gasoline tax <br />funds (Article XII, Section 9(4), of the Florida Constitution, and Section <br />335.041, Florida Statutes, as amended), whichever is available, under conditions <br />set forth. in the contract, of which this resolution forms a part; and be it <br />further • <br />RESOLVED, that said County, through its Board of County Commissioners, <br />comply with the request of said Department and procure, convey or vest in said <br />State the free, clear and unencumbered title to all lands necessary for said <br />portion of said Section, and deliver to the STATE OF FLORIDA DEPARTMENT OF <br />TRANSPORTATION said lands physically clear of all occupants, tenants, fences, <br />buildings and/or other structures and improvements situate upon or encroaching <br />within the limits of the lands required for said portion of said Section and <br />that the Chairman and the Clerk of this Board be and they are hereby authorized <br />and directed to execute and deliver on behalf of said County to said Department <br />the Contract in the form hereto attached; and be it further <br />RESOLVED, that the attorney for this Board be, and he is hereby authorized <br />and directed to proceed to take the necessary steps for the County to acquire <br />in the name of said County by donation, purchase, or condemnation said rights <br />of way, borrow pits an.:easements for said portion of said Section, and to <br />prepare in the name of said County by its County Commissioners all condemnation <br />papers, affidavits and pleadings, and prosecute all condemnation proceedings <br />to judgment; and furnish to the Department the abstract search provided for in <br />said Contract <br />STATE OF FLORIDA ) <br />COUNTYINDIAN RIWR ) • <br />I HEREBY CERTIFY that the foregoing is a true and correct copy of reso- <br />lution passed by. the Board•of County Commissioners of Indian River County, Florida, <br />at meeting held the Jrday .of /Vo ve i 9ek , A. D. 194;70 and recorded in the <br />Commissioners minutes. <br />IN WITNESS WHEREOF, S hereunto set my hand and official seal this 3' <br />day ofA/ovCat r ek , A. D. 190. <br />(SEAL) <br />0 ' Lr�D!A V'7t CO'I PY, pLO:tiA1 t, J J , `' <br />NOVRI5 i96� .� ' PAct4d6 <br />