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' �tlntatibb '6050`.-2G[I1. <br />POAM 17Y•01 STATC OP FLORIDA DEPARTMENT OF TRANSPORTATION <br />7.74 COUNTY COMMISSIONERS RESOLUTION <br />On motion of Commissioner Loy seconded by <br />Commissioner McCu11ers the following resolution was adopted: <br />WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized <br />1' and reilmsted "a.� County to furnish the. necessary rights of <br />_ way, borrow pits and easements for that portion of Section $8501-2501, extending from <br />a point in aecticr, 3>, 'wnslasp 33 South, 11ange 40 East Northerly <br />along Indian River Boulevard to a point in Section 34, Township 31 <br />South, Rango 39 East <br />t t which has been surveyed and located by the STATE OF FLORIDA DEPARTMENT OF <br />TRANSPORTATION as shown by a map on file in the Office of the Clerk of -the Circuit Court of said <br />County, and in the office of the said Department at Tallahassee, and <br />WHEREAS, the said Department will not begin construction of said portion of said Section in <br />said County until title.to all land necessary for said portion of said Section has been conveyed to or <br />vested in said State by said County,,and said lands are physically cleared of all oceupant s, tenants, <br />fences, buildings and/or other structures and improvements upon or encroaching within the limits of <br />the land required for said portion of said Section; and <br />WHEREAS, the said County is financially unable at this time to provide the necessary funds to <br />acquire said rights of way, borrow pits and easements; now therefore, be it <br />RESOLVED, that the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION be and it <br />is hereby requested to pay for the rights of way, borrow pits and easements for said road, including <br />the removal of buildino�s, fences and other structures and improvements thereon, utility relocations <br />and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase <br />or condemnation, from proceeds of State of Florida Department of General Services bonds or <br />secondary gasoline tax funds (Article XII`, Section 9(4), of the Florida Constitution, and Section <br />335.041, Florida Statutes, as amended), whichever is available, under conditions set forth in the <br />contract, of which this resolution forms a part; and be it further <br />RESOLVED, that said County, through its Board of County Commissioners, comply with the <br />request of said Department and procure, convey or vest in said State the free, clear and unencumbered <br />title to all lands necessary for said portion of said Section, and deliver to the STATE OF FLORIDA <br />DEPARTMENT OF TRANSPORTATION said lands physically clear of all occupants tenants, fences, <br />buildings and/or other structures and improvements situate upon or encroaching within the limits of <br />the lands required for said portion of said Section and that the Chairman and the Clerk of the Board <br />be and they are hereby authorized and directed to execute and deliver on behalf of said County to said <br />Department 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 and directed to <br />proceed to take the necessary steps for the County to -acquire in the name of said County by donation, <br />purchase, or condemnation said rights of way, borrow pits and easements for said portion of said <br />Section, and to prepare ui the name of said County by its County Commissioners all condemnation <br />papers affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish <br />to the. Department the abstract search provided for in said Contract <br />STATE OF FLORIDA ) <br />COUNTY GF INDI ut RIVER ) <br />I IiER'EBY CERTIFY that the foregoing is a triS �n correct co of resolution passed by the <br />Board of County Commissioners of 76Y2tc t7 Iti l County, Florida, at <br />mecting held the ' —I `9t}' day of Anri1 , A.D. <br />19 7J. , and recorded in the Commissioners minutes. <br />IN WITNESS tt'H1 RIOT; I hereunto set my � id and official seal this 19th <br />day of April , A.D. 19 <br />(SEAL) <br />APR <br />'Clerk h ;'l ?Zd of Ciou n y Com <br />OF ZKOXP.ii It}:'t ER COU4TY <br />Z5 - <br />H <br />Ui'64 <br />