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RESOLUTION 2009- 005 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows: SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. SECTION 2. Indian River County finds it necessary and in the public interest to acquire the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, to provide for the purpose of improving and reconstructing 16`h Street, including Sidewalk Improvements in order to provide for the health, safety and welfare of the growing population of Indian River County. SECTION 3. The County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Composite Exhibit "A", in the estate or interest as identified therein; to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose; to file a Declaration of Taking upon the filing of any such Eminent Domain action; and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statute Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. SECTION 5. This resolution shall take effect immediately upon its adoption. This resolution was moved for adoption by Commissioner O'Bryan and the motion was seconded by Commissioner Solari and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis AYE Vice Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYF Commissioner Bob Solari AYE Commissioner Gary C. Wheeler AYE 2