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RESOLUTION NO , 2008 = 042 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A REAL ESTATE EXCHANGE WITH KEN McKELLAR . WHEREAS , Ken McKellar owns some properties adjacent to the County' s Wastewater Treatment Facility Effluent Disposal Site east of the Lateral " H " Canal at the northeast corner of 49th Street and 31St Avenue ; and WHEREAS , the County needs to acquire additional right-of-way along the north side of 49th Street that will require utilization of part of McKellar' s property ; and WHEREAS , the County also needs property along 31St Avenue for access to its Wastewater Treatment Facility Effluent Disposal Site ; and WHEREAS , the County owns several parcels of land adjacent to McKellar' s property ; and WHEREAS , the County needs property from the south end of McKellar' s property and will compensate him by giving him County-owned property on the north end of his property ; and WHEREAS , the County and McKellar have agreed to an equal exchange of portions of their respective properties as shown on Exhibits "A" and "B " attached ; and WHEREAS , the terms and conditions of the proposed exchange have been noticed in the newspaper once a week for two weeks pursuant to Section 125 . 37 , Florida Statutes , NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA , that the Real Estate Exchange Agreement ("Agreement") between Indian River County, Florida , and Ken McKellar is approved , and the Chairman is authorized to execute the Agreement and any necessary deeds to effectuate the exchange . The resolution was moved for adoption by Commissioner Wesley S . David and the motion was seconded by Commissioner jospph F _ Flpsrher and , upon being put to a vote , the vote was as follows : Chairman Sandra L . Bowden Aye Vice Chairman Wesley S . Davis Aye Commissioner Gary C . Wheeler Aye Commissioner Peter D . O ' Bryan Aye Commissioner Joseph E . Flescher Aye 1