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2009-089
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2009-089
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Last modified
7/22/2016 3:29:56 PM
Creation date
9/30/2015 5:48:46 PM
Metadata
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Template:
Resolutions
Resolution Number
2009-089
Approved Date
06/16/2009
Agenda Item Number
13.D.
Resolution Type
Acquire Real Property
Improving and Reconstructing
Entity Name
Lawrence and Phyllis Brown
Subject
Necessity to acquire certain real property
Resolution 2009-100 amended this Resolution on 7/07/09
Area
4785 66th Avenue, Parcel 112
Supplemental fields
SmeadsoftID
6475
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RESOLUTION 2009- 089 <br /> SECTION 2 . Indian River County finds it necessary and in the public interest to acquire <br /> the real property described in Composite Exhibit "A", attached hereto and incorporated herein by <br /> reference, for the purpose of improving and reconstructing 66 s Avenue, including Side Street, <br /> Intersection, Sidewalk and Water Retention Pond Improvements in order to provide for the <br /> health, safety and welfare of the growing population of Indian River County . <br /> SECTION 3 . The County Administrator, County Attorney and outside eminent domain <br /> counsel are hereby authorized and directed to immediately proceed to take the necessary steps <br /> for Indian River County to acquire in its own name, by donation, purchase or eminent domain <br /> proceedings, the real property described in Composite Exhibit "A", in the estate or interest as <br /> identified therein, and to have prepared in the name of Indian River County, all papers, <br /> pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon <br /> the filing of any such Eminent Domain action and to ensure any eminent domain proceedings <br /> which may be filed pursuant to Florida Statute Chapters 73 , 74, and 127 are prosecuted through <br /> Final Judgment. <br /> SECTION 4. The Board of County Commissioners of Indian River County, through the <br /> power of eminent domain conferred by Chapters 73 , 74 and 127 , Florida Statutes and all other <br /> statutory or common law granting the County the power to institute and proceed to acquire <br /> property utilizing the power of eminent domain, further hereby authorizes and directs the County <br /> Attorney for Indian River County, outside eminent domain counsel, and any other County <br /> employees or agents to take such further actions as are reasonably required to accomplish the <br /> purposes identified herein . <br /> SECTION 6. This resolution shall take effect immediately upon its adoption. <br /> This resolution was moved for adoption by Commissioner Joseph E . Flescher <br /> and the motion was seconded by Commissioner Wesley S . Davis and, <br /> upon being put to a vote, the vote was as follows : <br /> Chairman Wesley S . Davis AYE <br /> Vice Chairman Joseph E . Flescher AYE <br /> Commissioner Peter D. O ' Bryan AYE <br /> Commissioner Bob Solari AYE <br /> Commissioner Gary C . Wheeler AYE <br /> The Chairman thereupon declared the resolution duly passed and adopted this 16th day <br /> of June, 2009. <br /> 2 <br />
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