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2009-023
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Last modified
6/22/2016 11:49:12 AM
Creation date
9/30/2015 5:47:41 PM
Metadata
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Template:
Resolutions
Resolution Number
2009-023
Approved Date
03/17/2009
Agenda Item Number
13.G.
Resolution Type
Declaration to Acquire
Entity Name
Necessity to Acquire Certain Real Property
Mary Charlene Brown - Parcel 107A (homestead)
Subject
Improving and Reconstruction
Area
66th Avenue - 5115 66th Ave
Supplemental fields
SmeadsoftID
6168
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SECTION 1 . The Board of County Commissioners adopts and ratifies those matters <br /> identified and set forth in the foregoing recitals . <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`h 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 Flescher <br /> and the motion was seconded by Commissioner Davi s 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 /> 2 <br />
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