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2009-026
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2009-026
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Last modified
6/28/2024 10:48:49 AM
Creation date
9/30/2015 5:47:56 PM
Metadata
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Resolutions
Resolution Number
2009-026
Approved Date
03/17/2009
Agenda Item Number
13.H.
Resolution Type
Declaration to Acquire
Entity Name
Necessity to Acquire Certain Real Property
Mary Charlene Brown, Parcel 107
Subject
Improving and Reconstructing
Side Street, Intersection, Sidewalk and Water Retention Pond
Area
NW corner of 66th Ave and 49th St
Supplemental fields
SmeadsoftID
6172
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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 0' Bryan <br />and the motion was seconded by Commissioner Flescher 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 AYF <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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