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• <br /> RESOLUTION 2011- 070 <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 constructing 66th 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 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. Parcel 16 (2.72 acres) and Parcel 16A (0.81 acres) referenced in Composite <br /> Exhibit A will be taken in fee simple. The temporary construction easements adjacent to Parcel <br /> 16 and 16A (0.93 acres and 0.05 acres) referenced in Composite Exhibit A shall be valid for a <br /> period of 18 months from the date of conveyance to the County. <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 Davis <br /> and the motion was seconded by Commissioner 0'Bryan and, <br /> upon being put to a vote, the vote was as follows: <br /> Chairman Bob Solari Aye <br /> Vice Chairman Gary C. Wheeler Aye <br /> Commissioner Wesley S. Davis Aye <br /> Commissioner Joseph E. Flescher Absent <br /> Commissioner Peter D. O'Bryan Aye <br /> The Chairman thereupon declared the resolution duly passed and adopted this 6th day <br /> 2 <br />