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RESOLUTION 2009- 172 <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 5. This resolution shall take effect immediately upon its adoption. <br />This resolution was moved for adoption by Commissioner <br />and the motion was seconded by Commissioner Wheeler and, <br />upon being put to a vote, the vote was as follows: <br />Commissioner Wesley S. Davis <br />Ave <br />Commissioner Joseph E. Flescher <br />Ave <br />Commissioner Peter D. O'Bryan <br />Ave <br />Commissioner Bob Solari <br />Ave <br />Commissioner Gary C. Wheeler <br />AYe <br />The Chairman thereupon declared the resolution duly passed and adopted this 17th day <br />of November, 2009. <br />2 <br />