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RESOLUTION 2016- 025 SECTION 2. Indian River County finds it necessary and in the public interest to acquire a nonexclusive, permanent slope easement on, over and under the real property described in Exhibit "A", attached hereto and incorporated herein by reference, for the purposes of providing lateral support to the 53`d Street Extension roadway and in order to harmonize said roadway improvements with abutting lands for improving and constructing 53`d Street in order to provide for the health, safety and welfare of the growing population of Indian River County. Said easement shall be used by the County to permanently place or install soil, sand and other fill material necessary in the County's discretion, over, on, under, through and across the easement area. The County shall have the permanent right to enter the easement area in order to repair, replace and maintain the easement area and materials placed thereon. The abutting owner, and his successors and assigns, shall have full use of said easement area, provided, said owner(s) shall be permanently prohibited from removing or interfering with the operation, functioning, maintenance or repair of the fill materials or improvements placed on the easement area by County. SECTION 3. The County Administrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Exhibit "A", in the estate or interest as identified therein, and to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such Eminent Domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statutes Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. SECTION 6. This resolution shall take effect immediately upon its adoption. The resolution was moved for adoption by Commissioner Flescher , and the motion was seconded by Commissioner . p'gna , and, upon being put to a vote, the vote was as follows: Bob Solari, Chairman AYE Joseph E. Flescher, Vice Chairman AYE Wesley S. Davis, Commissioner AYE Peter D. O'Bryan, Commissioner AYE Tim Zorc, Commissioner AYE The Chairman thereupon declared the resolution duly passed and adopted this 15th day of March, 2016. 2