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1995-064
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1995-064
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Last modified
4/20/2018 4:10:33 PM
Creation date
4/20/2018 4:07:06 PM
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Resolutions
Resolution Number
1995-064
Approved Date
05/23/1995
Resolution Type
Development Impact
Entity Name
DeBartolo Properties Management
Subject
Indian River Mall findings of fact and conclusion of law, impact, Amended development order
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EXHIBIT 3 <br />The Development Order transportation conditions are amended as <br />.follows. <br />TRANSPORTATION <br />39. <br />A. <br />Six -lane State Road 60 ("SR 60") from 66th Avenue to 58th <br />Avenue: <br />1. <br />The Developer shall design, obtain permits for and <br />construct an improvement to SR 60 to expand the <br />roadway from a four to a six lane divided roadway <br />section from the western approach to the 66th <br />Avenue/SR 60 intersection and extending east a <br />distance of approximately one (1) mile to the <br />western approach to the 58th Avenue/SR 60 <br />intersection (the "SR 60 Improvement"). The SR 60 <br />Improvement is depicted on Exhibit "A", attached <br />hereto and incorporated herein. The SR 60 <br />Improvement shall be designed in accordance with <br />a •licable Florida De•artment of Trans•ortation <br />("FDOT") standards. <br />If the Developer determines that additional right- <br />of-way is needed for the SR 60 Improvement, the <br />Developer shall dedicate property under its <br />ownership which is required for such additional <br />necessary right-of-way. In addition, the County <br />shall acquire or cause to be acquired all such <br />additional necessary right-of-way and temporary <br />construction easements not under the Developer's <br />ownership. If such necessary right-of-way cannot <br />be obtained through donation or negotiation, then <br />within 30 days of Developer providing written <br />notice to the County to commence eminent domain <br />proceedings, the County shall file or cause to be <br />filed a petition in eminent domain and shall <br />utilize the "quick take" procedures available under <br />Chapter 74, Florida Statutes, in exercising its <br />powers of eminent domain, in order to acquire all <br />additional necessary right-of-way and temporary <br />construction easements for the SR 60 Improvement, <br />subject to a Court finding of public purpose and <br />public necessity. The Developer shall reimburse <br />the County for the County's costs incurred in the <br />acquisition of such right-of-way, as described in <br />condition #53 of the original development order. <br />The County and/or the Developer may enter into a <br />joint participation agreement with FDOT in order to <br />obtain any necessary right-of-way and to receive <br />funding from FDOT to pay for resurfacing <br />improvements required by FDOT. <br />Surety in <br />of -credit, <br />Developer, <br />applicable <br />the form of a performance bond, letter - <br />or other surety which is proposed by the <br />and is acceptable to the County under <br />County regulations, shall be provided by <br />CODING: Blocked -out wording is to be deleted. Words underlined <br />are additions. <br />1 <br />
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