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2021-014
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2021-014
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Last modified
2/4/2021 11:30:39 AM
Creation date
2/4/2021 11:30:38 AM
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Template:
Resolutions
Resolution Number
2021-014
Approved Date
02/02/2021
Agenda Item Number
13.B.
Resolution Type
Resolution of Necessity
Entity Name
[(Chesnut) (Dent) (Mandina) (AC Veterinary)]
Subject
66th Avenue widening project Resolution of Necessity for (4) parcels’ right-of-way
Area
along 69th Street west of 66th Avenue
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RESOLUTION 2021- 014 <br /> 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 interest in the real property described in Composite Exhibit "A" as set forth herein, attached <br /> hereto and incorporated herein by reference, for the purpose of improving and reconstructing 66th <br /> Avenue, including Side Street, Intersection, Sidewalk and Water Retention Pond Improvements <br /> in order to provide for the health, safety and welfare of the growing population of Indian River <br /> 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 Statutes 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 <br /> Peter D. O'Bryan , and the motion was seconded by Commissioner <br /> Susan Adams and, upon being put to a vote, the vote was as follows: <br /> Chairman Joseph E. Flescher AYE <br /> Vice Chairman Peter D. O'Bryan AYE <br /> Commissioner Susan Adams AYE <br /> Commissioner Joseph H. Earman AYE <br /> Commissioner Laura Moss AYE <br /> The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of <br /> February, 2021. <br /> 2 <br />
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