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2021-045
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2021-045
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Last modified
7/13/2021 10:51:21 AM
Creation date
7/8/2021 11:06:44 AM
Metadata
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Template:
Resolutions
Resolution Number
2021-045
Approved Date
07/06/2021
Agenda Item Number
13.A.
Resolution Type
Resolution of Necessity
Entity Name
Parcel 127 (Lipfert and tenant Tongay),
Parcel 128 (Williams), Parcel 130 (Sexton),
Parcel 132 (Van Antwerp) & Parcel 151 (Barker/Strickland)
Subject
66th Avenue Right-of-Way between 69th and 85th Streets (Parcels 127, 128, 130, 132 & 151)
Document Relationships
2021-078
(Cover Page)
Path:
\Resolutions\2020's\2021
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RESOLUTION 2021- 045 <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 <br />ounty. <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 <br />Peter D. O'Bryan , <br />Susan Adams <br />moved for adoption by Commissioner <br />and the motion was seconded by Commissioner <br />and, upon being put to a vote, the vote was as follows: <br />Chairman Joseph E. Flescher <br />AYE <br />Vice Chairman Peter D. O'Bryan <br />AYE <br />Commissioner Susan Adams <br />AYE <br />Commissioner Joseph H. Earman <br />AYE <br />Commissioner Laura Moss <br />NAY <br />The Chairman thereupon declared the resolution duly passed and adopted this 6th day of July, <br />2021. <br />2 <br />
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