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RESOLUTION 2021- 078 <br />WHEREAS, except for the revision to the legal description of Parcel 128 as set forth <br />herein, Resolution 2021-045 shall remain in full force and effect as previously adopted. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY as follows: <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 real property described in Exhibit "A", attached hereto and incorporated herein by reference, <br />for the purpose of improving and reconstructing 66th Avenue, including Side Street, Intersection, <br />Sidewalk and Water Retention Pond Improvements in order to provide for the health, safety and <br />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 Exhibit "A", in the estate or interest as identified <br />therein, and to have prepared in the name of Indian River County, all papers, pleadings, and <br />other instruments required for this purpose, to file a Declaration of Taking upon the filing of any <br />such eminent domain action and to ensure any eminent domain proceedings which may be filed <br />pursuant to Florida Statutes Chapters 73, 74, and 127 are prosecuted through 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 Joseph E. Flescher , <br />and the motion was seconded by Commissioner Joseph Earman and, upon <br />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 Joe Earman <br />AYE <br />Commissioner Laura Moss <br />AYE <br />2 <br />