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1976-041
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1976-041
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Last modified
1/20/2023 3:09:32 PM
Creation date
1/20/2023 3:09:22 PM
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Resolutions
Resolution Number
1976-041
Approved Date
06/09/1976
Resolution Type
Right of Way
Entity Name
Department of Transportation (DOT)
Subject
Right of Way contract regarding Indian River Blvd, Section 88501-2601
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of saict Section by the Department for said rights of way, borrow <br />pits and easements;, convey or vest th(� --mie 1.o or in the State of <br />Florida for the us(! of the State• of Plorido Dopartment of Transpor- <br />tation, by good and sufficient deed or deeds, and deliver to the <br />Department said land physically clear of ail occupants, tenants, <br />fences, ;:)uildings and/or other structurf.s and improvement_; situate <br />• <br />upon or encroaching within the limits of the lands required for said <br />portion of said Section and shall have adjusted or secure arrangements <br />for the adjustment of all sanitary rind/or storm sewers, gas mains, <br />meter, water mains, fire hydrants, pipes, poles, wires, cables, <br />conduits, and other utilities and facilities situate or encroaching <br />upon said land. Any land to which the County has heretofore acquired <br />free, clear and unencumbered title, which may be necessary for said <br />rights of way, borrow pits and/or easements, shall be conveyed by <br />the County to the State for the said use under the provisions of <br />this section. <br />Upon completion, the County shall make a certificate to <br />the Department stating for each parcel and instruments vesting the <br />free:, clear and unencumbered title thereto in the State and certify- <br />ing the removal of all occupants, tenants, fences, buildings and/or <br />other- structures and improvements and adjustment of all facilities <br />and certifying that the free, clear and unencumbered title thereto <br />is vested in the State and that all physical encumbrances are removed <br />and that said rights of way are ready for construction of said por- <br />tion of said Section. <br />3. In those instances where the County is unable to acquire, <br />either by donation or purchase the lands and property necessary for <br />such right o£ way, borrow pits and drainage easements for said por- <br />tion of said Section, and such as may hereafter be found necessary by <br />the Department for said portion of said Section, the County shall <br />notify the Department of the necessity for condemnation proceedings. <br />The Department shall then, at its sole option, either condemn the <br />lands or authorize the County to do so. In those cases where the <br />Department authorizes the County to handle the condemnation proceed- <br />ings, the County shall make a certificate: to the Department stating <br />M <br />
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