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2009-178
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2009-178
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Last modified
3/10/2016 9:24:36 AM
Creation date
10/1/2015 3:39:54 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
06/16/2009
Control Number
2009-178
Agenda Item Number
13.F.
Entity Name
Cumberland Farms Inc.
Subject
Leasen Agreement Stipulated Order or Take
Extended Possession Agreement
Area
Oslo Road and 27th Ave.
Supplemental fields
SmeadsoftID
10713
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parties to this cause pursuant to Chapters 127 , 73 and 74 of the Florida Statutes ; <br /> 2 . The pleadings in this cause are sufficient ; the COUNTY is properly exercising <br /> its delegated authority ; and that condemnation of Parcels 45A (fee simple ) and 45B (fee <br /> simple ) , which are legally described in Exhibit 1 , attached hereto and incorporated herein , <br /> is for a valid public purpose and is necessary for such valid public purpose ; <br /> 3 . The COUNTY has complied with the applicable provisions of Chapters 73 <br /> and 74 , Florida Statutes , is exercising properly its delegated authority , and is entitled to title <br /> and possession of Parcels 45A and 45B . All conditions precedent to the COUNTY' s <br /> requested relief have been performed or have occurred ; <br /> 4 . The COUNTY has established , and the Court herebyfinds , that a reasonable <br /> necessity exists for the acquisition of Parcels 45A and 45B for a valid public purpose , <br /> namely for road right of way uses and appurtenances relating thereto , for a portion of the <br /> Oslo Road ( C . R . 606 ) and 27th Avenue ( C . R . 607 ) roadway improvement projects . <br /> 5 . The COUNTY' s Declaration of Taking sets forth the good faith estimate of <br /> value for Parcels 45A and 45B . <br /> 6 . The COUNTY' S good faith Estimate of Value was made in good faith , and <br /> is based upon a valid appraisal , and is therefore APPROVED ; <br /> 7 . Respondents CUMBERLAND FARMS and RUTZ stipulate to the entry of <br /> an Order of Taking as to Parcels 45A and 45B in this cause and waive their right to a <br /> hearing on the Order of Taking ; <br /> 8 . The amount to be deposited into the Registry of the Court with respect to <br /> Parcels 45A and 45B is TWO MILLION THREE HUNDRED THOUSAND AND NO/ 100 <br /> DOLLARS ($ 2 , 300 , 000 . 00 ) ; <br /> 9 . The COUNTY shall make its deposit into the Registry of the Court within <br /> twenty (20 ) days of the entry of this Stipulated Order of Taking , and upon the deposit and <br /> Indian River County Resolution No , 2008 - 172 020 <br />
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