HomeMy WebLinkAbout1962-044COUNTY COK-ISSIONERS RESOLUTION
On ,notion of Commissioner Macdonald seconded by Commissioner Wadde"1.1
the following resolution was adopted:
WHEREAS, the State Road Department of Florida has authorized and requested
INDIAN RIVER County to furnish the necessary rights of way, borrow pits and ease-
ments for that portion of Section 88602, State Road 5-505, extending from a pont in
Section 2d of Fleming Grant, Northerly and Northeasterly to Roseland,
which has been surveyed and located by the State Road Department as shown by a map
on file in the office of the Clerk of the Circuit Court of said County, and in the
office of the said Department at Tallahassee, and
WHEREAS, the said Department will not begin construction of said portion of
said Section in said County until title to all land necessary for said portion of
said Section has been conveyed to or vested in said State by said County, and said
lards are physically cleared of all occupants, tenants, fences, buildings and/or
other structures and improvements upon or encroaching within the limits of the land
required for said portion of said Section; and
WHEREAS, tine said County is financially unable at this time to provide the
necessary furls to acquire said rights of way, borrow pits and easements; now there-
for, be it
RESOLVED, that the State Road Department of Florida be and it is hereby re-
quested to pay for the rights of way, borrow pits and easements for said road, in-
cluding the, removal of buildings, fences and other structures and improvements there-
on, and for other expenses of acquiring title to said rights of way, borrow pits and
easements by purchase or condemnation, from such funds and under such conditions as
are set out in the contract hereto attached; and be it further
F.ESOLVED, that said County, through its Board of County Commissioners, comply
with the request of said Department and procure, convey or vest in said State the
free, clear and unencumbered title to all lands necessary for said portion of said
Section, and deliver to the State Road Department said lands physically clear of all
occupants, tenants, fences, buildings and/or other structures and improvements situate
upon or encroaching within the limits of the lands required for said portion of said
Section, and that the Chairman and the Clerk of this Board be and they are hereby
authorized and directed to execute and deliver on behalf of said County to said be-
partment the Contract in the form hereto attached; and be it further
RESOLVED, that the attorney for this Board be, and he is hereby authorized
and directed to proceed to take the necessary steps for the County to acquira in `.he
name of said County by donation, purchase, or condemnation said rights of way, borrow
pits and easements for said portion of said Section, and to prepare in the name of
said County by its County Commissioners all condemnation papers, affidavitc and
pleadings, and prosecute all condemnation proceedings to judgment; and furnish to t!:e
Department the abstract search provided for in said Contract.
STATE OF FLORIDA )
COUNTY OF INDIAN R1VEt)
I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution
passed by the Board of County Commissioners of INDIAN RIVM County, Florida, at
meeting held the AP1iday of tCc.Ki , A.D. 19r 2, and recorded in the Commissioners
Minutes.
IN WITNESS WHEREOF, I hereunto set my hand and o cial seal this /-%t/ day
Of < -ht A.D. 19 � .
Ae 4BOA 41-1(SEAL) ERK GF ECOPCISSIONEH5OF INDIAN ,.ORIDA
Bd�K 7 PACE 719
Motion was made by Commissioner Macdonald, seconded by Commis-
sioner Waddell and unanimously carried, that the County Attorney is re-
quested to publish a notice to set the Board of Equalization meeting for
Tuesday, July 10, 1962, at 10:00 o'clock, A. M.
Commissioner Macdonald stated that Mr. L. J. Ponder would like
to have a fence moved back of the right of way, 4 small palm trees re -sec
and 6 dead trees taken down in exchange for right of way on Roseland road
and Mr. W. S. Franklin would like the county to rebuild his driveway, not
to exceed 2 loads of marl with shell cap, in exchange for right of way on
Roseland road. Motion was made by Commissioner Macdonald, seconded by
Commissioner Waddell and unanimously carried, that the requests be granted
and the County Attorney prepare the necessary agreement and release for
same.
At the suggestion of Commissioner Graves, Motion was made by
Commissioner Waddell, seconded by Commissioner McCullers and unanimously
carried, that the county provide one single crossing on the property owned
by Mr. Graves Wilhoit for the use of he and Mr. Mirdbito, the adjoining
property owner, ( the same being Lateral ditch D4) subject to the approval
of Mr. Mirabito.
The County Engineer stated that the State Road Department asked
permission for the continued use of a small county building. It was the
Board's wishes that the State Road Department could continue to use the
building and Motion was made by Commissioner Macdonald, seconded by
Commissioner Waddell and unanimously carried, that the County Attorney
write a letter to the State Road Department and so advise.
The County Engineer stated that he had to add additional costs
for repairing Blue Cypress road and that the amount due from 'the property
owners.would now be $891.00 Motion was made by Commissioner Waddell, se-
conded by Commissioner McCullers and unanimously carried, that the County
Engineer is to collect the $891.00 before doing any work and also to advise
the property owners that the road when completed will not be maintained by
the county.
The County Engineer inquired as to set back for homes in R1 zoning.
After some discussion, Motion was made by Commissioner Waddell, secopded
.by Commissioner Macdonald and unanimously carried, that the County Attar-
ney be instructed to prepare the necessary details for amending the
zoning regulations requiring a minimun set back between buildings and
also regulate zoning for marl pits.
The County Engineer presented a Plat Of Naomi Place for tentative
approval. Motion was mads: by Commissioner Waddell, seconded by Commissioner
Hamilton and unanimously carried, that the plat is tentatively approved.
Al Webber, Deputy Clerk, requested an item to Item transfer as
follows,
Fine and Forfeiture Fund From To
951 Contingencies $200.00
23 Witness Fee $200.00
also a supplemental budget be advertised. Motion was grade by Conwaissioner
Mzicdonald, seconded by Coanissioner McCullers and unanimously carried,
that the rcguestsare granted.
Motion was rode by Commissioner McCull.ers, seconded by Commissioner
Macdonald and unanimously carried, that a trim to Daytona Beach by the
County Agent to tatcond the State Cattlemen's Convention from .lune. 13
to .lune 15 be authorized, and that bills for his espenscs be approved as
audited.
The several bills and accounts against the County, having been
diced, were examined and found correct, were approved and warrants
issued In settlement of same as follows; General Revenue fund, Warrant
Nos. $64 to 839, both inclusive; Road and Bridge Fund, Warrant. hos. 507
to 518, both inclusive; Fine and Forfeiture Fund, Warrant Nos. 67 to 69
Loth inclusive and Ceipital Outlay Fund, wlarrant No. 4$. Such bills and
accounts being on file in the office of the Clerk of the Circuit Court,
the warrants so issued from the respective funds being listed in the
Supplemental Minute Book as provided by the rules of the :Mate .auditor,
reference to such record and the list so recorded being wade as part of
these minutes.
There being no further business, on motion made, seconded and
carried the Board then adjourned.