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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.