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HomeMy WebLinkAbout1976-014Rev. 11-75 Section 88060-2513 COUNTY COMMISSIONERS RESOLUTION No. 76-14 On motion of Commissioner Loy seconded by Commissioner Schmucker the following resolution was adopted: WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized and requested Indian River County to furnish the necessary rights of way, borrow pits and easements for that portion of Section 88060-2513 from a point on the West line of Section 6, Township 33 South, Range 36 East Southeasterly and Easterly to a point in Section 1, Township 33 South, Range 36 East including Bridge Number 9, 10, 11, 12, 13 and 14. which has been surveyed and located by the STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION as shown by a map on file in the Office of the Officer designated by law as the recorder for 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 lands 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, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now therefore, be it RESOLVED, that the STATE OF FLORIDA DEPARTMENT OF TRANS- PORTATION be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal of buildings, fences and other structures and improvements thereon, utility relocations and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condem- nation, from proceeds of State of Florida Department of General Services bonds or secondary gasoline tax funds (Article XII, Section 9 (4), of Florida Constitution, and Section 335.041, Florida Statutes, as amended), whichever is available, under conditions set forth in the contract, of which this resolution forms a part; and be it further RESOLVED, that said County through its Bard of County Commissioners, comply with the request of said Department and pro- cure, 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 OF FLORIDA DEPARTMENT OF TRANSPORTATION said lands physically clear of all occupants tenants, fences, buildings 0 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 the Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; STATE OF FLORIDA ) COUNTY OF INDIAN RIVER I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the Board of County Commissioners of Indian River County, Florida, at a meeting held the 10thday of March , A. D., 19 76, and recorded .in the Commissioners minutes. IN WITNESS WHEREOF, I hereunto set my hand and official seal this 11th day of March , A. D. lg 76 -2- Clerk ofebe Board of County Commissioners " (SEALI .•lin �� n� `'�,^, -2- Clerk ofebe Board of County Commissioners room a.TBsa W" aTAT■ Or rLORIDA O■•ARTMtRT OI TRARSVORTfITIrrNpGti(Jr► i ll o(,Ce-2 i 13 RIGHT OF WAY RESOLUTION WHEREAS, pursuant to due authorization, h State Highway Engineer has had a pari of Stale Road No. -:—,in ?n • t,in a^•. ver County located and +urveyed and has designated same as Section :� n r C 0– 2 513 , and has prepared a Map of Survey and Location of that portion of said Section S-21,13 Front a Point on the, ";est li:- of Section t', Tcxrnnhip 33 Soot:►,an.:ro 36 Eant Southeasterly arc' I::interly to n Point in Scction 1, Township 33 South, Range 36 East including !:ridge Number 9, 10, 11, 12, 13 an4 14. NOW, THEREFORE, BE IT RESOLVED by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION that it hereby approves the location and survey of said portion of said Section as shown on said map and directs that a copy of said map, certified by the. Director of Administration, attested by the Executive Secretary, be filed in the Office of the Clerk of the Circuit Court of said County; and BE IT FURTHER RESOLVED that it is the judgment of the STATE OF FLORIDA DEPART. MENT OF TRANSPORTATION that the construction of said portion of said Sections neressary, practical and to the best interest of the State, and that it is necessary that the right of way for the roadbed and borrow pits for said portion of said Section be, acquired in fee simple and a perpetual easement shall be acquired for Drainage Ditches; and the Department is authorized to acquire the same by gift, purchase, or condemnation; and BE IT FURTHER RESOLVED by the Department that said County be, and it is hereby requested and authorized, to secure by gift, purchase or condemnation the lands necessary for the right of way for the roadbed for said portion of said Section as shown on the official right of way map of said Section, together with any and all construction easetncnls, borrow pits and casements for drainage ditches that may hereafter be found and determined necessary in the construction and rnaintenance: of said portion of said Section, said land to be free of legal and physical encumbrances; and IT ER for the roadbed, ditcchesRand borrow thatin ►forthe saievent rtion of said Section,ees othat thethe Direcgtor f Ad- ministrationht of of the Department is hereby authorized to execute; for. the Department the usual Right of Way Contract with the County. DATED: o► ! / 6 (SEAT.) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Secretory of Tran.portationn ATTEST: Eaee r Secretary � — `+