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HomeMy WebLinkAbout1977-105RESOLUTION N0. 77-105 Section 88501-2GO4 COUNTY COMMISSIONERS RESOLUTION On motion of Commissioner Siebert , seconded by Commissioner Loy , 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 88501-2604., State Road S-711, from State Road 60 (Royal Palm Boulevard) in Vero Beach Northerly to Barber Avenue. which has been surveyed and located by the STATE OF FLORIDA DEPART- ME14T OF TRANSPORTATION as shown by a map on file in the Office of the Officer desigiiated 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 Coun;.y until title to all land necessary for said portion of said Section has been convoycd to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings, and/u_- other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and WHERE S , 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 R:'SOLVED, 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 El 40 RESOLVED, that said County through its Board 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 s lands physically clear of all occupants tenants, fences, buildings and/or othei: 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 dir.^cted to execute and deliver on behalf of said County to said Department the Contract in the form hene to attached; STATE OF FLORIDA ) COU14TY OF INDIAN RIVER) I HEREBY. CERTIFY that the forec,oing is a txue cznd correct copy of resolution passed by the Board of County Commissioners of Indian River County, Florida, at a meeting held the 2nd day of. November_ A. D,, 1977 , and recorded in the Commissioners minutes. IN WITNESS WHEREOF, I hereunto set my hand and official seal this 2nci__ day of Nov�n�,��_ , A. D. 19 77 (SLAT,) Clerk oi' the Board o?= County Commissioners, Indian River County -2- n J FORM 17"S STATE OF FLORIDA DEPARTMENT OF TRANSPORT,ITION S•71 RIGHT OF WAY RESOLUTION ' WHEREAS, pursuant to due authorization, the State Highway Engineer has had a part of State Road No. S-7 , in Tnrli nn e j y,.�r County located and surveyed and has designated same as Section 8 B 5 01— 2 F o A , and has prepared a Map of Survey and Location of that portion of said Section from State ':oad 64 (noyal Palm Boulevard) in Voro 9each ?lortherly to "larber T.venuc. 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 Section is necessary, 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 easements, borrow pits and easements for drainage ditches that may hereafter be found and determined necessary in the construction and maintenance of said portion of said Section, said land to be free of legal and physical encumbrances; and BE IT FURTHER RESOLVED, that in the event the County agrees to secure the right of wayy for the roadbed, ditches and borrow pits for said portion of said Section, that the Director of Ad- ministration of the Department is hereby authorized to execute for The Department the usual Right of Way Contract with the County. DATED: At._ (`;EAL) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: �� W Secretary of Trsneportation ATTEST: �- 6secutf fp ecretary