HomeMy WebLinkAbout1978-023Rev. 11-75
RUSOLUTION NO. 78-23
COUNTY COMMISSIONERS RESOLUTION
On motion of Commissioner
seconded by Commissioner Loy
resolution was adopted:
Schmucker
, the following
u
WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
has authorized and requested f.• .4.. County
to furnish the necessary rights of way, borrow pits and easements
for that portion of Section" 11.- "r1 ;.(, t t•..
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S'ctio7 '.2, hi 1) .i3 scuta, '. t;i t(? 38 l'a: ' astorly ?t1Pnr• n l.o
`oad to na?1ci1 !load
which has been surveyed and located by the STATE OF FLORIDA DEPART-
MENT
EPART-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 tj pay for the right:; 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 Country 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
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 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
I HEREBY CERTIFY that the foregoing is a true and correct
copy of resolution passed by the Board of County Commissioners of
Indian Rivery County, Florida, at a meeting held the
5thday of aril , A. D., 1978 , and recorded in
the Commissioners minutes.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal this 5th day of April A. D. 1978
(SEAL)
Clerk of the Board of County
Commissioners `
I;ecti.nn RRG01. ')
RIGHT OF WAY CON`T'RACT
PROVIDING FOR USE OF SECONDARY GASOLINE TAX FUNDS
OR
STATE OF FLORIDA DEPARTMLNT OF GENERAL SERVICES BOND FUNDS
THIS AGREEMENT made and entered into this 5 t day of
April . 19 78, by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the "Department", and the COUNTY OF r • ,r .i .,,•1,,.„ ,
a Political Subdivision of the State of Florida, hereinafter called
the "County",
W I T N E S S E T H:
WHEREAS, the Legislature of Florida has designated and
established State Road No.s nr«-, and the Department has located
and surveyed a part of said Road designated as 'C.AI... 1,c,.
and has prepared a Map of Survey and Location covering that portion
of said Section �•� _.� ,�, ,.. ,, r
38
' )'
in said County, as shown on a map, duly certified as provided by law,
on file in the office of the Department of Transportation, Tallahassee,
Florida, and on file in the Office of the Official designated by law
as the recorder for said County, and in the judgment of the Depart-
ment said location and survey have been found to be practicable,
necessary and to the best interest of the State, and
WHEREAS, the Department- has requested and authorized said
County to secure by donation or purchase, if possible, the lands and
property necessary for such right of way, borrow pits and drainage
easements for said portion of said Section, and such as may here-
after be found necessary by the Department for said portion of said
Section, and
WHEREAS, the County is financially unable at this time to
provide the necessary funds from local sources to acquire the right
of way, borrow pits and drainage easements, and
WHEREAS, the Board of County Commissioners of said County,
at a meeting duly called and held on the _501 _ day of �Ainril ,
A. D•, 1.9 7,9, adopted a resolution, a copy of which is attached hero-
to as Exhibit "A" and made a part. hereof, ,i,nifying its agrc-anent
to comply with the Department's said request, requesting the Depart-
ment to pay for acquiring said lends for right of way, borrow pits
and drainage easements from funds which have been or may he remitted
to the Department under provisions of Article XII, Section 9 (4), of
the Florida Constitution, and Section 335.04:, Florida Statutes, as
amended, for expenditure solely within the County, or from proceeds
of Lhe State of Florida Department of Gc.,neral Services bonds issued
for the purpose of constructing this project, and authorizing its
Chairman and its Clerk, on its behalf, to execute this Contract;
NOW, THEREFORE, for and in consideration of the premises
and'of the mutual undertakings hereinafter set forth, the parties
mutually covenant and agree as follows:
1..The County shall forthwith furnish the Department with
a title search made by a reliable Abstractor or Abstract Company
showing the present ownership and record description of each parcel
of land over which said right of way, borrow pits and/or easements
extend, together with all unsdti.sfied or outstanding recorded liens
or encumbrances, leases and tax deeds, tax liens and tax certificates,
or other interests, including possessive interests. Thereupon the
Department shall prepare and furnish to the County the descriptions
of said rights of way, borrow pits and/or easements to he acquired for
each of the several parcels of ].and, or interests therein as shown
by said title search. The furnishing of said descriptions shall be
solely for the assistance of the County and nothing in this paragraph
shall be taken or construed as the Department's acceptance of the
title, or quality of the title, to the land or easements shown, and
shall not release or relieve the County of its agreement herein to
furnish the Department free, clear and unencumbered title to the
land required for said right of way, borrow pits and easements, or
from any of its covenants hereunder.
2. After the Department has furnished the County said descrip-
tion, the County shall proceed, out of the funds specified below,
to acquire either by donation or purchase the free, clear and unen-
cumbered title to the land so required as aforesaid for said portion
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Of said Section by the Department. for ti, i.d riclhLs of way, borrow
Pit', and ea-sumonts, convey or vv.st. till, riamu to or in the State of
Florida for Lhe uso. of the: state of Florida Dopart:ment. of Transpor-
tation, by gooci and sufficient decd or dieds, and deliver to the
Department said land physically clear of all occupants, tenants,
fe,:ces, buildings and/or other sLruct•ures and improvements situate
upon or encroaching within the limits of the lands required for said
porton of said Section and shall. have adjusted or secure arrangements
for the adjustment of all sanitary and/or storm sewers, gas mains,
meter, water mains, fire hydrants, pipes, poles, wires, cables,
conduits, and other utilities and facilities situate or encroaching
upon said land. Any land to which the County has heretofore acquired
a
free, clear and unencumbered title, which may be necessary for said
rights of way, borrow pits and/or easements, shall be conveyed by
the County to the .State for the said use under the provisions of
this section.
Upon completion, the County shall make a certificate to
the Department stating for each parcel and instruments vesting the
free, clear and unencumbered title thereto in the State and certify-
ing the removal of all occupants, tenants, fences, buildings and/or
other structures and improvements and adjustment of all facilities
and certifying that the free, clear and unencumbered title thereto
is vested in the State and that all physical encumbrances are removed
and that said rights of way are ready for construction of said por-
tion of said Section.
3. In those instances where the County is unable to acquire,
either by donation or purchase the lands and property necessary for
such right of way, borrow pits and drainage easements for said por-
tion of said Section, and such as may hereafter be found necessary by
the Department for said portion of said Section, the County shall
notify the Department of the necessity for condemnation proceedings.
The Department shall then, at its sole option, either condemn the
lands or authorize the County to do so. In those cases where the
Department authorizes the County to handle the condemnation proceed-
ings, the County shall mak(, a ccrt.ificate to the Department stating
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for each parcel condemned the instrumerars, v..,r;t ing the frog, char arn:
unencumbered title thereto in the State and certifying the removal. of
all occupants, tenants,.fence.s, buildings and/or other structures and
improvements and adjustments of all facilities and certifying that the
frea, clear and unencumbered title thereto is vested in the State
an:: t az al! pnysical encumbrances a. -c removed and tnat said rights
of way are ready for construction of Said portion of said Section.
4. Commencing with the date when the Department shall
begin construction operations on said portion of said Section, and
at all times thereafter for so long as said portion of said Section
shall continue to be a part of the State System of Roads the County,
solely at its own expense, shall save, defend and keep the State of
Florida, and the Department, its officers, employees and contractors
harmless from any and all damages, claims or injuries, actions at
law or suits in equity arising from or growing out of any defect or
alleged defect affecting the title or right of possession of the
State of Florida for the use of said road, to any portions of the
lands, borrow pits and easements acquired by the County and required
by the Department for said portion of said Section as aforesaid, or
because of the lack of title or right of possession thereto or by
reason of encumbrances thereon, or failure to have removed occupants,
tenants, fences, buildings and/or other structures and improvements
or made or caused to be made adjustments of utilities and facilities
thereon, and the County agrees to pay and discharge all lawful
claims, damages, judgments, decrees and any other expenses arising
from or growing out of such claims, injuries, actions or suits.
5. The Department agrees, at the direction of the County,
by resolution attached hereto and.made a part hereof, to pay for
items set forth in Paragraph 7 below, either from proceeds of .State
of Florida Department of General Services bands issued for the pur-
pose of construction this project, or from secondary gasoline tax
:ands (Article XII, Section 9(4), of the Florida Constitution, and
Section 335.041, Florida Statutos, as amended).
5. The County agrees that its acquisition of said rights
of w,ly, , borrow pits and easements shall be con6ucted under supervision
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of the'Department. Upon receipt of the necesrsary and proper infor-
mation from the County, the Department shall prepare requisitions
A
for payment out of said funds directly to the proper persons for the
A
•o
items set forth in Paragraph 7.
7. The purchase or condemnation of the lands or interests
required for rights of way, borrow ruts and/or drainage easements
for said portion of said Section as aforesaid shall be paid for in
the following manner:
An appraisal s::.a.11 be prepared of casts and damages
required.' for the acquisition or the lands and ease-
ments and the clearing of the r_ght of way of all
physical obstructions which shall. be approved by
the Department. After the appraisal is thus approved,
expenditures of said funds will be approved for the
following purposes and in the following amounts:
1. Payment of thc'price for the parcels of land or
easements arrired at either by negotiation or
by awards in condemnation includi;:g relocation
assistance as applicable under Department policies
and regulations.
2. The costs of title search and of%er title infor-
mation up to such amount as may be approved by
the Department.
3. The costs of the appraisal tap to such amount as
may be approved by the Department, provided the
appraiser is approved by the Department before
he is emploved.
4. The compensation to be paid to the County Attorney,
if applicable, handling the condemnation proceedings
shall be a reasonable fee, as determined by the
County Commissioners and approved by proper resolu-
tion, which shall, in all cases, be subject to
approval by the State of Florida Department of
Transportation.
5. Payment into the Registry of the Court of amount
set out in Order of Taking, if proceedings are
instituted under Chapter 74, Florida Statutes.
The County agrees not to stipulate for or agree
to expenditure of funds from this deposit without
approval of same by the Depactment, and further
agrees that money so deposited shall be used only
for the payment. cf 3wards of compensation to pro-
perty owners; and the County further agrees to
reimburse the Department for any money expended
from said deposit for any other purpose.
IN WITNESS WHEREOF, the Department has caused this Agreement
to be executed in quadruplicate by its Director of Administration
and Executive Secretary, and its official seal to be affixed; and
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the County has caused it to be executed by its Chairman and its
Clerk, and its official seal to be affixed, the day and year first
above written.
Signed, sealed and delivered
in the presence of:
As to the Department
1
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
BY:
Director of Administration
ATTEST: (SEAL)
Execu� ttive Secretary
COUNTY OF '('! )7:%. J :; , FLORIDA
Chairman
ATTEST �(i /4 ( SEAL)
Clerk of the Board of�County
Commissioners