HomeMy WebLinkAbout09/17/1926FRIDAY, SEPTE
ER 17th 1926.
The Board of County Commissioners in and for Indian River County, Florida, met at
the Court House in Vero Beach, on Friday September 17th 1926, at 10 o'clock A.M. with
the following members of the Board present: John H.Atkin, Chairman; G.1.Braddock;
Donald Forbes and O.O.Helseth. Commissioner J.W.LaBruce being out of the County on this
date was absent, Also present was Niles Warren, Clerk.
The Chairman announced the meeting had been called for the purpose of adopting a
resolution with respect to State Road No. 4 and for .any other business that may come
before the body.
Commissioner Donald Forbes moved the adoption of the following resolution:
WHEREAS, the State Road Department of the State of Florida, has requested this
Board to secure the right-of-way for that portion of State Road No. 4 to be constructed
by said Department from the North City limits of the City of Vero Beach, Florida,to the
south line of Indian River County, Florida, known as Project No. A* 654, and,
SAS, this Board has made satisfactory progress in securing said right-of-way,
and expects to have the same in its entirety within a short time, and is anxious that
the State Road Department shall let a contract for the construction of said Road at the
earliest possible moment and has requested said Department to advertise for bids there-
for;
here-
for; Now, THEREFORE:
BE IT RESOLVED by the Board of County Commissioners of Indian River County, State:
of Florida, that the State Road Department be and it is hereby requested to advertise
forbids and to let a contract for the construction of said road along the location
heretofore surveyed and designated by said Department, and that this Board hereby
agrees to indemnify and save harmless the said State Road Department for any cost or
loss that may result by delay or otherwise by reason of the failure of this Board to
secure any part of said right-of-way, and that this Board does hereby further agree
to defend at its own expense any litigation whioh may arise by reason of its failure to
secure any portion of said right-of-way and to meimburse and refund to said Department
any sums of money that said Road Department may be obligated to pay to any contractor
or contractors by reason of any delay or damage which may arise because of hindrance
to such contractor or contractors by property owners along said line of survey, by
reason of the failure or neglect of said Board to secure in advance any portion of said
right-of-way.
Which resolution was seconded by Commissioner Braddock and upon being put to a
vote was unanimously adopted.
It was ordered that the Clerk write Nottingham & Anderson, Attorneys, regarding
claim of Harold Knowles for injuries alleged to have occured on the Highway south of
Oslo.
The following resolution was introduced by Commissioner Forbes:
WHEREAS, the State Road Department of the State of Florida has requested the Board
of County Commissioners of Indian River County, Florida, tonsecure a right-of-way
sixty-six (66) feet in width for the location of State Road No. 4 Project 691 through
India River County, and
WHEREAS, the right-of-way for said State Road has been surveyed and located by the
State Road Department ' in'said County of Indian River, and
WHEREAS, the State Road Department has advised the Board of Commissioners of
Indian River County, Florida, that one James Sowards, through whose lands said road
has been surveyed and located by the State Road Department, has failed and refused to
execute and deliver a conveyance of said right-of-way to the State Road Department,or
to the County of Indian River, for the location of said Road, and
UMBRAS, the State Road Department of the State of Florida has requested the Board
of County Commissioners of Indiana River County, Florida, to condemn all necessary lands
for the purpose of securing rights of way for said State Road; therefore,
BE IT RESOLVED, that condemnation proceedings shall be brought and maintained in
the name of the County Commissioners of Indian River County, Florida, against said
James Sowards, and all other parties having any claim in the following described right-
of-way for State Road No. 4 Project 691, to -wit: -
A tract of land 66 feet in width, the center line of which is the center
line of State Road Number 4, Project 691, and begins at a point 240 feet West of the
North-east corner of the North-west Quarter of the North-west Quarter of Section 30,
Township 33 South, Range 40 East, thence South 11 degrees 54 minutes East to a point
in the South line of the North half of the North half of the North half of the North-
west Quarter of Section 30, 'said Township and said Range; said point being 158.75 feet
West of the South-east corner of the North half of the North-east Quarter of the
North-west Quarter of the North-west quarter of Section 30, said Township and Range;
said tract of land being a party of the North half of the North-east quarter of the
North-west quarter of the North-west,uarter of Section 30, Township 33 South Range
40 East, lying East of the Florida East Coadr Railway, and being located in Indian
River County, Florida.
Be it Further Resolved, that the attorney for this Board be, and he is hereby,
instructed and empowered to immediately proceed to institute and prosecute said suit.
Said resolution was duly seconded and upon being put to a vote was unanimously
carried as follows: Ayes: Commissioners Atkin, Forbes, Helseth and Braddock.
Nays: None.
The following resolution was introduced by Commissioner Forbes:
AREAS, the State Road Department of the State of Florida, has requested the
Board of County Commissioners of Indian River County, Florida, to secure a right-of-way
Sixty-six (66) feet in width for the location of State Road No. 4 Project 691 through
Indian River County, and
WHEREAS, the right of way for said State Road has been surveyed and located by the:
State Road Department in said County of Indian River, and
WHEREAS, the State Road Department :has advised the Board of Commissioners of
Indian River County, Florida., that one Fred Alexander Burgess, through whose lands
said road has been surveyed and located by the State Road Department, has failed and
refused to execute and deliver a conveyance of said right-of-way to the State Road
Department, or to the County of Indian River, for the location of said Road, and
wIBEREAS, the State Road Department has requested the Board of County Commissioners
of Indian River County, Florida, to condemn all necessary lands for the purpose of
securing rights of way for said State Road; therefore
BE IT RESOLVED, that condemnation proceedings shall be brougham and maintained in
the name of the County Commissioners of Indian River County, Florida, against said
Fred .Alexander Burgess, and all other parties baying any claims in the following des-
cribed right-of-way for State Road No. 4 Project 691, to -wit:
91
A tract of land 66 feet in width, the center line of which is the center
lihe of State Road Number 40 Project 691, and begins at a point 331 feet West of the.
Northeast darner of the South 220 feet of the Southwest Quarter of the Northeast
kuarte r of Section - 31, Township 3a. South, ,Range 40 , Eas__t 3_ thence South
19 degrees 8 minutes East to a point in the South line of the Southwest Quarter of the
Northeast Quarter of Section 31, Township 33 South Range 40 East; said point being 250
feet Vest of the Southeast corner of said tract in said section, township and range, be-
ing part of the South 220 feet of the Southeast Quarter of Southwest Quarter of the
Northeast Quarter of S°eotion 31, Township 33 South, Range 40 East and lying in Indian
River County, Florida.
Be. It Further Resolved, that the attorney for this Boafd be, and he is hereby,
instructed and empowered to immediately proceed to institute and prosecute said suit.
Said resolution was duly seconded and upon beingput ta a. vote was unanimously
carried as follows:
Ayes:. Commissioners Atkin, Herseth, Forbes and Braddock
Nays: None
The following resolution was introduced by Commissioner Forbes
Whereas, the State Road Department ofthe State of Florida has requested the
Board of County Commissioners of Indian River County* Florida, to secure a right at way
sixty-six (66) feet in width for the location of State Road No 4 Project 691 through
Indian River County, and
Whereas, the right of way for said State Road has been surveyed and located, by
the State Road Department in said county of Indian River, and
Whereas, the State Road Department has advised the Board of Commissioners of
Indian River County, Florida, that one James Sowards, through whose lands said road has
been surveyed and located -by the State Road Department, has failed and refused to execute
and deliver a conveyance of said right of way to the State Road Department, or to the
County of Indian River, for the location of said road, and
Whereas, the State Road Department of the State of Florida has requested the
Board of County Commissioners of Indian River County, Florida, to condemn all necessary
lands for the purpose of securing rights of way for said State Road; therefore
Be It Resolved, that condemnation proceedings shall be brought and maintained
in the name of the County Commissioners of Indian River County, Florida, against said
James Sowards* and all other parties having any claims in the following described right
of way for State Road No. 4 Project 691, to -wits
A tract of land 66 feet in width, the center line of which is the center line
of State Road. Number 4, Project 691, and begins at a paint 77.5 feet West of the North-
east corner of the South Half of the Northwest Quarter of the Northwest Quarter of
Section 30, Township 33 South, Range 40 Fast; Thence South 11 degrees 54 minutes East to
a point in the South line of the Northeast Quarter of the Northwest Quarter of Section
30, Township 33 South, Range 40 East; said point being 85 feet Eest of the Southwest
corner of the Northeast Quarter of the Northwest Quarter of said section, township and
range; said tract being a part of the Southeast Quarter of the Northwest Quarter of the
Northwest Quarter and of the Southwest Quarter of the Northeast Quarter of the Northwest
Quarter of Seetion 30, Township 33 South, Range 40 East, and lying and being in Indian
River County, Florida.
And "Be It Further Resolved, that the attorney for this Board be, and he is here+
by, instructed and empowered to immediately proceed to inats.tute and prosecute said suit
Said resolution was duly seconded and upon being put to a vote was unanimous
carried as folleFwat
Ayes: Commissioners Atkin, Forbes, Helseth & Braddock
Nays; Name
There being no further business, on motion made, seconded and carried the Board
than adjourned until the regular meeting in October 1926.
TTSST:
Chad r m a n