HomeMy WebLinkAbout8/16/1949RM3 AUGUST 16s 1949._
The Board of County Commissioners of Indian River County. met at the Court House in
�. Vero Beach, Florida, at 11300 A. M., Tuesday, August 169 1949, in special meeting with the
and
following members presents Tom N. Stewart, Aubrey L. Waddell,/H. C. Watts. Absents Chairman
W. C. Graves, Jr. Also present were E. E. Carter, Road and Bridge Superintendent,and Charles
A, Mitchell, Attorney; and Douglas Baker, Clerk.
In the absence of Chairman Graves, Commissioner Tom N. Stewart was selected to serve
as Chairman Pro -tem.
Douglas Baker, Clerk, announced this meeting was called 13p*he purpose of adopting
Resolution and signing Agreement with State Road Department with regard to right-of-way and
easements for State Road No. 5, and such other business ad might be properly brought before
the Board.
COUNTY COMMISSIONERS' RESOLUTION
On motion of Commissioner Waddell, seconded by Commissioner Watts, 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 and easements for that portion of Section.
8801, State Road No. 59 extending from St. Lucie County Line northerly 0.6 miles, which has
been surveyed and located by the State Road Depattment as shown by 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 lands physically cleared
of all occupants, tenants, buildings and/or other structures situate upon or encroaching with�-
in the limits of the lands required for said portion of said Section; now, therefore, be it
RESOLVED, 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, buildings
and/or other structures situate upon or encroaching within the limits of 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
Department, the contract in the form hereto attached; and be it further
RESOLVED, that the Attorney for this Board b69 and he is hereby authorized and di«-
rected to proceed to take the necessary steps for the County to acquire in the name of said
County by donation, purchase or condemnation said rights of way and easements for said portion
of said Section, and to prepare in the name of said County by its County Commissioners all
condemnation papers, affidavits and pleadings, and prosecute all condemnation proceedings to
judgment; and said Attorney is further authorized to have prepared at said County's expense'
and furnish to the Department, the abstract search provided for in said contract.
IGHT OF WAY CONTRACT
THIS AGENT made and entered tnto this 16th day of August, A. D. 19499 by and
between the STATE ROAD DEPARTMENT OF FLORIDA, a body corporate under the laws of the State of
Florida, hereinafter called the "Department", and the COUNTY OF INDIAN RIVER, FLORIDA, a
political subdivision of the State of Florida, hereinafter called the "County", witnesses,
that
WHEREAS, the Legislature of Florida has designated and established State Road No. 5,
and the Department has located and surveyed a part of said road designated as Section 8801,
and has prepared a map of survey and location covering that portion of said Section extending
from St. Lucie County Line northerly 0.6 miles, in said County, as shown on said map, duly
certified as provided by law, on file in the office of the Department at Tallahassee, Florida,
and on file in the office of the Clerk of the Circuit Court of said County, and in the judgment
of the Department said•loeation and survey have been found to be practicable and to the best
interest of the State, and
WHEREAS, The Department has requested and authorized said County, solely at its
expense, to secure by donation, purchase or condemnation the lands and property necessary for
, such right of way, easements for outfall ditches and borrow pits for said portion of said
Section, and such as may hereafter be found necessary by the Department for said portion of
said Section' and
WHEREAS, The Board of County Commissioners of said County, at a meeting duly called
and held on the 16th day of August, A. D. 1949, adopted a resolution (copy being hereto
attached as a part hereof, marked "Exhibit A") signifying its agreement to comply with the
Department's said requests, and authorizing its Chairman and its Clerk, on its behalf, to
execute this contract;
NOW, THEREFORE: in consideration of the premises and of the mutual undeftakings
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, or by the County Attorney, showing the present
ownership and record description of each parcel of land over which said right of way and/or
easements extend, together with all unsatisfied or outstanding recorded liens or encumbrances,
leases and tax deeds, tag liens and tax certificates held by parties other than the State.
Thereupon the Department shall prepare and furnish to the County the description of said right
of way and/or easements to be acquired from each of the several parcels of land, 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 ease-
ments 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
and easements, or from any of its covenants hereunder.
2. After the Department has furnished the County said descriptions the County shall
proceed forthwith, solely at its own expense, to acquire by donation, purchase or condemnation,
free, clear and unencumbered title to:.the land so required as aforesaid for said portion of
said Section by the Department for said right of way and easements,.and gonvey or vest the
same to or in the State of Florida for the use of said State Road, by good and sufficient deed
or deeds, and deliver to the State Road Department said lands physically clear of all occupants,
tenants, buildings and/or other structures situate upon or encroaching within the limits of
the lands required for said portion of said Section. Any land to which the County has hereto-
fore acquired free, clear and unencumbered title, which may be necessary for said right of
way and/or easements, shall be'conveyed by the County to the State for the said use under the
provisions of this section. If the County within a reasonable time, to be determined by the
Department taking into consideration all the circumstances and conditions involved, should
fail to comply herewith, then and in such event the Department may, at its election abandon
the construction of said portion of said Section, or proceed after giving the County due
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notice thereof to acquire said right of way and easements, at the expense of the County, and
all sums so advanced by the Department shall be repaid to it by the County upon demand.
3. 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, d. -e. -aL�- l es- a ��t�ag-€ag-s�c�-3�r�g-a. -s g -c��-s ib- eo- fast -shall
continue to be a part of the State System of Roads, the County shall saver defend and keep
the State of Florida, and the State Road 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 because
of the lack of title or right of possession of the State of Florida for the use of said road,
to any portions of those lands and easement required by the Department for said portion of
said Section as aforesaid, 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,
Notary Public Bond for Anthony Locke in the sum of $500.00 with St. Paul Mercury
Indemnity ebmpany as surety was approved August 4, 19499 by Douglas Baker, Clerk Circuit
Court,as provided by law.
Notary Public Bond for Hazel N. Crews in the sum of $500.00 with St. Paul Mercury
Indemnity Company as surety was approved August 12, 1949, by Douglas Baker, Clerk Circuit^
Court as provided by law.
Clerk Baker was instructed to write or call Matt Simmons, Clerk. Circuit Court
Brevard County, and extend through him a formal invitation from thisAeaRsy to the several
members of the Board of County Commissioners of Brevard County together with their Clerk,
Attorney and representatives of Brevard County to meet with this Board, its Clerk, Attorney,
representatives of Indian River County and Honorable M. P. Barber, Member State Road Department,
at a meeting to be held at a time agreeable to those of both counties for the purpose of.
inspecting that portion of the land on the penibsutar lying south of the Sebastian inlet and
fn Brevard County to see what could be done, if anything, with regard to changing the dividing
injuries, actions or suits.
•
4. After the acquisition of said
right of way and easements by said County and the
acceptance of same as satisfactory by the Department,
the Department agrees to construct the
aforesaid portion of said Section at the earliest
date it determines pvacticable, and appro-
priate or cause to be appropriated the funds
for said construction.
IN WITNESS WHEREOF the Department
has caused this agreement to be executed in dupli-
cate by its Chairman and its Secretary, and
its official seal to be affixed; and 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
STATE ROAD DEPARTMENT OF FLORIDA
in the presence of:
(SEAL)
Alfred A. MCKethon. Chairman
L A Fualeigh Jr.
ATTEST: Robert 0. Ghiotto Secretary
Lila B. Walker
As to the Department
Signed, sealed and delivered
COUNTY OF INDIAN RIVERS FLORIDA
in the presence of:
Tom N. Stewart, Chairman Pro -tem
Ruth Glover
ATTESTS Douglas Baker
Ralph Harris
Clerk of Circuit Court and Ex -
As to the County
officio Clerk of the Board of
(CO.COMMIS SEAL)
County Commissioners
(CT. CT. SEAL)
LEGAL FORM APPROVED
John W. McWhitter
ATTORNEY S.R.D.
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Notary Public Bond for Anthony Locke in the sum of $500.00 with St. Paul Mercury
Indemnity ebmpany as surety was approved August 4, 19499 by Douglas Baker, Clerk Circuit
Court,as provided by law.
Notary Public Bond for Hazel N. Crews in the sum of $500.00 with St. Paul Mercury
Indemnity Company as surety was approved August 12, 1949, by Douglas Baker, Clerk Circuit^
Court as provided by law.
Clerk Baker was instructed to write or call Matt Simmons, Clerk. Circuit Court
Brevard County, and extend through him a formal invitation from thisAeaRsy to the several
members of the Board of County Commissioners of Brevard County together with their Clerk,
Attorney and representatives of Brevard County to meet with this Board, its Clerk, Attorney,
representatives of Indian River County and Honorable M. P. Barber, Member State Road Department,
at a meeting to be held at a time agreeable to those of both counties for the purpose of.
inspecting that portion of the land on the penibsutar lying south of the Sebastian inlet and
fn Brevard County to see what could be done, if anything, with regard to changing the dividing
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line between Brevard and Indian River County relating to the Sebastian inlet
There being no further business on motion made, seconded and carried, the Board
then adjourned.
AIRMAN PRO -TEM
ATTESTS
G7-7 lle6le
C
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TUESDAY. AUGUST 308 1949a
The Board of County Commissioners of Indian River County met at the City Hall in
Vero Beach, Florida' at 8:00 P. M., Tuesday' .August 30, 1949, in special meeting with the
following members present: W. C. Graves, Jr., Chairman; Aubrey L. Waddell, Tom N. Stewart..
Absent: H. C. Watts. Also present were Charles A. Mitchell, Attorney; E. E. Carter, Road
and Bridge Superintendent, and Douglas Baker, Clerk.
This meeting was held with members and/or representatives of the following political
organizations,
subdivision and/k*m=, to -wit: City of Vero Beach' Board of Public Instruction' American
Red Cross, Vero Beach.Chamber of Commerce, South and Central Florida Flood Control District'
and Fellsmere Sugar Producers Association.
The said meeting was held for the purpose of discussing ways and means to provide
a hurricane disaster emergency fund.
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2. SCHOOLS
Structural Damage
3. CITIES
Clean up & Municipal Utility, City
property, 1 ddath from high tension line
4. COUNTY
$392799000
2,500
2,500
159000
159000
Roads,.culverts, bridges, etc. 109000
10,000
5• PRIVATE HOMES AND BUILDINGS
1000 Structural damage according to Red Cross
2 5, 000
6. PUBLIC UTILITIES
Disruption of services, loss of food, etc. 50,000
50,000
7. FISHING INDUSTRY
Docks, Boats, Buildings
8. BOTANICAL GARDEN & NURSERIES
9. THREE COUNTY DRAINAGE DISTRICTS
Drainage Structures
10,000
10,000
10,000
10,000
15,000
159000
0
ESTIMATE OF DAMAGE IN
INDIAN RIVER COUNTY
CAUSED. BY HURRICANE OF
AUGUST 26-279 1949
* 1. AGRICULTURE
Citrus
- Loss in production costs,
(Fertilizer' insecticides,
fungicides, etc.
$ 5002000
Citrus
- Loss in labor earnings
12500,000
Citrus
- Loss in profit to growers
19000,000
Cattle
- Fences, water damage to groves
2 2000
Kenaf
- Fiber crop blown and broken
9000
Sugar Cane
- Broken, lodged, general
destruction; now unable to
harvest with machinery
2509000
2. SCHOOLS
Structural Damage
3. CITIES
Clean up & Municipal Utility, City
property, 1 ddath from high tension line
4. COUNTY
$392799000
2,500
2,500
159000
159000
Roads,.culverts, bridges, etc. 109000
10,000
5• PRIVATE HOMES AND BUILDINGS
1000 Structural damage according to Red Cross
2 5, 000
6. PUBLIC UTILITIES
Disruption of services, loss of food, etc. 50,000
50,000
7. FISHING INDUSTRY
Docks, Boats, Buildings
8. BOTANICAL GARDEN & NURSERIES
9. THREE COUNTY DRAINAGE DISTRICTS
Drainage Structures
10,000
10,000
10,000
10,000
15,000
159000
0