Resolution 053-1982
RESOLUTION NO. 53 -1982
RESOLUTION AUTHORIZING THE ACQUISITION
OF CERTAIN LANDS BY EMINEtIT DOMAIN.
WHEREAS, pursuant to the provisions of Florida Statutes to
exercise the right and power of eminent domain for the purpose of
acquiring easement rights to use for a valid county purpose, and
WHEREAS, pursuant to Section l27.02, Florida Statutes, the
Board of County Commissioners may, by resolution authorize the
acquirement by eminent domain of real property for any county use
or purpose designated in such resolution, and
WHEREAS, the Board of County Commissioners of Monroe County,
Florida does hereby declare by this resolution that it is necessary
for the County of Monroe to acquire temporary easement rights to
certain real property, hereinafter legally described, situated in
Monroe County, to be used by the County and the Florida Department
of Transportation as temporary vehicular bridge sites in Monroe
County, and
WHEREAS, said property to be so acquired is situated in Monroe
County and legally described as follows:
A portion of Lot l20, Block 1, Amended Plat of Flamingo
Island Estates, as recorded in Plat Book 5, Page l21
of the Public Records of Monroe County, Florida.
and
A portion of Parcel 12, The Sombrero Properties, as
recorded in Plat Book 5, Page lOl of the Public Records
of Monroe County, Florida.
and
A portion of Lot 34, Block 4, "Venice", as recorded in
Plat Book 3, Page 22 of the Public Records of Monroe
County, Florida.
And any other properties needed to complete said bridges.
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COt1MISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
1. That the Board of County Commissioners of Honroe County,
Florida hereby declares that there exists a compelling public neces-
sity for the acquisition of the real property first described above
through eminent domain proceedings for the purpose of erecting two
temporary by-pass vehicular bridges.
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2. That the nature of the title to be obtained will be an
easement right for a time certain not to exceed one (l) year.
3. That the easement right and use of said property may be
taken prior to the entry of final judgment by the Circuit Court of
the Sixteenth Judicial Circuit of the State of Florida as provided
for by Florida Statutes Chapter 74.
4. That the legal staff, Mayor and Chairman of the Board of
County Commissioners of Monroe County, Florida, and the Clerk of
the Board of County Commissioners be and they are hereby authorized
to acquire in behalf of the County through eminent domain proceedings
or by negotiations, the easement rights described in this resolution.
5. That the County Attorney's Office, be and it is hereby
empowered and directed to file and execute any and all documents and
papers in initiating and conducting a condemnation proceeding in
behalf of Monroe County, if necessary, to acquire easement rights
as is the purpose and desire expressed in this resolution.
6. That the Clerk to the Board is hereby authorized to deposit
with the Registry of the Court of the Circuit Court of the Sixteenth
Judicial Circuit of the State of Florida, in and for Monroe County,
Florida sums of money to be determined by an appraiser pursuant to
the provisions of Florida Statutes 74.071.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 26th day of January, A.D. 1982.
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BOARD OF COUNTY COMMISSIONERS
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(Seal)
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