Resolution 267-1983
RESOLUTION NO.267 -1983
A RESOLUTION AUTHORIZING THE ACQUISITION OF
CERTAIN LANDS BY EMINENT DOMAIN.
WHEREAS, pursuant to the provisions of Florida Statutes to
exercise the right and power of eminent domain for the purpose of
acquiring property to use for a valid county purpose, and
WHEREAS, pursuant to Section 127.02, 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 the title to
certain real property, hereinafter legally described, situated in
Monroe County, to be used by the County as a landfill for the
Municipal Service District on Cudjoe Key, and
WHEREAS, said property to be so acquired is situated in
Monroe County and lega~ly described as follows:
A tract of land in Government Lot 8, Section
19, Township 66 South, Range 28 East, Cudjoe
Key, Monroe County, Florida; Commencing at
the southeast corner of the said Lot 8 and
thence west along the south boundary line of
the said Lot 8 a distance of 415 feet to the
Point of Beginning of the parcel of land
herein being described; thence continue west
along the said south line of the said Lot 8 a
distance of 478.31 feet to a point; thence
north at a right angle to the previous course
871.60 feet more or less to a point on the
mean high water line of a body of water;
thence northeasterly along the said mean high
water line 500 feet more or less to a point
bearing north and distant 1,000 feet more or
less from the Point of Beginning; thence
south 1,000 feet more or less to the Point of
Beginning, containing 10.2 acres, more or
less.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the Board of County Commissioners of Monroe County,
Florida, hereby declares that there exists a compelling public
necessity for the acquisition of the real property first
described above through eminent domain proceedings for the
purpose of being used as a landfill.
2. That the nature of the title to be obtained will be the
fee simple to the land described herein.
3. That the title 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 property title
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 the title 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 30th day of September, A.D. 1983.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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APPROVED AS TO FORM
A~D f)GAL ~UFFICIE~CY.
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Attorney's Office
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