Resolution 196-1981
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L-J
RESOLUTION NO. 196- 1981
RESOLUTION AUTHORIZING THE ACQUISITION
OF CERTAIN LANDS BY EMINENT DOMAIN.
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WHEREAS, pursuant to the prov1s10ns of Florida Statutes
exercise the right and power of eminent domain for the purpose of
acquiring fee simple title 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 do hereby declare by this resolution that it 1S necessary for
the County of Monroe to acquire the fee simple title to certain real
property, hereinafter legally described, situated in Monroe County,
to be used by the County as a means of entry to the solid waste dis-
posal incinerator facility and sanitary land fill site located on
Key Largo for the disposal of garbage, trash, refuse and other
solid waste as may be forthcoming from the Key Largo area, and
WHEREAS, said property to be so acquired is situated in Monroe
County and legally described as follows:
A parcel of land being portions of Government Lot 2,
Section 10, Township 60 South, Range 40 East, Key
Largo, Monroe County, Florida, lying northwesterly of
State Road No. S-905, as shown on the "Plat of Survey
of a Portion of Section 10, Township 60 South, Range
40 East, Key Largo, Monroe County, Florida", according
to the plat thereof as recorded in Plat Boook 3,
Page 175 of the Public Records of Monroe County, Florida,
and being more particularly described as follows:
COMMENCE at the north one-quarter corner (N. 1/4) of
said Section 10; thence S 0 degrees 28 minutes 24 seconds
E. along the west line of the northwest one-quarter
(N.W. 1/4) of the northeast one-quarter (N.E. 1/4) of said
Section 10 for 1294.75 feet to the northeast (N.E.) corner
of the southeast one-quarter (S.E. 1/4) of the northwest
one-quarter (N.W. 1/4) of said Section 10, said point
being the northwest corner of Tract 4 as shown on said
"Plat of a Portion of Section 10 - Township 60 South,
Range 40 East, Key Largo - Monroe County - Florida";
thence S. 0 degrees 28 minutes 24 seconds E. along the
west line of said Tract 4 for 514.89 feet to the Point
of Beginning of the hereinafter described parcel of
land; thence S. 43 degrees 31 minutes 34 seconds E.
for 113.11 feet to an intersection with the northwest-
erly right-of-way line of said State Road No. S-905;
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thence S. 25 degrees 54 minutes 13 seconds W. along
said right-of-way line for 96.61 feet to an intersection
with the southwesterly tract limit of said Tract 4;
thence N. 43 degrees 31 minutes 34 seconds W. along
said southwesterly Tract limit for 50.24 feet to said
West line of Tract 4; thence N. 0 degrees 28 minutes
24 seconds W. along said west line for 132.49 feet
to the Point of Beginning. Said parcel contains 0.17
acres more or less.
BE IT RESOLVED BY THE BOARD OF COUNTY CO~~IISSIONERS 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 neces-
sity for the acquisition of the real property first described above
through eminent domain proceedings for the purpose of constructing
a means of egress thereon to the incinerator and sanitary land fill
area for the disposal of solid waste generated in the Upper Keys.
2. That the nature of the title to be obtained will be a
fee simple title for Monroe County, Florida.
3. That the fee simple title to said real 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, Manager of the Municipal Service Dis-
trict and the Clerk to the Board of County Commissioners be and they
are hereby authorized to acquire in behalf of the County through
eminent domain proceedings, the real property first described in
this resolution.
5. That the County Attorney's Office, be and it 1S hereby
empowered and directed to file and execute any and all documents and
papers in initiating and conducting a condemnation proceeding 1n
behalf of Monroe County, if necessary, to acquire 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,
a sum of money not to exceed $2,000.00 pursuant to the provisions of
Florida Statutes 74.071.
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Passed and adopted by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 16th
day of June, A.D. 1981.
BOARD OF COUNTY CO~IISSIONERS
OF MONROE COUNTY, FLORIDA
(Seal)
Attest:
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