Resolution 069-1978RESOLUTION NO. 69 - 1978
RESOLUTION AUTHORIZING THE ACQUISITION
OF CERTAIN LANDS BY -EMINENT DOMAIN.
WHEREAS, pursuant to the provisions of Florida Statutes
Chapter 127, Florida Counties have been delegated the authority to
exercise the right and power .of eminent domain for the purpose of ac-
quiring 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 acquire-
ment 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 is 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.solid waste disposal incinerator facility
and sanitary land fill site 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 part of the Southeast Quarter (SE 4) of
the Northwest Quarter (NW4) of Section Ten
(10), Township Sixty (60) South, Range Forty
(40) East, described as:
COMMENCING at the Northeast corner of said
Southeast Quarter (SE4) of the.Northwest
Quarter (NW'-4) of Section Ten (10); thence
running at right angles westerly fifteen (15)
chains; thence at right angles South ten (10)
chains; thence at right angles East -fifteen
(15) chains, thence at right angles North.ten
(10) chains to the place of beginning, containing
fifteen (15) acres; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY; FLORIDA AS FOLLOWS:
1. That the Board of County Commissioners of MonrceCounty,
Florida hereby declares that there exists a compelling public necessity
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for the acquisition of the real property first described above through
eminent domain proceedings for the purpose of constructing hereon an
incinerator and sanitary land fill 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
District 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. IT IS FURTHER RESOLVED that RICHARD G. PAYNE, Assistant
County Attorney, be and he is hereby authorized and designated as the
party to file and execute all documents and papers and conduct all
litigation in behalf of MONROE COUNTY as may from time -to -time be
necessary to accomplish the purposes of this Resolution.
6. That the Clerk to the Board is hereby authorized to
deposit with the Registry of the Court of Circuit Court of the Sixteenth
Judicial Circuit of the State of Florida, In and For Monroe County, a
sum of money not to exceed $75:,000. pursuant to the provisions of
Florida Statutes Section 74.071.
RESOLVED'in Regular Session at Marathon, Monroe County, Florida
this 21st day of March, A.D. 1978.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Attest: B y 6Z'1 c
V Mayor/Chairman
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