Resolution 025-1969Section 90550-261b
7-15-69
COUPT1'Y COP'+1ISSI0' S I ,201UTION NO. 25 -1969 -SECONDARY ROADS
On motion of Commissioner R k iS , seconded by
Commissioner the following resolution was adopted:
WHEREAS, the STATE OF FLORIDA DEPARREN`I' OF TRANSPORTATION has authorized
and requested Monroe County to furnish the necessary rights of way, borrow
pits and easements for that portion of Section 90550, including parts of Streets
on Raccoon Ivey,
which has been surveyed and located by the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION as shown by a 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 are physically cleared of all occupants, tenants, fences, buildings
and/or other structures and improvements upon or encroaching within the limits
of the land required for said portion of said Section; and
WHEREAS, the said County is financially unable at this time to provide
the necessary funds to acquire said rights of way, borrow pits and easements;
now therefore, be it
RESOLVED, that the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION be and
it is hereby requested to pay for the rights of way, borrow pits and easements
for said road, including the removal of buildings, fences and other structures
and improvements thereon, and for other expenses of acquiring title to said rights
of way, borrow pits and easements by purchase or condemnation, from proceeds of
State of Florida Department of General Services bonds or secondary gasoline tax
funds (Article XII, Section 9(4), of the Florida Constitution, and Section
335.041, Florida Statutes, as amended), whichever is available, under conditions
set forth in the contract, of which this resolution forms a part; and be it
further
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 OF FLORIDA DEPARTMENT OF
TRANSPORTATION said lands physically clear of all occupants, tenants, fences,
buildings and/or other structures and improvements situate upon or encroaching
within the limits of the 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 be, and he is hereby authorized
and directed 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, borrow pits 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 furnish to the Department the abstract search provided for in
said Contract
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that the foregoing is a true and correct copy of reso-
lution passed by the Board of County Commissioners of Monroe County, Florida,
at meeting held the;9Z/day of ,�E�i". , A. D. 19Gs , and recorded in the
Commissioners minutes.
IN WITNESS WHEREOF, I hereunto set my hand and official seal this 3 aXG
day of S'E,(i , A. D . 196 y .
( SEAL)
CLERK OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Section 90550-2616
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Rev. 7-15-69
RIGHT OF WAY RESOLUTION
WHEREAS, pursuant to due authorization, the State Highway Engineer has had
a part of State Road Va ,
in Monroe
County located
and surveyed and
has designated same as Section
90550 , and has
prepared a Map
of Survey and
Location of that portion of said Section including parts of Streets on Raccoon
Key,
NOW, THEREFORE, BE IT RESOLVED by the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION that it hereby approves the location and survey of said portion of
said Section as shown on said map and directs that a copy of said map, certified by
the Director of Administration, attested by the Executive Secretary, be filed in the
Office of the Clerk of the Circuit Court of said County; and
BE IT FURTHER RESOLVED that it is the judgment of the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION that the construction of said portion of said Section is
necessary, practical and to the best interest of the State, and that it is
necessary that the right of way for the roadbed and borrow pits for said portion of
said Section be acquired in fee simple and a perpetual easement shall be acquired
for Drainage Ditches; and the Department is authorized to acquire the same by gift,
purchase or condemnation; and
BE IT FURTHER RESOLVED by the Department that said County be, and it is
hereby requested and authorized, to secure by gift, purchase or condemnation the
lands necessary for the right of way for the roadbed for said portion of said
Section as shown on the official right of way map of said Section, together with any
and all borrow pits and easements for drainage ditches that may hereafter be found
and determined necessary in the construction and maintenance of said portion of said
Section, said land to be free of legal and physical encumbrances; and
BE IT FURTHER RESOLVED, that in the event the County agrees to secure the
right of way for the roadbed, ditches and borrow pits for said portion of said
Section, that the Director of Administration of the Department is hereby authorized
to execute for the Department the usual Right of Way Contract with the County.
STATE OF FLORIDA )
COUNTY OF LEON )
THIS IS TO CERTIFY that the above and foregoing is a true and correct copy
of the preamble and resolution adopted by the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION in meeting duly called and held at Tallahassee , On 14th day
of August , A. D. 19 69
This, the 15th day of August , D. 1969, Ta ahassee, lorida.
(DEPARTMENT SEAL) y`
Executive Secretary
STATE OF FLORIDA, DEPARTMENT' OF TRANSPORTATION