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HomeMy WebLinkAboutResolution 027-1969 I 8ec'::,=~~Oll ';05,~-t.O-26J_2 L~v. 7-15-69 COUNI'Y COfvMISSlOOERS RESOLUl'rON NO. 27-1969-SECONDARY ROADS On motion of Canm1ssioner '7 -1 R ~ / 5 , seconded by CanmissionerP A' I( / r ER the following resolution was adopted: WHEREAS, the STATE OF FIDRIDA DEPAfm.1ENII' OF TRtu\lSPORl'ATION has authorized and requested Honroe COtmty to furnish the necessary rights of way, bOITOW pits and easements for that portion of Section 90540, including parts of Streets on Sugarloaf Key, which has been surveyed and located by the STATE OF FLDRIDA DEPARIT-1ENT OF TRANSPORrATION 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, bOITOvl pits and easements; now therefore, be it RESOLVED, that the STA'IE OF FIDRIDA DEPARrJYlENT OF TRANSPORl'ATION be and it is hereby requested to pay for the rights of way, bOITOW 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, bOITOW pits and easements by purchase or condemnation, fran 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 1rVhich 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, conveyor vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the STA'lE OF FLORIDA DEPARI'f'/IENT OF TRANSPORrATION 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 Chainnan 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 fom 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, bOITOW 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 j~nt; and furnish to the Department the abstract search provided for in said Contract 3rA'IE OF FIDRIDA ) COUNrY 1.:;ONROE ) I HEREBY CERrIFY that the foregoing is a true and cOITect copy of reso- lution passed by the Boprd of County Comnissioners of Vlonroe County, Florida, at meeting held the.3t'ti day of -.n.ftLi4- , A. D. 19,{f' , and recorded in the Commissioners minutes. llJ WITNESS WHEREOF, I hereunto set my hand and official seal this ~ day of (84- , A. D. 19 0 cr. (SEAL) g", ~ n ~~ ~ ~ B0A.f.{;"= OF COUNTY COMMISSIONERS OF MOIrnOE ComITY, FLORIDA I Scc~io~ 905L-O-26:2 STATE OF FLDRIDA DEPJ.\RIT,1ENT OF TRANSPORI'ATION RIGHI' OF 1.JAY RESOLUITON Rev. 7-15-69 WHEREAS, pursuant to due authorization, the State Highway Engineer has had a part of State Road ~. ,in Monroe County located and surveyed and has designated same as Section 90540 ,and has prepared a Map of Survey and LDcation of that portion of said Section including parts of Streets on Suga.rloaf Key, NOW, THEREFORE, BE IT RESOLVED by the STATE OF FLORIDA DEPARrl'11ENT OF TRANSPORrATION 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 judgjTlent of the STATE OF FLORIDA IEPARTMENT 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 bOrTOW 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 FURrHER 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 FURI'HER 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 Hay Contract with the County. STATE OF FLORIDA ) COUNTY OF LEON ) THIS IS TO CERTIFY that the above and foregoing is a true and cOrTect copy of the preamble and resolution adopted by the STA'lE OF FLORIDA DEPARrIVIENT OF TRANSPORrATION in meeting duly called and held at Tallahassee , on 14th day of August , A. D. 19 69 . This, the l5th day of August~A. ~,T~ Executive Secretary STATE OF FLORIDA, DEPARrMENT OF TRANSPORTATION (DEPARTMENT SEAL)