Resolution 001-1972
FORM' 79-04
7-7'
TATE OF FLORI! lEPARTMENT OF TRAN RTATION
COUNTY COI'iIlVlISSIONERS RESOLuTION
I
Section 90610-2608
t.
NO. 1-1972-SECONDARY ROADS
On motion of Commissioner
Commissioner J=. R ~ G M If IV'
CAR "1'" G.R , seconded by
the following resolution was adopted:
WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized
and requested Monroe County to furnish the necessary rights of
way, borrow pits and easements for that portion of Section 90610-2608, including parts of 8th
Street and. 9th Street on Shelter Key
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, utility relocations
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
RESOL VED, 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 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 the 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
RESOL VED, that the attorney for this Board he, 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 an condemnation proceedings to judgment; and furnish
to the Department the ab8tract search provided for in said Contract
STATE OF FLORIDA
COUNTY OF M)NIDE
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I HEREBY CERTIFY that the foregoing is a true and com~ct copy of resolution passed by the
Board of C,ounty Commissioncr~ _ ~OP. County, Florida, at
medin<T held the ;Is day of ~~~~ ' A.D.72-
19 1~ . and recorded in the Commissioners minutes.
IN. \\fITNESS WHEREOF, J hereunto set my hand and official seal this
day of. Pd--n~ ,A.D. 19 7:z-- .
/
~~~r
(SEAL)
,/-td~ ~;.
Clerk of the Boara of County Commissioners
OF MJNIDE COUNI'Y