Resolution 007-1971
Section ~
-2614
Rev. 15-69
COUNTY OOMMISSIONERS RESOLUTION No. 7-1971-SECONDARY ROADS
On motion of Carmissioner
G A-/(T 13A
, secondf'-: i;
Carm1ssioner P A/!I( 6 /<.
the following resolution vms adopted:
WHEREAS, the STATE OF FLORIDA DEPARI'MENT OF TRAi\!SPORTA'rrON has author~ ?.pd
and requested Monroe
County to furnish the necessary rights of way, Lo)~ro1ti
pits and eas~nts for that portion of Section 90500, including Kennedy
Drive on Key West.
which has been surveyed and located by the STATE OF FLORIDA DEPARI'MENT 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 'rallalJassee, 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 was, borrow pits and easements;
now therefore, be it
RESOLVED, that the STATE OF FLORIDA DEPARI'MENT OF TRfu"JSPORI'ATION be and
it is hereby requested to pas 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 Carrnissioners J
canply 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 DEPARl'MENT 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 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 J and he 1s 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 jud@nent; and furnish to the Department the abstract search provided for in
said Contract
STATE OF FLORIDA )
OOUNTY OF MONROE )
I HEREBY CERI'IFY 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 day of , A. D. 19 ,and recorded in the
Commissioners minutes.
IN WITNESS WHEREOF, I hereunto set my hand and official seal this
day of , A. D. 19 ·
(SEAL)
CLERK OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
L
I
Section 90500-2614
S'1.___ JF FLORIDA JEPARTMENT OF _r{ANSPORTA'L.'-m
RIGHT OF WAY RESOLUTION
WHEREAS, pursuant to due authorization, the State Highway Engineer
has had a part of State Road ~
, in
Monroe
Co un ty
located and surveyed and has designated same as Section 90500
, and
has prepared a Map of Survey and Location of thai:. portion of said Section
including Kennedy Drive on Key West.
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 ln
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 and/or Project Agreement with the County.
DATED: 4A - ~d.; 1911
STATE OF FLORIDA DEPARTMENT OF
TRANSPORT~ ~.
BY: ~~ ~~//L
Secret ry of Transportation
(SEAL)
Rev. 9/24/70
ATTEST:
Executiv,