Resolution 008-1971
Rev. 7-15-69
Section 9 .2619
COUNTY COMMISSIONERS RESOLurION NO. ~- 1971-SECONDARY ROADS
On motion of Comnissioner L A R I E I?
, seconded by
Ccrrrnissioner PR rr c If A 1'(0
the following resolution was adopted:
WHEREAS, the STATE OF FLORIDA DEPAffi'1\'1ENT OF TRANSPORrATION has authorized
and requested
Monroe
County to furnish the necessary rights of way, borrow
pits and easements for that portion of Section 90505, including part of Banyan
Terrace in Section 29, Township 60 South, Range 40 East.
which has been surveyed and located by the STATE OF FLORIDA DEPARI'MENT OF
TRANSPORI'ATION 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
W1{EREAS, 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 DEPAJll'MENT OF TRANSPORrATION 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 Carrnissioners,
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 DEPARI'MENT OF
TRANSPORI'ATION said lands physicall~,T 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 condeTIU1.ation 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 Carnnissioners all condemnation
papers, affidavits and pleadings, and prosecute all condeTIU1.ation proceedings
to judgfnent; and furnish to the Departr~nt 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 Carnnissioners of Monroe County, Florida,
at meeting held the 27th day of April , A. D. 19 71, and recorded in the
Commissioners minutes.
IN WITNESS WHEREOF, I heretmto set my hand and official seal this
day of , A. D. 19 .
(SEAL)
CLERK OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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