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Resolution 002-1970RevIR-15-69 Section 90020-2511 COUNTY CONS ISSI01',7E IS RESOLUTION NO. 2 -SECONDARY ROAD On motion of Cc=*.ssioner Parker Commissioner Pritchard , seconded by the following resolution was adopted: WfIEREAS, the STATE OF FLORIDA DEPARTTE, OF TRANSPORTATION has authorized and requested Monroe County to furnish the necessary rights of way, borrow pits and easements for that portion of Section 00020, Stake Road. 5, including Bridge and approaches across Boca Chica Channel, which has been surveyed and located by the STATE OF FLORIDA DEPART1TiINT 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 DEPA IMI,NT 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 DEPARIT�ENT 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 or, 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 iay ,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 MO1 ROE ) I HEREBY CERTIFY that the foregoing is a true and correct copy of reso- lution passed by the Board of County Commissioners of Mionroe County, Florida, at meeting -held the 10-day of February A. D. 19 70, and recorded in the Comnissioners minutes. IN WITNESS WIEMOF, I hereunto set my hand and official seal this 10th day ofFebruary , A. D. 1970 (SEAL) 1,•.,�Gt-. •'L-✓�-'%�i� CLERK OF THE BOARD OF COUNTY M' ' :SSI01" IRS Or i�T01�ROE COUNTY,FLORIDA L STATE OF FrdMDA DEi _'.P U ;' ± nF' TPA. 1rP0FTATION RIGHT OF i•:AY hiz'.):_LTiTON Section 90020-2511 Rev. 7-15-69 WHEREAS, pursuant to die authn - zation, the State 1'-i#mTay Engineer has had a part of State Road No. 5 , in Mop -roe County located and surveyed and has designated same as Section 90020 , and has prepared a Map of Survey and Location�of that portion of said Section including Bridge and approaches across Boca Chica Channel, NOW, TBEREFORE, BE IT RESOLVED by the STATE OF FLORIDA DEPARTMENT OF TRANSPCIUATION 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 judS ent 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 F[JRTHER 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 28thday of January, A. D. 1970 . This, the 29th day of Jar. (DEPARTMENT SEAL) D. 1970, Tallahassee, Florida. Executive becreLary STATE OF FLORIDA, DEPARTI+'EN'I' OF TRANSPORTATION