HomeMy WebLinkAboutResolution 043-1964
COUNTY COMMISSIONERS RESOLUTION # 43-1964 _ SECONDARY ROADS
,
On .motion of Commissioner HA..RRIS , seconded by Co.mmi.ssioner PRITCHARD
the following resolution was adopted:
WHEREAS, the State Road Department of Florida has authorized and requested
MONROE
County to furnish the necessary rights of way, borrow pits and ease-
ments for that portion of Section 90590, County Road, extending from State Road 5 on
Summerland Key Northerly along Horace Street to Northside Drive,
which has been surveyed and located by the State Road Department 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 there-
for, be it
RESOLVED, that the State Road Department of Florida be and it is hereby re-
quested to pay for the rights of way, borrow pits and easements for said road, in-
cluding the removal of buildings, fences and other structures and improvements there-
on, and for other expenses of acquiring title to said rights of way, borrow pits and
easements by purchase or condemnation, from such funds and under such conditions as
are set out in the contract hereto attached; 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 State Road Department 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 De-
partment 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 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 judgment; and furnish to the
Department the abstract search provided for in said Contract.
STATE OF FLORIDA )
COUNTY OF MONROE )
I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution
passed by the Board of County Commissioners of
MONROE
County, Florida, at
meeting held the 8th day of
Sept~ A.D. 19 64 and recorded in the Commissioners
Minutes.
IN WITNESS WHEREOF, I hereunto set my hand and official seal this 8th day
of September , A.D. 1964 .
(SEAL)
CLERK OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
STATE ROAD DEPARTMENT RIGHT OF WAY RESOLUTION
WHEREAS, pursuant to due authorization, the State Highway Engineer has had
County
a part of ~lkd.4~atf:dt~n Road , in Monroe County, located and surveyed and
has designated same as Section 90590
, ahd has prepared a map of survey
and location of that portion of said Section extending from State Road 5 on Summerland
Key Northerly along Horace Street to Northside Drive,
NOW, THEREFORE, BE IT RESOLVED by the State Road Department that it here-
by 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, attested by the
Secretary, be filed in the Office of the Clerk of the Circuit Court of said COU[lty;
and
BE IT FURTHER RESOLVED that it is the judgment of the Department that the
construction of said portion of said Section is necessary, practical arill to the best
interest of the State, ~!d that it is necessary that the right of way for the road-
bed, ditches and borrow pits for said portion of said Section be acquiX"'cd; and that
the State Road Department is authorized to acquire the same by gift, pure/lase or con-
demnation; and
BE IT FOR'I'HER P..&SOLVED 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 ~or said portion of said Section
as shown on the official right of way map of said Section, together Wi. th any and all
easements for drainage ditches and borrow pi tsthat may hereafter be found and de-
termined necessary in the construction and maintenance of said portion of said Sec-
tion, 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 Sec-
tion, that the Director of the Department is hereby authorized to execute for the
Department the usual Right of Way Contract with the County.
STA TE OF FLORIDA )
COUNTY OF LEON )
THIS IS TO CERTIFY that the- above and foregoi.Dg.is a true-and-correct copy
of the preamble and resolution adopted by the State Road Department in meeting duly
called and held at Tallahassee, on 20th
day of August
, A. D. 1964
This, the 21st
day of
August
, A. D. 1964 ' Tallahassee,
. Florida.
. (DEPARTMENT SEAL)
-?:~~ (:=
~cre ary, tate Road epartment of Fiorida