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<br />WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider
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<br />said petition was duly published; and
<br />RESOLUTION 2006- 164
<br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
<br />RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
<br />ABANDONMENT, VACATION, AND DISCONTINUANCE OF A PORTION OF
<br />94TH COURT (FORMERLY KNOWN AS 133RD AVENUE) LYING NORTH OF
<br />STATE ROAD 60 IN VERO TROPICAL GARDENS UNIT 1, SAID LAND LYING IN
<br />INDIAN RIVER COUNTY, FLORIDA
<br />WHEREAS, on August 5, 2005, Indian River County received a duly executed and documented
<br />petition from Prime Homes at Portofino Village Commercial, Ltd., requesting that the County close,
<br />vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the
<br />public in and to a portion of 94th Court (formerly known as 133rd Avenue) lying north of State Road 60
<br />as shown on the plat of Vero Tropical Gardens Unit 1 subdivision and recorded in Plat 4, Page 75 of
<br />Indian River County, Florida, said lands now lying and being in Indian River County, Florida; and
<br />WHEREAS, after consideration of the petition, supporting documents, staff investigation and
<br />report, and testimony of all those interested and present, the board finds that the subject right-of-way is
<br />not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary
<br />for continuity of the County's street and thoroughfare network, nor access to any given private property.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
<br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
<br />1. All right, title and interest of the County and the public in and to that certain right-of-way more
<br />particularly described as follows:
<br />BEGINNING AT THE NORTHWEST CORNER OF LOT 14, BLOCK A, OF VERO
<br />TROPICAL GARDENS SUBDIVISION, UNIT 1, ACCORDING TO THE PLAT
<br />THEREOF FILED IN PLAT BOOK 4, PAGE 75, PUBLIC RECORDS OF INDIAN
<br />RIVER COUNTY, FLORIDA, THENCE RUN S.0°29'58" W. ALONG THE WEST
<br />LINE OF LOTS 14 AND 15, BLOCK A, A DISTANCE OF 140.00' TO THE S.W.
<br />CORNER OF LOT 15, BLOCK A, SAID POINT BEING A POINT ON THE NORTH
<br />LINE OF A VACATED RIGHT-OF-WAY (RESOLUTION #7490, DATED 12-4-74);
<br />THENCE N.89°22'00"W. ALONG SAID NORTH LINE A DISTANCE OF 70.00' TO
<br />THE S.E. CORNER OF LOT 4, BLOCK H; THENCE N.0°29'58"E. ALONG THE
<br />EAST LINEOF LOTS 4 AND 5, BLOCK H, A DISTANCE OF 140.00' TO THE N.E.
<br />CORNER OF LOT 5, BLOCK H; THENCE RUN S.89°22'00"E. A DISTANCE OF
<br />70.00' TO THE POINT OF BEGINNING.
<br />is hereby forever closed, abandoned, and vacated. (See Exhibit "A", attached.)
<br />2. The closing, vacation, and abandonment of this public right-of-way is in the best interests of the
<br />public. 1798382
<br />THIS DOCUMENT HAS BEEN RECORDED
<br />IN THE PUBLIC RECORDS OF
<br />INDIAN RIVER COUNTY FL
<br />BK: 2100 PG:553, Pagel of 7
<br />11/14/2006 at 11:25 AM,
<br />COURT JEFFREY K BARTON, CLERK OF 1
<br />F:\Community Development\Users\Brian F\ROWA\94th Court\resolution.rtf
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