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RESOLUTION 2005- 189
<br /> RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
<br /> COUNTY,FLORIDA,PROVIDING FOR THE CLOSING,ABANDONMENT,VACATION
<br /> AND DISCONTINUANCE OF A PORTION OF 42ND PLACE LYING BETWEEN LOTS 42
<br /> AND 43 IN THE PINSON SUBDIVISION, RESERVING A DRAINAGE AND UTILITY
<br /> EASEMENT OVER THE ENTIRE RIGHT-OF-WAY, SAID LAND LYING IN INDIAN
<br /> RIVER COUNTY,FLORIDA
<br /> WHEREAS, on February 14, 2003, Indian River County received a duly executed and documented
<br /> petition from Fred Wenisch of Deerfield Beach,requesting that the County close,vacate,abandon,discontinue,
<br /> renounce and disclaim any right,title and interest of the County and the public in and to a portion of 42nd Place
<br /> between lots 42 and 43 of the Pinson Subdivision, Plat Book 2, Page 94 of the Public Records of Indian River
<br /> County,Florida, said lands now lying and being in Indian River County,Florida; and
<br /> WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said
<br /> petition was duly published; and
<br /> WHEREAS,after consideration of the petition,supporting documents,staff investigation and report,and
<br /> testimony of all those interested and present,the board finds that the subject right-of-way is not a state or federal
<br /> highway, nor located within any municipality,nor is said right-of-way necessary for continuity of the County's
<br /> street and thoroughfare network,nor access to any given private property.
<br /> NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
<br /> 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 /> 2
<br /> LEGAL DESCRIPTION: THAT PORTION OF THE 20 FOOT ALLEY ADJOINING THE
<br /> SOUTH LINE OF LOT 43,PINSON SUBDIVISION,ACCORDING TO THE PLAT THEREOF,
<br /> S
<br /> AS RECORDED IN PLAT BOOK 2, PAGE 94, OF.THE PUBLIC RECORDS OF INDIAN
<br /> s RIVER COUNTY,FLORIDA, BEING BOUNDED AS FOLLOWS:
<br /> J 1. ON THE NORTH BY THE SOUTH LINE OF SAID LOT 43;
<br /> s
<br /> t1 C� 2. ON THE SOUTH BY THE NORTH LINE OF LOT 42 OF SAID PLAT OF PINSON
<br /> H SUBDIVISION;
<br /> P, 3. ON THE EAST BY A LINE 20 FEET WEST OF (WHEN MEASURED AT RIGHT
<br /> ANGLES TO ) AND PARALLEL TO THE WEST RIGHT OF WAY LINE OF US
<br /> aHIGHWAY 1 (120 FOOT RIGHT-OF-WAY WIDTH);
<br /> 4. ON THE WEST BY THE WEST BOUNDARY OF PINSON SUBDIVISION.
<br /> Lying in Indian River County,Florida.
<br /> is hereby forever closed,abandoned,and vacated,except that a drainage and utility easement is expressly
<br /> reserved for drainage and utility purposes, over the entire right-of-way. (see Exhibit "A", attached)
<br /> 2. The closing, vacation, abandonment, of this public right-of-way is in the best interests of the public.
<br /> 3. Notice of the adopting of this resolution shall be forthwith published once within thirty(30)days from the
<br /> date of adoption hereof-, and
<br /> 1710777
<br /> THIS DOCUMENT HAS BEEN RECORDED
<br /> IN THE PUBLIC RECORDS OF
<br /> INDIAN RIVER COUNTY FL
<br /> h BK: 1970 PG:1638, Pagel of 5
<br /> 12/13/2006 at 08:05 AM,
<br /> F:\Community Development\Users\CurDev\RESOLUTION\2005 Resolutions\Wenisch ROWA 2005-.rtf 1
<br /> JEFFREY K BARTON,CLERK OF
<br /> COURT
<br />
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