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4 <br /> RESOLUTION 2005. 95. <br /> RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN <br /> tel� RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, <br /> ABANDONMENT,VACATION AND DISCONTINUANCE OF A PORTION OF 21sT <br /> STREET LYING JUST WEST OF 54TH AVENUE, RESERVING A 20 FOOT <br /> 1 . EASEMENT OVER THE SOUTH 20' AND WEST 20' OF THE EXISTING RIGHT- <br /> OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA <br /> WHEREAS,on May 24, 2004,Indian River County received a duly executed and documented <br /> petition from Craig and Sherrol Rustay of Vero Beach, requesting that the County close, vacate, <br /> abandon,discontinue,renounce and disclaim any right,title and interest of the County and the public in <br /> and to a portion of 21't Street lying just west of 54`h Avenue as shown on the plat of the El Vero Villas <br /> Subdivision, Plat Book 4, Page 97 of the Public Records of St. Lucie County,Florida, said lands now <br /> 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 <br /> said petition was duly published; 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 /> W ALL THAT PORTION OF THE 50' WIDE RIGHT OF WAY FOR 21sT STREET <br /> W <br /> rn LYING WITHIN THE PLAT OF EL VERO VILLA SUBDIVISION,PLAT BOOK 4, <br /> ILL <br /> oi PAGE 97,OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA,(NOW <br /> W LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA),LYING WEST OF <br /> } p THE WEST RIGHT OF WAY LINE OF 54TH AVENUE/GRAND AVENUE (50' <br /> w co tr WIDE RIGHT OF WAY). <br /> a � O <br /> Z <br /> O In <br /> U_ Lying in Indian River County, Florida. <br /> oU is hereby forever closed, abandoned, and vacated, except that a 20' wide easement over the <br /> * m south 20' of the existing right-of-way is expressly reserved for drainage,pedestrian,emergency <br /> } <br /> access and utility purposes, and a 20' wide drainage and utility easement is expressly reserved <br /> Z 0 over the west 20'. (see Exhibit "A", attached) <br /> UJI <br /> V > 2. The closing, vacation, abandonment, of this public right-of-way is in the best interests of the <br /> public. <br /> 3. Notice of the adopting of this resolution shall be forthwith published once within thirty (30) <br /> days from the date of adoption hereof; and <br /> 4. The Clerk is hereby directed to record this resolution together with the proofs of publication <br /> 1662711 <br /> ErtIV EC Pp�� LLtr-QQ b}� Florida Statutes 336.10 in the Official Record Books of Indian River County <br /> THIS DOCUMENT HAS BDED <br /> IN THE PUBLIC RECORDS OF <br /> INDIAN RIVER COUNTY FL <br /> BK: 1896 PG:1469, Pagel of 5 <br />'06/29/2005 at 021�12tpA*ty Development\Users\CurDev\RESOLUTION\2005 Resolutiotts\Rusmy ROW 2005-.rtf 1 <br /> JEFFREY K BARTON,CLERK OF <br /> COURT <br />