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RESOLUTION 2005- 022 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF 48th AVENUE LYING BETWEEN 86TH STREET AND 87TH STREET, RESERVING AN EASEMENT OVER THE ENTIRE RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on March 24, 2004, Indian River County received a duly executed and documented petition from First Baptist Church of Wabasso, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of 48th Avenue lying between 86th Street and 87th Street as shown on the plat of the Weona Park subdivision and recorded in Plat Book 2, Page 17 of the records of Indian River County, Florida; and WHER1AS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the board finds that the subject right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way more particularly described as follows: A PORTION OF OLEANDER AVENUE (NOW KNOWN AS 48TH AVENUE) RIGHT-OF-WAY, AS SHOWN ON THE PLAT OF WEONA PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 2 PAGE 17 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PORTION BEING MORE PARTICULARLY BOUNDED AS FOLLOWS: ON THE EAST BY THE WEST LINE OF LOTS 1-12 BLOCK 5 OF SAID PLAT OF WEONA PARK SUBDIVISION, AND 60.00 FEET ABANDONED RIGHT-OF-WAY OF HIBISCUS BOULEVARD (NOW KNOWN AS 86TH PLACE), AND TRACT `B' BLOCK 6; ON THE WEST BY THE EAST LINE OF LOTS 9-16 BLOCK 1 OF SAID WEONA PARK SUBDIVISION, AND TRACT 'A' BLOCK 1; ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF BRIDGE BOULEVARD (NOW KNOWN AS 87TH STREET); AND ON THE SOUTH BY THE NORTH RIGHT-OF-WAY LINE OF PALM BOULEVARD (NOW KNOWN AS 86TH STREET). Lying in Indian River County, Florida. is hereby forever closed, abandoned, and vacated, except that an easement over the entire former right-of-way area is expressly reserved for drainage and utility purposes. (See Exhibit "A", P:\Community Development \Users\Brian F\ROW\48th Ave\bcc rcsolution.rtf