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<br /> RESOLUTION 2005- 171
<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 46TH STREET LYING EAST OF 47TH
<br /> COURT IN CAVALIER ESTATES, 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 July 21,2005,Indian River County received a duly executed and documented petition
<br /> from Kenneth Jackson of Vero Beach,requesting that the County close,vacate,abandon,discontinue,renounce
<br /> and disclaim any right,title and interest of the County and the public in and to a portion of 46"'Street lying just
<br /> east of 47t"Court as shown on the plat of the Cavalier Estates Subdivision, Plat Book 4, Page 82 of the Public
<br /> Records of Indian River 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 /> Q
<br /> LEGAL DESCRIPTION: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK H,
<br /> Q CAVALIER ESTATES ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT
<br /> BOOK 4,PAGE 82 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA.
<br /> i SAID LANDS LYING IN INDIAN RIVER COUNTY,FLORIDA,THENCE RUN EAST TO
<br /> THE EAST LIMITS OF PLAT FOR 109.17 FEET. THENCE ALONG THE EAST LINE OF
<br /> s S PLAT SOUTH TO THE SOUTH RIGHT OF WAY OF 46TH STREET FOR 70.00 FEET.
<br /> --CTHENCE RUN ALONG THE EAST RIGHT OF WAY OF SAID 46TH STREET WEST FOR A
<br /> DISTANCE OF 109.17 FEET. THENCE RUN NORTH FOR 70.00 FEET TO THE PLACE
<br /> AND POINT OF BEGINNING. CONTAINING 0.18 ACRES MORE OR LESS.
<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 /> 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by
<br /> Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay.
<br /> 6 8005 5 The fight-of-way shall revert evenly to the adjacent property on either side of the rights-of-way.
<br /> THIS DOCUMENT HAS BEEN RECORDED
<br /> IN THE PUBLIC RECORDS OF
<br /> INDIAN RIVER COUNTY FL
<br /> 8K:-10,51 PGA638, Pagel of 5
<br /> 10/26/2005 at 03.3o��M
<br /> 1•:`C:om2nunity Development\Users\CurDev\RESOLUTION\2005 ResolutionsUackson ROW 2005- .rtf 1
<br /> JEFFREY K BARTON,CLERK OF
<br /> COURTI,
<br />
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