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N <br /> 0 <br /> 0 <br /> 0 RESOLUTION 2008 - 178 <br /> w u <br /> w O <br /> w 2 o w RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br /> N > j COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION <br /> o AND DISCONTINUANCE OF THE SEGMENT OF 48" AVENUE (OLEANDER <br /> z AVENUE) THAT LIES BETWEEN 85TH PLACE (POINSETTIA BLVD) AND 86TH <br /> o z a Y STREET (PALM BLVD) IN WABASSO , SAID LAND LYING IN INDIAN RIVER <br /> Ow <br /> 0 < 0 o w COUNTY, FLORIDA <br /> vo 4 0 <br /> 0z V V LL <br /> NU - o w <br /> _ M o m , w WHEREAS, on September 27, 2006 , Indian River County received a duly executed and documented <br /> petition from Lars Hakansson and Robin Davis, requesting that the County close, vacate, abandon , <br /> discontinue, renounce and disclaim any right, title and interest of the County and the public in and to the <br /> portion of a segment of 48°i Avenue (Oleander Avenue) that lies between 85°' Place (Poinsettia Blvd) and 86°' <br /> Street (Palm Blvd) in Wabasso, 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, <br /> and testimony of all those interested and present, the board finds that the subject right-of-way is not a state or <br /> federal highway, is not part of a 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 /> ALL THAT CERTAIN PORTION OF 50 .00 FEET WIDE ROAD RIGHT-OF-WAY FOR 48TH <br /> AVENUE LYING BETWEEN 86TH STREET (PALM BOULEVARD) AND 85TH PLACE <br /> (POINSETTIA STREET) , "WEONA PARK", PLAT BOOK 2, PAGE 17, SITUATE WITHIN <br /> GOVEMENT LOT 5 OF SECTION 28 , TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN <br /> RIVER COUNTY, FLORIDA . <br /> Lying in Indian River County, Florida. <br /> is hereby forever closed , abandoned, and vacated, except that a drainage easement is expressly <br /> reserved over the entire area and a 30 ' wide utility easement centered in the existing right-of-way is <br /> expressly reserved (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 <br /> the date of adoption hereof, and <br /> 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required <br /> by Florida Statutes 336 . 10 in the Official Record Books of Indian River County without undue delay. <br /> 5 . The right-of-way shall revert to the adjacent property on both sides of the right-of-way. <br /> F:\Community Development\Users\CurDcv\RESOLUTION\2008 Resolutions\48th Ave ROW 2008-_rtf 1 <br />