|
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
<br />
|