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v J <br /> ),4, /1�uld <br /> RESOLUTION NO. 2005-0124 <br /> RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br /> INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A 60' WIDE <br /> PORTION OF 46TH STREET LYING EAST OF 38TH AVENUE IN LORD <br /> CALVERT ESTATES AS RECORDED IN PLAT BOOK 5, PAGE 57. TO BE <br /> DESIGNATED . AS A LIMITED USE RIGHT-OF-WAY; SAID RIGHT-OF- <br /> WAY LYING IN THE UNINCORPORATED AREA OF INDIAN RIVER <br /> COUNTY, FLORIDA <br /> WHEREAS, on February 15, 2000, the Board of County Commissioners adopted <br /> ordinance No. 2000-004, which established in the county land development regulations a <br /> definition for and reference to "limited use rights-of-way"; and <br /> WHEREAS, "limited use rights-of-way" are defined as rights-of-way used for non- <br /> general vehicular traffic purposes.such as for pedestrian, drainage, utility and other uses; and <br /> WHEREAS, the rights-of-way within Lord Calvert Estates are public rights-of-way; and <br /> WHEREAS, such a designation provides a benefit to abutting lot owners by reducing <br /> building setbacks on abutting lots; and <br /> WHEREAS, the Board of County Commissioners is authorized .to designate a county <br /> right-of-way as a"limited use right-of-way"; and <br /> WHEREAS, Indian River County has. received an application from Linda. Cross* to . <br /> abandon a portion of the segment of 46th Street lying east of 38th Avenue in Lord Calvert Estates <br /> as recorded in Plat Book 5, Page 57, and to designate the remaining portion as a limited use <br /> right-of-way; and <br /> WHEREAS, based on County review, the County has determined it is in the public's <br /> interest to designate this remaining segment as a "limited use right-of-way" rather than abandon <br /> said segment, said right-of-way segment shown on the attached map (SEE EXHIBIT "A"); and <br /> WHEREAS, Indian River County has determined that the limited use right-of-way can be <br /> used for utility purposes, drainage purposes, and driveway access to individual lots; and <br /> WHEREAS, Indian River County has by regular mail notified the owners of record of the <br /> two lots that abut the subject right-of-way segment of the public meeting at which the Board of <br /> County Commissioners will consider designating the subject right-of-way segment as a "limited <br /> use right-of-way". <br /> NOW,. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br /> .COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA that: <br /> The subject segment of county right-of-way is hereby designated as a "limited use right- <br /> of-way" as defined and referenced in the county land development regulations, and shall not be <br /> used for general vehicular traffic purposes but may be used for driveways, pedestrian access, <br /> drainage, emergency access and utility uses authorized by the county. <br /> FACommunity Development\Users\CurDev\RESOLUTION\2005 Resolutions\60'wide portion of 46th Street 2005-.rtf 1 <br />