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RESOLUTION NO. 2005- 038 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE SEGMENT OF <br />80th. COURT (SPRING STREET) BETWEEN 135TH STREET (WAUREGAN <br />AVENUE) AND 134TH STREET (BREVARD AVENUE) 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, on December 12, 2000, the Board of County Commissioners adopted <br />resolution 2000-150, which formally accepted the rights-of-way within the Town of Wauregan as <br />public rights-of-way. <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 William J. Cooney to <br />designate the segment of 80th Court (Spring Street) lying between 135th Street (Wauregan <br />Avenue) and 134th Street (Brevard Street) as a "limited use right-of-way", said right-of-way <br />segment shown on the attached map (SEE EXHIBIT "A"); and <br />WHEREAS, Indian River County has determined that the four lots that abut the subject <br />right-of-way segment have frontage on 134th Street (Brevard Street) or 135th Street (Wauregan <br />Street); and <br />WHEREAS, Indian River County has by regular mail notified the owners of record of the <br />four 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 pedestrian access, drainage, <br />emergency access and utility uses authorized by the county. <br />F:\Community Development\Users\CurDev\RESOLUTION\2005 Resolutions\80th Court (between 134th & 135th Street) Resolution.rtf <br />