3/30/2017 11:25:49 AM
9/30/2015 5:02:16 PM
Right of Way
Masteller & Moler
Eckerd's Drug Store
Designate 77th Way as Right of Way
77th Way, Roseland Rd.
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ENG/KTP <br />RESOLUTION NO. 2003- 049 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR 77TH WAY <br />(AVENUE 5) FROM ROSELAND ROAD TO 354 FEET, MORE OR <br />LESS, SOUTH OF ROSELAND ROAD TO BE DESIGNATED AS A <br />LIMITED USE RIGHT-OF-WAY; SAID RIGHT-OF-WAY LYING IN <br />THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY, <br />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 <br />non -general vehicular traffic purposes such as for pedestrian, drainage, utility and other <br />uses; and <br />WHEREAS, such a designation provides a benefit to abutting lot owners by <br />reducing building setbacks on abutting lots; and <br />WHEREAS, the Board of County Commissioners is authorized to designate a <br />county right-of-way as a "limited use right-of-way", and <br />WHEREAS, Indian River County has received a request from John Boyer, P.E., <br />of Mastelier & Moler, Inc, agent for Eckerd's Drug Store, to designate the segment of <br />th <br />77Way (Avenue 5) from Roseland Road to 354 feet, more or less, south of Roseland <br />Road as a "limited use right-of-way", said right-of-way segment shown on the attached <br />map (SEE EXHIBIT "A") <br />WHEREAS, Indian River County has determined that lots 5, 6, 7 and 8 of Van <br />Bergen and Hendry's Addition to Roseland plat that abut the subject right-of-way have <br />frontage on the 77th Drive (Avenue 4) road right-of-way; and <br />WHEREAS, Indian River County has notified by regular mail the owners of <br />record of lots 5, 6, 7 and 8 that abut the subject right-of-way of the public meeting at <br />which the Board of County Commissioners will consider designating the subject right-of- <br />way as a "limited 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 county right-of-way is hereby designated as a "limited use right-of- <br />way" as defined and referenced in the county land development regulations and shall not <br />be used for general vehicular traffic purposed but may be used for access to the property <br />F:\Engineering\Kimp\General\77th Way -Resolution 03-17-03-cjk.doc <br />
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