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Ac <br />RESOLUTION NO. 2004-122 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR 9T11 PLACE <br />S.W. FROM 35TH AVENUE TO 33" AVENUE WITHIN GROVENOR <br />ESTATES TO BE DESIGNATED AS A LIMITED USE RIGHT-OF- <br />WAY; SAID RIGHT-OF-WAY LYING IN THE UNINCORPORATED <br />AREA OF INDIAN RIVER 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 <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 J. Thomas Schlitt <br />to designate the segment of 9th Place S.W. from 35th Avenue to 33rd Avenue within <br />Grovenor Estates as a "limited use right-of-way", said right-of-way segment shown on <br />the attached map (SEE EXHIBIT "A") <br />WHEREAS, Indian River County has determined that Lots 1 and 16, Block 4, <br />Unit 1 and Lots 1 and 16, Block 3, Unit 2, Grovenor's Estates plat abut the subject right- <br />of-way have frontage on the 33r1 Avenue, 34th Avenue or 35`I' Avenue road right-of-way; <br />and <br />WHEREAS, Indian River County has notified by regular mail the owners of <br />record of Lots 1 and 16, Block 4, Unit I and Lots I and 16, Block 3, Unit 2 that abut the <br />subject right-of-way of the public meeting at which the Board of County Commissioners <br />will consider designating the subject right-of-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 />1-;\\Engineering\LMarino\General\9th Place SW -Resolution 08-03-04-cjk.doc <br />