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D <br />RESOLUTION NO. 99- 41 IN THE RECORDS or <br />JEFFREY K. BARTON <br />CLERK CIRCUIT COURT <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONLW6MBWIRA <br />RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, <br />ABANDONMENT, VACATION AND DISCONTINUANCE OF LATERAL <br />BOULEVARD AS SHOWN ON THE REPLAT OF TRACTS 1728 AND 1765 OF <br />THE FELLSMERE FARMS COMPANY AND RESERVING A 15' WIDE <br />DRAINAGE AND UTILITY EASEMENT OVER A PORTION OF THE <br />ABANDONED RIGHT-OF-WAY SAID LAND LYING IN INDIAN RIVER <br />COUNTY, FLORIDA <br />MONO <br />WHEREAS, on May 18, 1998 Indian River County received a duly executed and <br />documented petition from Brian K. Davis of Vero Beach, Florida, requesting that the County close, <br />vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and <br />the public in and to Lateral Boulevard as shown on the replat of tracts 1728 and 1765, said lands <br />lying in Indian River County, Florida; and . 11) <br />c— <br />N <br />cn <br />WHEREAS, after consideration of the petition, supporting documents, staff investigation and <br />report, and testimony of all those interested and present, the Board finds that the subject right-of-way !� <br />is not a state or federal highway, nor located within any municipality, nor is said right-of-way • en <br />necessary for continuity of the County's street and thoroughfare network, nor access to any given <br />private property. <br />WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to <br />consider said petition was duly published; and <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF 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 <br />being known more particularly as: <br />MAMAS, SWel <br />SEE EXHIBIT "A" <br />DEEDS .`) O <br />NOTES <br />Lying in Indian River County, Florida. <br />AMON. K NW*, <br />`)INDIAN RIVER COUNTY <br />is hereby forever closed, abandoned, vacated, discontinued, renounce and disclaimed, <br />except for a 15' wide drainage and utility easement which is hereby reserved over the east 15' of the <br />entire abandoned right-of-way. <br />2. The closing, vacation, abandonment, discontinuance and disclaimer of this public right-of- <br />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) <br />days from the date of adoption hereof; and <br />4. The Clerk is hereby directed to record this resolution together with the proofs of publication <br />required by Florida Statutes 336.10 in the Official Record Books of Indian River County <br />without undue delay. =z) <br />tV <br />5. Said right-of-way shall be returned in its entirety to tracts 1728 and 1765 Fellsmere Farms CX) <br />-U <br />G7 <br />The foregoing resolution was offered by Commissioner Adams who moved <br />its adoption. The motion was seconded by Commissioner 01 nn <br />, and upon being <br />put to a vote, the vote was as follows: cls <br />Company. <br />1 <br />