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2088353
<br />THIS DOCUMENT HAS BEEN
<br />RECORDED IN THE PUB _IC REO ORDS
<br />OF INDIAN RIVER COUNTY FL
<br />BK: 2442 PG:2135, Pa11e'I of 9
<br />09,0:3,12010 at 12:23 PM,
<br />RESOLUTION 2010- 066
<br />2067034
<br />THIS DOCUMENT HAS BEEN
<br />RECORDED IN THE PUBLIC RECORDS
<br />OF INDIAN RIVER COUNTY FL
<br />BK: 2441 PG:845, Pagel of 9
<br />08/27/2010 at 04:02 PM,
<br />JEFFREY K BARTON, CL ERK Of COURT JEFFREY K BARTON, CLERK OF COURT
<br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
<br />RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
<br />ABANDONMENT, VACATION AND DISCONTINUANCE OF A SEGMENT OF
<br />44TH STREET LYING BETWEEN 30TH AVENUE AND THE LATERAL H CANAL
<br />AS SHOWN IN PLAT BOOK 2, PAGE 77 AND PLAT BOOK 2, PAGE 88 OF THE
<br />PUBLIC RECORDS OF INDIAN RIVER COUNTY, AS DESCRIBED HEREIN,
<br />SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA
<br />WHEREAS, on April 16, 2010, Indian River County received a duly executed and documented
<br />petition from Jonnie Hamm on behalf of Macedonia Baptist Church, Inc., requesting that the County
<br />close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County
<br />and the public in and to a segment of 44th Street lying between 30th Avenue and the Lateral H Canal as
<br />shown in Plat Book 2, Page 77 and Plat Book 2, Page 88 of the Public Records of Indian River County,
<br />Florida, said lands lying and being in Indian River County, Florida; and
<br />WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider
<br />said petition was duly published; and
<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 is
<br />not a state or federal highway, not located within any municipality, not necessary for continuity of the
<br />County's street and thoroughfare network, and does not provide exclusive access to any private
<br />property.
<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 />segment more particularly described as follows:
<br />THAT PORTION OF 44TH STREET A (50.0' WIDE RIGHT OF WAY) LYING EAST OF
<br />30TH AVENUE, WEST OF LATERAL H, NORTH OF LOT 16 AND SOUTH OF TRACT
<br />"A", CANNON SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED
<br />IN PLAT BOOK 2, PAGE 77, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
<br />FLORIDA ALSO LYING SOUTH OF LOTS 61 THROUGH 63 LINCOLN PARK ESTATES,
<br />ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 88 OF
<br />THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINS 0.10
<br />ACRES MORE OR LESS. SUBJECT TO A UTILITY & DRAINAGE EASEMENT ACROSS
<br />THE SOUTH 25 FEET THEREOF. SUBJECT TO EASEMENTS, RESTRICTIONS,
<br />RESERVATIONS AND RIGHTS OF WAY OF RECORD, IF ANY.
<br />Lying in Indian River County, Florida.
<br />is hereby forever closed, abandoned, renounced, disclaimed, and vacated, except that a 25' wide
<br />drainage and utility easement shall be retained over the south half of the subject right-of-way
<br />segment (see Exhibit A sketch, attached).
<br />F:\Community Development\Users\CurDev\RESOLUTION \2010 Resolutions\Macedonia 2010- .rtf
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