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I JUL 18 1984 RESOLUTION 84-50 Boas 57 ma 749 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS_ OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF THAT'PORTION OF 40TH AVENUE BEGINNING AT THE SOUTH RIGHT-OF-WAY LINE OF 14TH STREET AND EXTENDING 60 FEET TO THE SOUTH, AND RESERVING UNTO THE COUNTY A 10 FOOT WIDE EASEMENT FOR UTILITY PURPOSES. WHEREAS, on June 6, 1984, the County received a duly executed and documented petition from the residents of 40th Avenue between 12th Street and 14th Street, Vero *Beach, Florida, requesting the County to close, vacate, abandon, and disclaim any right, title, and interest of the County and the. public in and to that portion of 40th Avenue beginning at the south right-of-way line of -14th Street and extending 60 feet to the south. : WHEREAS, in accordance with Florida Statutes S 336.10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after consideration of the petition, sup- porting documents, staff investigation and report, and testimo- ny of all those interested and present, the Board finds that said right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thorough- fare network, nor access to any given :private propertyp with the sole exception that said right-of-way is deemed necessary for utility purposes as reserved below. - NOW, THEREFORE, BE IT RESOLVED BY THE -BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title; and interest of the County and the public in and to that certain right-of-way being more particularly described as: That portion of 40th Avenue beginning at the south right-of-way line of 14th Street and extending 60 feet to the south, is hereby forever closed, abandoned, vacated, surrendered, discontinued, remised, and released excepting an easement for ingress, egress and maintenance - of existing utilities, being 5 feet on either side of the centerline of the 40th Avenue right-of-way. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30). days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes,§336.10 in the Official Record.Books of Indian River County without undue delay. Bird The foregoing resolution was offered by Commissioner who moved its adoption. The motion was