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