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RESOLUTION NO. 2010 - 023 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTION NO. 2003-049 TO REMOVE LIMITED USE RIGHT-OF-WAY DESIGNATION FOR 77TH WAY (AVENUE 5) FROM ROSELAND ROAD TO 354 FEET, MORE OR LESS, SOUTH OF ROSELAND ROAD WHEREAS, the county land development regulations provide for the availability of a designation for "limited use right-of-way"; and WHEREAS, resolution No. 2003-049 established a "limited use right-of-way" designation for 77th Way (platted as Avenue 5) from Roseland Road to 354 feet, more or less, south of Roseland Road; and WHEREAS, the Osprey Ridge Office Development lies at the southern terminus of the right-of-way addressed in resolution No. 2003-049, but its owners were not provided notice that a "limited use right-of-way" designation for 77th Way was under consideration, and WHEREAS, the Osprey Ridge Office Development seeks to use 77th Way as a secondary access to disperse traffic impacts on U.S. Highway 1; and WHEREAS, Indian River County has received a request from the Osprey Ridge Office Development owners to have the "limited use right-of-way" designation removed from 77th Way; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Resolution No. 2003-049 is hereby rescinded and the "limited use right-of-way" designation is removed from 77th Way (platted as Avenue 5) from Roseland Road to 354 feet, more or less, south of Roseland Road and the area shall be identified as "general right-of-way". The foregoing resolution was offered by Commissioner Davi s , who moved its adoption. The motion was seconded by Commissioner F1 escher , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler Aye Aye Aye Aye Aye