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Resolution No. 2003-049 is hereby rescinded and the "limited use right-of-way" 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