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rJAN, 23 1% <br />c <br />C <br />BOOK 59 PA(,),F. 691 <br />RESOLUTION 84- 34 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND <br />VACATION OF A 35 -FOOT WIDE COUNTY ROAD RIGHT-OF-WAY LOCATED ON THE <br />WEST SIDE OF STATE ROAD A -1-A, 1/2 MILE NORTH OF COUNTY ROAD 510, <br />TOGETHER WITH ANY RIGHT TITLE AND INTEREST OF THE COUNTY AND THE <br />PUBLIC IN AND TO THE ACTUAL EXISTING SOIL ROAD LOCATED PARTIALLY <br />WITHIN AND WITHOUT THE COUNTY RIGHT-OF-WAY <br />WHEREAS, on March 21, 1984, the County received a duly <br />executed and documented petition from North Beach Associates, <br />Ltd., a Florida Limited Partnership, of 582 Beachland Boulevard, <br />Vero Beach, Florida, requesting the County to close, vacate, <br />abandon and disclaim any right, title, and interest of the County <br />and the public in and to a 35 -foot wide right-of-way located on <br />the west side of State Road A -1-A, 1/2 mile north of County Road <br />510. Together with any right, title, and interest of the County <br />and the public in and to the existing soil road located partially <br />within and without the County right-of-way. <br />WHEREAS, in accordance with Florida Statutes Section <br />336.10, notice of a public hearing to consider said petition has <br />been duly published; and <br />WHEREAS, after consideration of the petition, supporting <br />documents staff investigation and report, and testimony of all <br />those interested and present, the Board finds that said right-of- <br />way is not a state or federal highway, nor located within any <br />municipality, nor is said right-of-way necessary for continuity of <br />the County's street and thoroughfare network, nor access to any <br />given private property; with the sole exception that said right-of- <br />way is deemed necessary 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 the <br />public in and to that certain right-of-way being more particularly <br />described as: <br />The South 35 feet of Government Lot 1, Section 23, Town- <br />ship 31 South, Range 39 East, which lies West of the <br />centerline of A -1-A, as filed in the office of the Clerk <br />of the Circuit Court of Indian River County, Florida, in <br />Plat Book 4, page 62, and terminating at the East right- <br />of-way line of Jungle Trail, <br />together with all right, title, and interest of the County and the <br />public in and to the existing soil road located partially within <br />and without the said right-of-way, is hereby forever closed, <br />abandoned, vacated, surrendered, discontinued, remised, and <br />released, reserving, however, the following described private <br />utility easements for the use of Florida Power and Light Company <br />and Southern Bell Telephone and Telegraph Company, said easement <br />being particularly described as follows: <br />The North 10 feet of the South 38 feet of that part of <br />Government Lot 1, Section 23, Township 31 South, Range <br />39 East, lying West of the centerline of State Road <br />A -1-A, Indian River County, Florida. <br />2. Notice of the adoption of this resolution shall be <br />forthwith published once within thirty (30) days from the date of <br />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 Section 336.10 in the Official Record Books of <br />Indian River County without undue delay. <br />r_ <br />N <br />