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ON MOTION by Commissioner Scurlock, SECONDED <br />by Commissioner Bird, the Board unanimously <br />closed the public hearing. <br />ON MOTION by Commissioner Bird, SECONDED by <br />Commissioner Bowman, the Board unanimously <br />approved Resolution 85-140 abandoning any <br />right the County may have to that portion <br />of 7th Avenue between 15th Street and 15th <br />Place as requested by N 8 B Realty. <br />RESOLUTION 35-140 <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 7th AVENUE LYING BETWEEN 15th STREET <br />AND 15th PLACE. <br />WHEREAS, on January 26, 1984, the County received a duly <br />executed and documented petition from N&B Realty Corporation, <br />Inc., P. O. pox 2736, Vero Beach, Florida, requesting the County <br />to close, vacate, abandon, and disclaim any right, title, and <br />interest of the County and the public in and to 7th Avenue lying <br />between 15th Street and 15th Place. <br />WHEREAS, in accordance with Florida Statutes §336.10, notice <br />of a public hearing to consider said petition has been duly <br />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- <br />of-way is not a state or federal highway, nor located within any <br />municipality, nor is said right-of-way necessary for continuity <br />of the County's street and thoroughfare network, nor access to <br />any given private property. <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 <br />particularly described as: <br />The west 70 feet of the east 5 acres of the south 1/2 <br />of the north 1/2 of the NW 1/4 of the NE 1/4 of Section <br />12, Township 33 South, Range 39 East, said land lying <br />and being in Indian River County, Florida. <br />Together with: <br />That portion of 7th Avenue lying between Lot 10, Block <br />A, and Lot 1, Block B, of Sunshine Quality Homes <br />Subdivision, Unit 2, as recorded in Plat Book 5, Page <br />63, Public Records of Indian River County, Florida. <br />is hereby forever closed, abandoned, vacated, surrendered, <br />discontinued, remised, and released. <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 resolution <br />together with the proofs of publication required by Florida <br />Statutes §336.10 in the Official Record Books of Indian River <br />County without undue delay. <br />The foregoing resolution was offered by Commissioner <br />Bird who moved its adoption. The motion was <br />seconded by Commissioner Bowman , and upon being <br />put to a vote, the vote was as follows: <br />r . <br />57 <br />Book 63 FnE '37 <br />