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RESOLUTION N0.98- 12 2 RESOLtMON OF THE BOARD OF COUNTY COMMISSIONERS OF IND RIVER OUNTY, FLORIDA, PROVIDING FOR THE CLOS G, ABANDO ,VACATION AND DISCONTINUANCE OF A SEG OF IOTM S BETWEEN 37TH STREET AND 418T STREET,AND RES VING A DRAINA AND UTILITY EASEMENT OVER THE ABANDO RIGHT- OF-WAY S LAND LYING IN INDIAN RIVER COUNTY,FLORIDA WHEREAS, on ugust 19, County 1998 Indian River Coun receive�a duly executed and documented petition,req that the County close,vacate,abandon, ntinue,renounce and disclaim any right,title and' terest of the County and the public in an¢"to a portion of 101'Street between 37"'and 41"Avenue,said lands lying in Indian River Co un ,Florida;and WHEREAS, in acro ce with Florida Statutes 336.10 notice of a public hearing to consider said petition was duly p blished;and WHEREAS,after considera4n of the petition,supporting documents,staff investigation and report,and testimony of all those interested and present,the board finds that the subject right-of-way is not a state or federal highway,nor,located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network,nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA that: 1. All right,title and interest of the County,,and the public in and to that certain right-of-way being known more particularly as: 1 (See Exhibit"A"for legal description.) Lying in Indian River County,Florida. is hereby forever closed, abandoned,vacated, discontinued, renounced and disclaimed, except for a drainage and utility easement which is hereby reserved over the entire abandoned right- of-way. 2. The closing,vacation,abandonment,discontinuance�d disclaimer of this public right-of- way is in the best interests of the public. 3. Notice of the adopting of this resolution shall be forthwith,published once within thirty(30) days from the date of adoption hereof,and 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commission -Ea G a r t who moved its adoption. The motion was seconded by Commissioner G i n n ,and upon being put to a vote,the vote w1a as follows: i 1