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MAR .3 `9877 `5 <br />BOOK `. ��E_ �;; <br />The Chairman asked if anyone present wished to be heard. <br />There being none, he declared the public hearing closed. <br />ON MOTION by Commissioner Eggert, SECONDED by Com- <br />missioner Bird, the Board unanimously adopted Reso- <br />lution 87-23, vacating a portion of Dixie Gardens, <br />Unit 3, as requested by Andrew Mustapick, owner of <br />Timber Ridge,- Inc., - <br />RESOLUTION 87 - 23 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF A PORTION OF DIXIE <br />GARDENS, UNIT 3, SECTION 3, LYING IN INDIAN RIVER COUNTY, FLORIDA. <br />WHEREAS, the County has received a request from the owner of <br />the property within the area to be vacated, being Timber Ridge, <br />Inc., asking that the Board of County Commissioners vacate that <br />portion of Dixie Gardens, Unit 3, Section 3 as recorded in Plat <br />Book 6, Page 71, Public Records of Indian River County, Florida, <br />as described below. <br />WHEREAS, in accordance with Florida Statutes §177.101, notice <br />of a public hearing to consider said request has been duly <br />published; and <br />WHEREAS, after consideration of the request, supporting <br />documents, staff investigation and report, and testimony of all <br />those interested and present, the Board finds that said portion of <br />subject plat is held in fee simple ownership by the applicants, <br />that all back taxes on the subject property have been paid to <br />date, and that vacation of the subject portion of the plat will <br />not affect the ownership or right of convenient access of persons <br />owning other parts of Dixie Gardens, Unit 3, Section 3. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: <br />1. All of that subdivision shown on a plat entitled "Dixie <br />Gardens, Unit 3, Section.3" filed in Plat Book 6, Page 71 of <br />the Public Records of Indian River County, EXCEPT the North <br />35 feet of said subdivision, which appears as a drainage <br />right-of-way; ALSO EXCEPT the East 35 feet of said sub- <br />division, which appears as the West portion of 8th Avenue <br />S.W., <br />is hereby vacated and said. property is hereby returned to un - <br />platted acreage, pursuant to the authority vested in the Board by <br />F.S. 177.101(3). <br />2. Notice of the adoption of this resolution shall be forthwith <br />published once within thirty (30) days from the date of adoption <br />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 177.101 in theOfficial Record Books of Indian River <br />County without undue delay. <br />30. <br />