FEB 7 1989
<br />QooK �,`r
<br />. 6 6 FA6E 24
<br />RESOLUTION NO. 89 - 16
<br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
<br />INDIAN •RIVER COUNTY, FLORIDA, PROVIDING FOR THE
<br />CLOSING, ABANDONMENT AND VACATION OF A PORTION OF
<br />THE CANAL AND ROAD RIGHTS-OF-WAY AS SHOWN ON THE
<br />PLAT OF THE FELLSMERE FARMS COMPANY SUBDIVISION AS
<br />RECORDED IN PLAT BOOK 2, PAGE 8 PUBLIC RECORDS OF
<br />ST. LUCIE COUNTY, SAID LANDS NOW LYING AND BEING IN
<br />INDIAN RIVER COUNTY, FLORIDA.
<br />WHEREAS, on November 28, 1988, the County received a duly
<br />executed and documented petition from Steve Henderson, Esquire of
<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 portion of the canal and road
<br />rights-of-way as shown on the plant of the Fellsmere Farms Company
<br />Subdivision as recorded in Plat Book 2, Page 8 Public Records of
<br />St. Lucie County, said lands now lying and being in Indian River
<br />County, Florida.
<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
<br />right-of-way is not a state or federal highway, nor located within
<br />any municipality, nor is said right-of-way necessary for
<br />continuity of the County's street and thoroughfare network, nor
<br />access to 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 public in
<br />and to that certain right-of-way being known more particularly
<br />described as:
<br />Exhibit "A"
<br />is hereby forever closed, abandoned, vacated, surrendered,
<br />discontinued, remissed and released.
<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 />Statues §336.10 in the Official Record Books of Indian River
<br />County without undue delay.
<br />The foregoing resolution was offered by Commissioner Fggp,-t•_,
<br />who moved its adoption. The motion was seconded by Commissioner
<br />'Scurlock , and upon being put to a vote, the vote was as follows:
<br />Chairman Gary C. Wheeler
<br />Vice -Chairman Carolyn K. Eggert
<br />Commissioner Don C. Scurlock, Jr.
<br />Commissioner Margaret C. Bowman
<br />Commissioner Richard N. Bird
<br />Aye
<br />Aye
<br />Aye
<br />Aye
<br />Aye
<br />The Chairman thereupon declared the resolution duly passed
<br />and adopted this 7th day of February , 1989.
<br />BOARD OF COUNTY COMMISSIONERS
<br />OF INDIAN RIVER COUNTY, FLORIDA
<br />ATTEST:
<br />BY:
<br />IF-
<br />�� '' ' ey • . Barton, Clerk'
<br />State of Florida
<br />County of Indian R' er` . e .
<br />Gary C heeler, Chairman
<br />Board County Commissioners
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