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FEB 7 1989 <br />sou 76 F', F 30 <br />Resolution 89-17 abandoning 79th Court between <br />134th and 135th Street, Roseland, as requested by <br />Marvin Hall. <br />RESOLUTION NO. 89 - 17 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR <br />THE CLOSING, ABANDONMENT, AND VACATION OF 79TH <br />COURT BETWEEN 134TH STREET AND 135TH STREET, SAID <br />LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. <br />WHEREAS, on November 9, 1988 the County received a duly <br />executed and documented petition from MARVIN HALL, 4950 134st <br />Street, Roseland, 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 79TH COURT BETWEEN 134TH STREET AND 135TH <br />STREET, said lands lying in Indian River 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 />ALL THAT PORTION OF LIME STREET (79TH COURT) LYING <br />BETWEEN BLOCK 46 AND BLOCK 49 RUNNING FROM THE <br />NORTHERLY LINE OF BREVARD AVENUE (134TH STREET) TO THE <br />SOUTHERLY LINE OF WAUREGAN AVENUE RECORDED IN PLAT <br />BOOK 1, PAGE 178 OF THE PUBLIC RECORDS OF ST. LUCIE <br />COUNTY. THE SAID LANDS NOW LYING IN INDIAN RIVER <br />COUNTY, FLORIDA. <br />is hereby forever closed, abandoned, vacated, surrendered, <br />discontinued, remissed and released, with the exception that a 40' <br />wide drainage and utilities easement be retained (as described in <br />Exhibit A) and this easement is reserved in perpetuity unto the <br />County and the Public and shall not be deemed to have been closed <br />or abandoned in any way by this resolution. <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 />30 <br />