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�UG 1 aUGK 7 7 F,1.�E 490 <br />would build the public access easement road to the realigned <br />Jungle Trail if need be. <br />Attorney Collins noted that was his recommendation, but if, <br />in fact,. this is going to be abandoned and we are not going to <br />have a public access easement constructed, there is no need to <br />hold this letter of credit and we can release that right now. <br />It was determined that no one else wished to be heard, and <br />the Chairman closed the public hearing. <br />ON MOTION by Commissioner Eggert, SECONDED by Com- <br />missioner Scurlock, the Board unanimously (4-0) <br />adopted Resolution 89-77 abandoning the subject <br />R/W as recommended by staff, with Condition #1 to <br />remain the same; Condition #2 to be modified to <br />have the limited access point 800 to 1,000' north <br />of the entrance road, and Conditions #3 and #4 to <br />be deleted. <br />RESOLUTION NO. 89-77 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, <br />ABANDONMENT AND VACATION OF ALL OF AN UNNAMED ROAD <br />RIGHT-OF-WAY LYING IN GOVERNMENT LOT 4, SECTION 23, <br />TOWNSHIP 31, RANGE 39 EAST RUNNING ROUGHLY PERPENDICULAR <br />TO A.I.A. <br />WHEREAS, on November 28, 1988, the County received a duly <br />executed and documented petition from Bruce Barkett, 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 all of an unnamed road right-of-way lying <br />in Government Lot 4, Section 23, Township 31, Range 39 east <br />running westerly from A.I.A., lying and being in Indian River <br />County, Florida. <br />WHEREAS, in accordance with Florida Statutes 5336.10 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 continu- <br />ity 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 COMMIS- <br />SIONERS OF INDIAN RIVER COUNTY, FLORIDA that: <br />48 <br />