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AUG sll�l '06-9 <br />nv 1 7 FA - 534 <br />RESOLUTION NO. 89 - 1� <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR <br />THE CLOSING, ABANDONMENT, AND VACATION OF A <br />PORTION OF 31ST AVENUE, BETWEEN 6TH STREET S.W. <br />AND 5TH STREET S.W., SAID LANDS LYING IN INDIAN <br />RIVER COUNTY, FLORIDA. <br />WHEREAS, on March 7, 1989 the County received a duly executed <br />and documented petition from Thomas Aldrich of Vero Beach, <br />Florida, requesting the County to close, vacate, abandon and <br />disclaim any right, title and interest of the County and the <br />public in and to a portion of 31st Avenue between 6th Street S.W. <br />and 5th Street S.W., said lands lying in Indian River County, <br />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 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 hat: <br />1: All right, title and interest of thCounty and the public in <br />and to that certain right-of-way bein; known more particularly <br />described as: <br />All of that part of 31st Avenue (351wide) lying West of Lots <br />7, 8, 9 and 10 in Block D of Emerson Vit as, according to the plat <br />recorded in Plat Book 3 -Page 52 of the Public Records of Indian <br />River County, Florida. <br />Said land lying in Indian River County, Florida. <br />is hereby forever closed, abandoned, vacated, surrendered, <br />discontinued, remissed and released, with the exception that the <br />entire right-of-way be retained as drainage and utilities easement <br />(as described. above) and this easement is reserved in perpetuity <br />unto the County and the Public and shall not be deemed to have <br />been closed 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 />The foregoing resolution was offered by Commissioner Scurloc <br />who moved its adoption. The motion was seconded by Commissioner <br />Eggert , and upon being put to a vote, the vote was as follows: <br />Chairman Gary C. Wheeler Aye <br />Vice -Chairman Carolyn K. Eggert Aye <br />Commissioner Richard N. Bird Aye <br />Commissioner Margaret C. Bowman Aye <br />Commissioner Don C. Scurlock, Jr. Aye <br />The Chairman thereupon declared the resolution duly passed <br />and adopted .this 8th day of August , 1989. <br />BOARD OF COUNTY COMMISSIONERS <br />OF IND�I�AN RIVER COUNTY, FLORIDA <br />Gary C wheeler, Chairman <br />Board f County Commissioners <br />