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L_T.
<br />8009 FAc '/4,S
<br />RESOLUTION NO. 90- 159
<br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
<br />RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
<br />ABANDONMENT, AND VACATION OF 44TH STREET WEST OF 35TH
<br />AVENUE AS SHOWN ON THE PLAT OF NORTH GIFFORD HEIGHTS
<br />SUBDIVISION, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE
<br />PUBLIC RECORDS OF INDIAN RIVER COUNTY. SAID LAND LYING
<br />IN INDIAN RIVER COUNTY, FLORIDA.
<br />WHEREAS, on July 6, 1990 the County received a duly executed
<br />and documented petition from Maria Stewart, 4401 35th Avenue, Vero
<br />Beach, Florida, requesting the County to close, vacate, abandon,
<br />And disclaim any right, title and interest of the County and the
<br />public in and to 44th Street west of 35th Avenue, said lands lying
<br />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 right-of-
<br />way is not a state of federal highway, nor -located within any
<br />municipality, no.is said right-of-way necessary for continuity of
<br />the County.!s street and thoroughfare network, nor access to any
<br />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 />That portion of an unnamed street lying west of the west right-
<br />of-way of McGriff Road, south of Lot 12 Block 2, north of Lot 1,
<br />Block 4, as shown on the plat of North Gifford Heights, recorded
<br />in Plat Book 3, Page 51 of the Public Records of Indian River
<br />County, Florida. The unnamed street is now known as 44th Street.
<br />McGriff Road is now known as 35th Avenpe.
<br />Lying in.Indian River County, Florida.
<br />is hereby forever closed, abandoned, vacated, surrendered,
<br />discontinued, remissed and released, with the exception that a 40'
<br />wide drainace and utilities easement centered in the richt-of-wav
<br />is to be retained, and this easement is reserved in perpetuity unto
<br />the County and the Public and shall not be deemed to have been
<br />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 Statues
<br />336.10 in the Official Record Books of Indian River County without
<br />undue delay.
<br />The foregoing resolution was offered by Commissioner
<br />criir10r.k who `moved its adoption. the motion was
<br />seconded by Commissioner Wheeler , and upon being
<br />put to a vote, the vote was as follows: -
<br />Chairman Carolyn K. Eggert Aye
<br />Vice Chairman Richard N. Bird Absent
<br />Commissioner Don C. Scurlock, Jr. Aye
<br />Commissioner Margaret C. Bowman Aye
<br />Commissioner Gary C. Wheeler Aye
<br />The Chairman thereupon declared the resolution duly passed and
<br />adopted this 23 day of October , 1990.
<br />BOARD OF COUNTY COMMISSIONERS
<br />OF INDDIIJAN RAVER COUNTY, -F-LOORRIDA
<br />BY:—
<br />Carolyn/JK.
<br />Y:
<br />Carolyn . Egger ,4Chairman
<br />Board o County C ssioners
<br />
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