7/2/1991 - Laserfiche WebLink

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J U L 2 1991 BOOK S. FA -E POE Chairman Bird inquired if there is any cost involved in the requested abandonment as he had always felt it was a pretty good windfall to the adjoining property owners. Director Boling advised that there is a $500 filing fee. Chairman Bird asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) approved Resolution 91-72 providing for the abandonment of 78th Court between 134th and 135th Streets in Roseland. RESOLUTION NO 91- 72 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF 78TH COURT BETWEEN 134TH STREET .AND 135TH STREET IN ROSELAND. SAID LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on- February 19, 1991 the County received a duly executed and documented.. petition from Roland and Marion Baur of Roseland Florida, requesting the County to close, vacate, abandon and disclaim any right, title and interest of the County and the public in and to 78th Court between 134th Street and 135th Street, said lands lying in Indian River County, Florida. WHEREAS, in accordance with Florida Statutes 336. 10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right; title and interest of the County and the public in and to that certain right-of-way being known more particularly described as: That part of Beech Street (78th Court) lying between Blocks 50 and 52, bounded on the North by Wauregan Avenue (135th Street) on the South by Brevard Avenue (134th Street), according to the plat of the Town of Wauregan, recorded in Plat Book 1, Page 178 of the Public Records of St. Lucie County, Florida; now lying in Indian River County, Florida, is hereby forever closed, abandoned, vacated, surrendered, discontinued, remised and released, with the exception that a drainage and utilities easement be retained over the entire right-of-way, and this easement is reserved in perpetuity unto the County and the Public and shall not be deemed to have been closed or abandoned in any way by this resolution. 32