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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. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statues 336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Wheeler who moved its adoption. The motion was seconded by Commissioner Eggert , and upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Absent Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of July, 1991.