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J <br />1. That a drainage and utility easement be retained over the <br />entire portion of the right-of-way to be abandoned. <br />RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners abandon the <br />county's right-of-way interest to the north, 10' of this portion of <br />10th Street, and that the Chairman of the Board of County <br />Commissioners be authorized to execute the attached resolution <br />(attachment #3) with the following condition: <br />The Chairman opened the public hearing and asked if anyone <br />wished to be heard in this matter. <br />Robin Lloyd, attorney for Jeffrey and Lisa Abernethy, conveyed <br />that this is a good example of citizens working with County staff. <br />The original request was for the County to abandon the entire <br />right-of-way. However, partial abandonment will accomplish his <br />clients' objective. <br />It was determined that no one else wished to be heard and the <br />Chairman closed the public hearing. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Tippin, the Board unanimously adopted <br />Resolution 93-64, providing for the closing, <br />abandonment, vacation and discontinuance of a <br />portion of 10th Street between 22nd Avenue and 24th <br />Avenue, as recommended by staff. <br />RESOLUTION NO. 93-64 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, <br />ABANDONMENT,. VACATION AND DISCONTINUANCE OF A PORTION OF <br />10TH STREET BETWEEN 22ND AVENUE AND 24TH AVENUE SAID LAND <br />LYING IN INDIAN RIVER COUNTY, FLORIDA <br />WHEREAS, on December 21, 1992 Indian River County received a <br />duly executed and documented petition from Robin Lloyd, Esquire, of <br />Vero Beach, Florida, requesting the County to close, vacate, <br />abandon, discontinue, renounce and disclaim any right, title and <br />.interest of the County and the public in and to a portion of 10th <br />Street.between 22nd Avenue and 24th Avenue, said lands lying in <br />Indian River County, Florida. <br />WHEREAS, in accordance with Florida Statutes 336.10, notice of <br />a public hearing to consider said petition has been duly published; <br />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 right-of-way is <br />21 <br />VI1 i93 BOOK 9 FruF 25 <br />