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RESOLUTION NO. 95- 65 <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 />47TH STREET BETWEEN 39TH AVENUE AND 40TH AVENUE SAID LAND <br />LYING IN INDIAN RIVER COUNTY, FLORIDA <br />WHEREAS, on March 7, 1995 Indian River County received a duly <br />executed and documented petition from Delois Buckner of Vero Beach, <br />Florida, requesting that the County closevacate, abandon, <br />discontinue, renounce and disclaim any right, title and interest of <br />the County and the public in and to a portion of 47th Street <br />between 39th Avenue and 40th Avenue, said lands lying in Indian <br />River County, Florida. <br />WHEREAS, in accordance with Florida Statutes 336.10, notice of <br />a public hearing to consider said petition was duly 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 the subject <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 continuity <br />of 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 as: <br />Begin at the Northwest corner of Lot 5, Block 4 of <br />Pineview Park, Unit 2 as shown on the plat thereof <br />recorded in Plat Book 7, Page 44 of the Public Records of <br />Indian River County, Florida, and run <br />On the extension northerly of the West line of the said <br />Lot 5 a distance of 5 feet. Then run <br />Easterly, parallel with the North line of Lot 5, a <br />distance of 60 feet to the Northerly extension of the <br />East line of Lot 5. Then run <br />Southerly, along the extension, a distance of 5 feet to <br />the Northeast corner of Lot 5. <br />Westerly, along the North line of Lot 5, a distance of 60 <br />feet to the POINT OF BEGINNING. <br />Lying in Indian River County, Florida. <br />is hereby forever closed, abandoned, vacated, discontinued, <br />renounced and disclaimed. <br />2. The closing, vacation, abandonment, discontinuance and <br />disclaimer of this public right-of-way is in the best <br />interests of the public. <br />3. Notice of the adopting of this resolution shall be forthwith <br />published once within thirty (30) days from the date of <br />adoption hereof; and <br />4. This abandonment is conditional upon the petitioner executing <br />a drainage and utility easement for the above referenced 5' <br />strip, prior to the recording of this resolution. Said <br />easement to be recorded immediately following the recording of <br />this resolution. <br />iCdith40 41 — <br />COUNTY ATTARNilY'S ORFIcq <br />INDIAN RIVER COUNTY <br />1840 25th Shoot <br />Vero Bach, Florida 32960 <br />1 <br />