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RESOLUTION NO. 89-016 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS <br />INDIAN. RIVER COUNTY, FLORIDA, PROVIDING FOR <br />CLOSING, ABANDONMENT AND VACATION OF A PORTION <br />THE CANAL AND ROAD RIGHTS-OF-WAY AS SHOWN ON <br />PLAT. OF THE FELLSMERE FARMS COMPANY SUBDIVISION <br />RECORDED IN PLAT BOOR 2, PAGE 8 PUBLIC RECORDS <br />ST. LUCIE COUNTY, SAID LANDS NOW LYING AND BEING <br />INDIAN RIVER COUNTY, FLORIDA. <br />OF <br />THE <br />OF <br />THE <br />AS <br />OF <br />IN <br />WHEREAS, on November 28, 1988, the County received a duly <br />executed and documented petition from Steve Henderson, Esquire of <br />Vero .Beach, Florida, requesting the County to close, vacate, <br />abandon and disclaim any right, title and interest of the County <br />and the public in and to a portion of the canal and road <br />rights-of-way as shown on the plant of the Fellsmere Farms Company <br />Subdivision as recorded in Plat Book 2, Page 8 Public Records of <br />St. Lucie County, said lands now lying and being in Indian River <br />County, Florida. <br />WHEREAS, in accordance with Florida Statutes S336.10, 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 <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 <br />continuity of the County's street and thoroughfare network, nor <br />access to any 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 />Exhibit "A" <br />is hereby forever closed, abandoned, vacated, surrendered, <br />discontinued, remissed and released. <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 <br />Statues 5336.10 in the Official Record Books of Indian River <br />County without undue delay. <br />The foregoing resolution was offered by Commissioner 4gg@,__ <br />who moved its adoption. The motion was seconded by Commissioner <br />'scurlock , and upon being put to a vote, the vote was as follows: <br />Chairman Gary C. Wheeler Aye <br />Vice -Chairman Carolyn K. Eggert Aye <br />Commissioner Don C. Scurlock, Jr. Aye <br />Commissioner Margaret C. Bowman Aye <br />Commissioner Richard N. Bird Aye <br />