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10/30/2020 3:36:04 PM
Providing For the Closing, Abandonement & Vacation of a Portion of 4th PL
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- RESOLUTION NO. 90-22 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDON- <br />MENT, AND VACATION OF A PORTION OF 4TH PLACE, SAID LANDS <br />LYING IN INDIAN RIVER COUNTY, FLORIDA. <br />WHEREAS, on March 28, 1989 the County received a duly execut- <br />ed and documented petition from Dean Luethje as agent for Public <br />Gas, requesting the County to close, vacate, abandon and disclaim <br />any right, title and interest of the County and the public in and <br />to a portion of 4th Place lying between U.S. #1 and the FEC <br />Railroad, said lands lying in Indian River County, Florida. <br />WHEREAS, in accordance with Florida Statutes 5336.10, 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, is not located <br />within any municipality, and a portion of the 4th Place <br />right-of-way is not necessary for continuity of the County's <br />street and thoroughfare network, or for access to any given <br />private property. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- <br />SIONERS 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 know more particularly <br />described as: <br />A 50 foot wide road right-of-way of 4th Place, lying West of <br />State Road 5, (U.S. Highway No. 1) West right-of-way line as <br />of February 20 , 1990, and East of the Florida East <br />Coast Railway East right-of-way line as of February 20 <br />1990. The centerline of which is more particularly described <br />as follows: <br />Commencing at the Northwest corner of the Southeast <br />one-quarter of the Northeast one-quarter of Section 13, <br />Township 33 South, Range 39 East run Southerly along the West <br />line of said Southeast one-quarter of Northeast one-quarter a <br />distance of 668.88 feet to a point on the said East <br />right-of-way line of the Florida East Coast Railway; thence <br />run Southeasterly along said East right-of-way a distance of <br />351.24 feet to the centerline of aforesaid 4th Place and <br />Point of Beginning; thence run Easterly and parallel to the <br />South boundary line of the North one-half of the South <br />one-half of aforesaid Southeast one-quarter of the Northeast <br />one-quarter a distance of 126.73 feet to the aforesaid West <br />right-of-way line of State Road Number 5 (U.S. Highway No. 1) <br />and point of ending. <br />Said land lying in Indian River County, Florida. <br />is hereby forever closed, abandoned, vacated, surrendered, <br />discontinued, remissed and released, with the following reser- <br />vations: <br />a. an above ground utility easement be retained (over the <br />rights-of-way being abandoned as described above) and <br />this easement is reserved in perpetuity unto the County <br />and the Public and shall not be deemed to have been <br />closed or abandoned in any way by this resolution; <br />b. the east 50' as described above and measured normal to <br />the west right-of-way of U.S. #1 Highway is reserved in <br />perpetuity unto the County and the Public for road <br />right-of-way and shall not be deemed to have been closed <br />or abandoned in any way by this resolution; <br />C. a 20' wide easement, centered in the center of the <br />existing right-of-way is reserved in perpetuity unto the <br />
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