t; RESOLUTION NO.` 89 39
<br />k �7 i
<br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS `
<br />OF INDIAN ,RIVER COUNTY, FLORIDA, PROVIDING FOR 3
<br />THE CLOSING, ABANDONMENT, AND VACATION OF 85TH
<br />PLACE BETWEEN C.R. 510 AND 46TH AVENUE, SAID
<br />LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA.
<br />WHEREAS, on February 9, 1989 the County received a duly
<br />executed and documented petition from RAY SMITH, Vero Beach,
<br />Florida, requesting the County to close, vacate, abandon and
<br />disclaim any right, title and interest of the County and the
<br />public in and to 85TH PLACE BETWEEN C.R. 510 AND 46TH AVENUE, said
<br />lands lying in Indian River County, Florida.
<br />WHEREAS, in accordance with Florida Statutes 5336.10, notice
<br />of a public hearing
<br />published; and to consider said petition has been duly
<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 />i' right-of-way is not a state or federal highway, nor located within
<br />any municipality, nor is said right-of-way necessary for continu-
<br />ity of the County's street and thoroughfare network, nor access to
<br />any given 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 known more particularly
<br />described as:
<br />Poinsettia Boulevard, as shown on the replat of Weona
<br />Park recorded in the Public Records of Indian River County,
<br />Florida in Plat Book 2 Page 17, from the West line of Sunrise
<br />Street to the Southeast right-of-way of SR No. 510 (as shown
<br />on Exhibits A and B attached, the map entitled "Right -of -Way
<br />Map State Road No. 510, Indian River County, Florida" Section
<br />88050-2504, Sheet 1 of- 1, and that map's title Block,
<br />is hereby forever closed,. abandoned, vacated, surrendered,
<br />discontinued, remissed and released, with the exception that a 35'
<br />wide drainage and utilities easement centered along the centerline
<br />'of said street be retained and this easement is reserved in
<br />perpetuity unto the County and the public and shall not be deemed
<br />to have been closed or abandoned in any way by this resolution.
<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 Scurlock
<br />who moved its adoption. The motion was seconded by Commissioner
<br />E¢tzert , 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 />The Chairman thereupon declared the resolution duly passed
<br />and adopted this 25th day of April , 1989.
<br />BOARD OF COUNTY COMMISSIONERS
<br />OF INDIAN RIVER COUNTY, FLORIDA