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<br />'SMC "j" 'o980" nor 77 P,1�534
<br />RESOLUTION NO. 89 - _78
<br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
<br />OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
<br />THE CLOSING, ABANDONMENT, AND VACATION OF A
<br />PORTION OF 31ST AVENUE, BETWEEN 6TH STREET S.W.
<br />AND 5TH STREET S.W., SAID LANDS LYING IN INDIAN
<br />RIVER COUNTY, FLORIDA.
<br />WHEREAS, on March 7, 1989 the County received a duly executed
<br />and documented petition from Thomas Aldrich of 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 a portion of 31st Avenue between 6th Street S.W.
<br />and 5th Street S.W., said lands lying in Indian River County,
<br />Florida.
<br />WHEREAS, in accordance with Florida Statutes §336.10, 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 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 t Ile County and the public in
<br />and to that certain right-of-way bein� known more particularly
<br />described as:
<br />All of that part of 31st Avenue (351wide) lying West of Lots
<br />7, 8, 9 and 10 in Block D of Emerson Villas, according to the plat
<br />recorded in Plat Book 3• Page 52 of the Public Records of Indian
<br />River County, Florida.
<br />Said land lying in Indian River County, Florida.
<br />is hereby forever closed, abandoned, vacated, surrendered,
<br />discontinued, remissed and released, with the exception that the
<br />entire right-of-way be retained as drainage and utilities easement
<br />(as described. above) and this easement is reserved in perpetuity
<br />unto the County and the Public and shall not be deemed to have
<br />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 />Eggert , 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 Richard N. Bird Aye
<br />Commissioner Margaret C. Bowman Aye
<br />Commissioner Don C. Scurlock, Jr. Aye
<br />The Chairman thereupon declared the resolution duly passed
<br />and adopted this 8th day of August , 1989.
<br />BOARD OF COUNTY COMMISSIONERS
<br />OF INDIIAN RIVER COUNTY, FLORIDA
<br />BY: .L1Aj9uPiW7�,
<br />Gary C wheeler, Chairman
<br />Board f County Commissioners
<br />
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