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�`g� ''% "�989 79 POOK <br />A 1 �'�vE V42 <br />-UG O XRESOLUTION NO. 89 - <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 92ND COURT AND 21ST STREET, SAID LANDS <br />LYING IN INDIAN RIVER COUNTY, FLORIDA. <br />WHEREAS, on March 9, 1989 the County received a duly executed <br />and documented petition from- John N. Fountain of Rockledge, <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 portions of 92nd Court and 21st Street, said <br />lands lying in Indian River County, 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 the County and the public in <br />and to that certain right-of-way being known more particularly <br />described as: <br />All of 21st Street between the East line of Blocks R and <br />S and the East line of 92nd Drive (128th Avenue as shown on <br />the plat of Paradise Park Unit No. 3 recorded in the Public <br />Records of Indian River County, Florida in plat Book 4 Page <br />34.) <br />Lying in Indian River County, Florida. - <br />The East 35 feet of Tract 7 in Section 3, Township 33 <br />South, Range 38 East, of the Indian River Farms Company plat, <br />as shown on the plat of Paradise Park Unit No. 3, recorded in <br />Plat Book 4 Page 34 of the Public Records of Indian. River <br />County, Florida, LESS and EXCEPT that part lying within the <br />right-of-way of the Interstate 95 - SR 60 interchange, the <br />said 35 -foot strip more fully described as follows: <br />Begin at the Northwest corner of the said Tract 7 and <br />run Southerly, along the East line of the said tract, a <br />distance of 1109.59 feet to a point in the North line of a <br />60 -foot wide service road lying North of and adjacent to the <br />limited -access right-of-way of the Interstate 95 - SR 60 <br />interchange. Then run <br />Northwesterly along the said right-of-way on an interior <br />angle of 56045' to the left, a distance of 41.85 feet to a <br />point. Then run <br />Northerly, on a line parallel with and 35 feet measured <br />normal to the first course here described, a distance of <br />1086.64 feet more or less to a point in the North line of <br />Tract 7. Then run <br />Easterly along the North line of Tract 7 a distance of <br />35 feet to the POINT OF BEGINNING. <br />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 width be retained (as described above) and this <br />easement is reserved in perpetuity unto the County and the Public <br />and shall not be deemed to have been closed or abandoned in any <br />way by this resolution. <br />