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y4, 536601
<br />RESOLUTION NO. 88_2
<br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
<br />INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE
<br />CLOSING, ABANDONMENT, AND VACATION OF A 30 FOOT WIDE
<br />MARGINAL ACCESS EASEMENT LYING WITHIN THE OAKLAND
<br />COMMERCIAL PARK SUBDIVISION, LOTS 1 AND 8.
<br />WHEREAS, on November 12, 1987, the County received a duly
<br />executed and documented petition from Robert Simons, P. 0. Box
<br />1393, Vero Beach, Florida 32961, requesting the County to close,
<br />vacate, abandon, and disclaim any right, title, and interest of
<br />the County and the public in and to all that portion of a 30 foot
<br />wide marginal access easement lying within the Oakland Commercial
<br />Park as recorded in Plat Book 12, Page 18 of the Public Records of
<br />Indian River County; and
<br />WHEREAS, in exchange for the aforementioned release of
<br />easement, the owner, Robert Simons has agreed to establish a ten
<br />(10) foot wide pedestrian easement in its place; and
<br />WHEREAS, in exchange for the aforementioned release of
<br />easement, the owner, Robert Simons has also agreed to establish a
<br />five (5) foot limited access easement across the following pro-
<br />perty: The south five (5) feet of the north thirty-five (35) feet
<br />of the west twenty (20) acres of Tract 3, Section 27, Township 33
<br />South, Range 39 East, according to the last general plat of the
<br />lands of the Indian .River Farms Company, as filed in Plat Book 2,
<br />Page 25, Public Records of St. Lucie County, Florida, now Indian
<br />River County, Florida; subject to a sixty (60) foot wide road
<br />access across the afore -described parcel; and
<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 right-of-
<br />way is not a state or federal highway, nor located within any
<br />municipality, nor is said right-of-way necessary for continuity of
<br />the County's street and thoroughfare network, nor access to any
<br />given private property.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
<br />U COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
<br />1. All right, title and interest of the County and the
<br />public in and to that certain right-of-way being known more
<br />particularly described as:
<br />ALL OF THAT CERTAIN 30 FOOT MARGINAL ACCESS EASEMENT
<br />WITHIN THE OAKLAND COMMERCIAL PARK SUBDIVISION, THE PLAT
<br />OF WHICH IS FILED IN PLAT BOOK 12, PAGE 18 OF THE PUBLIC
<br />RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE ALLEY IS
<br />FURTHER DESCRIBED AS LYING ALONG THE ENTIRE NORTHERN
<br />PORTION OF LOTS 1 AND 8 IN SAID SUBDIVISION.
<br />is hereby forever closed, abandoned, vacated, surrendered, dis-
<br />continued, remised and released.
<br />2. Notice of the adoption of this resolution shall be
<br />forthwith published once within thirty (30) days from the date of
<br />adoption hereof; and
<br />3. The Clerk is hereby directed to record this resolution
<br />together with the proofs of publication required by Florida
<br />Statutes §336.10 in the Official Record Books of Indian River
<br />County without undue delay.
<br />0. R. 0788 PG 1178
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