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RESOLUTION NO. 88 - 34 <br />Illi RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />�I INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, <br />ABANDONMENT AND VACATION OF ALL OF THAT PORTION OF <br />120TH AVENUE BETWEEN 22ND STREET AND TRACT 5 AS SHOWN ON <br />111 A PLAT OF PARADISE PARK UNIT #2 RECORDED IN PLAT BOOK 3, <br />�I PAGE 77 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, <br />FLORIDA. 120TH AVENUE NOW KNOWN AS 89TH COURT. <br />WHEREAS, on February 23, 1988, the County received a duly <br />executed and documented petition from Randy Pensch, 8925 22nd <br />Street, Vero Beach, Florida requesting the County to close, <br />vacate, abandon, and disclaim any right, title and interest of the <br />County and the public in and to all that portion of 120th Avenue <br />between 22nd Street and Tract 5 as shown on a plat of Paradise <br />Park Unit #2 recorded in Plat Book 3, Page 77 of the Public <br />Records of Indian River County, Florida. 120th Avenue now known <br />as 89th Court. <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 <br />continuity of the County's street and thoroughfare network, nor <br />access to any given private property. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: <br />1. All right, title, and interest of the County and the public <br />in and to that certain right-of-way being known more particularly <br />described as: <br />All of 120th Avenue Between 22nd Street and Tract 5 as <br />shown on a plat of Paradise Park Unit No. 2 recorded in <br />Plat Book 3, Page 77 of the Public Records of Indian <br />River County, Florida. 120th Avenue is now known as <br />89th Court. Lying and being in Indian River County, <br />Florida. <br />is hereby forever closed, abandoned, vacated, surrendered, <br />discontinued, remissed and released, with the exception that a 15' <br />wide utilities easement be retained as described in Exhibit A, and <br />this easement is reserved in perpetuity unto the County and the <br />Public and shall not be deemed to have been closed or abandoned in <br />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 />Statutes 5336.10 in the Official Record Books of Indian River <br />County without undue delay. <br />The foregoing resolution was offered by Commissioner Bird <br />who moved its adoption. The motion was seconded by Commissioner <br />Eggert , and upon being put to a vote, the vote as as follows: <br />Chairman Don C. Scurlock, Jr. Aye <br />Vice -Chairman Gary C. Wheeler Aye <br />Commissioner Richard N. Bird Aye <br />Commissioners Carolyn K. Eggert Aye <br />Commissioner Margaret C. Bowman Aye <br />