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t RESOLUTION NO. 88 - 39 RESOLUTION OF THE BOARD OF COUN'T'Y COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF ALI, OF THAT PORTION OF 121ST AVENUE BETWEEN 22ND STREET AND TRACT 5 AS SHOWN ON A PLAT OF PARADISE PARK UNIT #2 RECORDED IN PLAT BOOK 3, PAGE 77 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 121ST AVENUE NOW KNOWN AS 89TH DRIVE. WHEREAS, on April 26, 1988, the County received a duly executed and documented petition from Frank Perone requesting the County to close, vacate, abandon, and disclaim any right, title and interest of the County and the public in and to close, vacate, abandon, disclaim any right, title and interest of the County and the public in and to all that portion of 121st Avenue between 22nd Street and Tract 5 as shown on a plat of Paradise Park Unit #2 recorded in Plat Book 3, Page 77 of the Public Records of Indian River County, Florida. 121st Avenue now known as 89th Drive. WHEREAS, in accordance with Florida Statutes §336.10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right- of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title, and interest of the County and the public in and to that certain right-of-way being known more particularly described as: All of that portion of 121st Avenue between 22nd Street and Tract 5 as shown on a plat of Paradise Park Unit #2 recorded in Plat Book 3, Page 77 of the Public Records of Indian River County, Florida. Subject to a 20 foot -wide easement lying 10 feet on either side of the centerline of the said street. Lying in Indian River County, Florida. is hereby forever closed, abandoned, vacated, surrendered, discontinued, remissed and released, with the exception that a 20' wide utilities and drainage easements be retained as described above, and this easement is reserved in perpetuity unto the County and the Public and shall not be deemed to have been closed or abandoned in any way by this resolution. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes §336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote as as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Gary C. Wheeler dye Commissioner Richard N. Bird Xye�" Commissioners Carolyn K. Eggert �Cye Commissioner Margaret C. Bowman