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RESOLUTION 83-64
<br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
<br />COUNTY, FLORIDA PROVIDING FOR THE CLOSING, ABANDONMENT, AND
<br />VACATION OF 17TH STREET BETWEEN 43RD AND 44TH AVENUES, AND
<br />RESERVING UNTO THE COUNTY AN EASEMENT FOR DRAINAGE AND UTILITY
<br />PURPOSES.
<br />WHEREAS, on January 17, 1983, the County received a
<br />duly executed and documented petition from Dena Lysne Rockey of
<br />P.O. Box 2103, Valdosta, Georgia: Lynn Ann Lysne, of P.O. Box
<br />270.1, Vero Beach, Florida; William E. Orth, Jr., of 1650 44th
<br />Avenue, Vero Beach, Florida; and James N. Orth, of 6815 49th
<br />Street, Vero Beach, Florida, 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 17th
<br />Street lying between 43rd and 44th Avenues as dedicated by
<br />Margaret Clemann in Deed Book 74, Page 178.
<br />WHEREAS, in accordance with Florida Stat,tes S 336.10,
<br />notice of a public hearing to consider said petition has been
<br />duly published; and
<br />WHEREAS, after consideration of the petition,
<br />supporting documents, staff investigation and report, and
<br />testimony of all those interested and present, the Board finds
<br />that said right-of-way is not a sta'..e or federal highway, nor
<br />located within any municipality, nor is said right-of-way
<br />necessary for continuity of the County's street and thoroughfare
<br />network, nor access to any given private property; with the sole
<br />exception that said right -of. -way is deemed necessary for
<br />drainage and utility purposes as reserved below.
<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
<br />the public in and to that certain right-of-way known as 17th
<br />Street, which lies between 43rd Avenue and 44th Avenue as
<br />recorded in Deed Book 74,'Page 178, of the Public Records of
<br />Indian River County, Florida, is hereby forever closed,
<br />abandoned, vacated, surrendered, discontinued, remised and
<br />released with the exception that the following described
<br />drainage and utility easement is hereby 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 />An easement being 30' in width being 15' on either
<br />side of the center line of the extension of. the
<br />17th Street right-of-way, described as follows:
<br />From the Southeast corner of Tract 16, same being
<br />the Southeast corner of Section 4, Township 33
<br />South, Range 39 East as shown on the last General
<br />Plat of Lands of the Indian River Farms Company and
<br />recorded in Plat Book 2, page 25, Public Records of
<br />St. Lucie County, Florida, run West along the South
<br />line of. said Tract 16 a distance of 40 feet; Thence
<br />run North and along the West right-of-way of 43rd
<br />Avenue a distance of 635.43 feet to the point of
<br />beginning; Thence run West a distance of 285.5 feet
<br />to a point on the West line of the East 10 acres of
<br />said Tract 16, said point lying 630.51 feet North
<br />of the Southwest corner of said East 10 acres; Thence
<br />run North along the West line of said 10 Acres a
<br />distance of 30 feet; Thence run East a distance of
<br />285.5 feet to the West right-of-way of 43rd Avenue;
<br />Thence run South along said right -of. -way a distance
<br />of 30 feet to the point of beginning.
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