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1!n� <br />RESOLUTION Nn 81_124 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND <br />VACATION OF 9TH STREET LYING EAST OF THE EAST RIGHT-OF-WAY LINE <br />a OF 17TH AVENUE LOCATED IN BEL-PORTE PARK SUBDIVISION, AND <br />RESERVING UNTO THE COUNTY AN EASEMENT FOR DRAINAGE PURPOSES. <br />•• <br />WHEREAS, on September 27, 1983, the County received a <br />duly executed and documented petition from Diane and Gerald <br />Resch of 916 17th Avenue, Vero Beach, Florida; Barbara and Karl <br />Hollers, Jr. of 866 17th Avenue, Vero Beach, Florida, <br />requesting the County to close, vacate, abandon, and disclaim <br />any right, title, and interest of the County and the public in <br />and to all that portion of 9th Street lying east of the east <br />right-of-way line of 17th Avenue as recorded in Plat Book 5, <br />Page 22. <br />WHEREAS; in accordance with Florida Statutes § <br />336.10, notice of a public hearing to consider said petition <br />has been 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 state -,r federal highway, nor <br />located within any municipality, nor is said right-of-way <br />necessary for continuity of the County's street and <br />thoroughfare network, nor access to any given private property; <br />with the sole exception that said right-of-way is deemed <br />necessary for drainage 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 9th <br />Street, which lies east of the east right-of-way line of 17th <br />Avenue as recorded in Plat Book 5, Page 22, of the Public <br />Records of Indian River County, Florida, is hereby forever <br />closed, abandoned, vacated, surrendered, discontinued, remised <br />and released with the exception that the following described <br />drainage easement is hereby reserved in perpetuity unto the <br />County and the public and shall not be deemed to have been <br />closed or abandoned in any way by this resolution: <br />An easement being 20' in width being 10' on <br />either side of the centerline of 9th Street, <br />as recorded on the Plat of Bel -Porte Park <br />Subdivision in Plat Book 5, Page 22, Public <br />Records of Indian River County, Florida. <br />2. Notice of the adoption of this resolution shall <br />be forthwith published once within thirty (30) days from the <br />date of adoption hereof; and <br />3. The Clerk is hereby directed to record this <br />resolution together with the proofs of publication required by <br />Florida Statutes §336.10 in the Official Record Books of Indian <br />J <br />River County without undue delay. <br />J <br />The foregoing resolution was offered by Commissioner <br />J Lyons <br />� who moved its adoption. The motion was <br />j seconded by Commissioner Bowman and, upon being put <br />i <br />to a vote, the vote was as follows: <br />Book 0 6 18 Pi;GE 2 14 5 <br />