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<br />386481
<br />nc `] v RESOLUTION ",4-23
<br />STAMPS RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
<br />COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND
<br />INTANG VACATION OF THAT PORTION OF 5TH STREET LYING WEST OF THE WEST
<br />RIGHT-OF-WAY LINE OF 38TH AVENUE WHICH IS LOCATED IN CLE14ANN
<br />ESTATES SUBDIVISION, UNIT 1, AND RESERVING UNTO THE COUNTY TWO
<br />(2) EASEMENTS FOR UTILITY PURPOSES.
<br />WHEREAS, on December 5, 1983, the County received a
<br />duly executed and documented petition from Ronald and Tammy
<br />Meeks of 505 38th Avenue, Vero reach, Florida; requesting the
<br />County to close, vacate, abandon, and disclaim any right,
<br />title, and interest of the County and the public in and to all
<br />that portion of 5th Street lying west of the west right-of-way
<br />line of 38th Avenue as recorded in Plat Book 3, Page 63.
<br />WHEREAS, in accordance with Florida Statutes 5
<br />336.10, notice of a public hearing to consider said petition
<br />has been duly published; and
<br />i
<br />\� WHEREAS, after consideration of the petition, suppor-
<br />ting documents, staff investigation and report, and testimony
<br />of all those interested and present, the Board finds that said
<br />right-of-way is not a state or federal highway, nor located
<br />within 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; with the sole exception
<br />\ that said right-of-way is deemed necessary for utility purposes
<br />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 5th
<br />Street (Avocado Street), which lies west of the west
<br />right-of-way line of 38th Avenue as recorded in Plat Book 3,
<br />Page 63, of the Public Records of Indian River County, Florida,
<br />is hereby forever closed, abandoned, vacated, surrendered,
<br />discontinued, remised and released with the exception that the
<br />following described utility easements are hereby reserved in
<br />perpetuity unto the County and the public and shall not be
<br />deemed to have been closed or abandoned .in any way by this
<br />resolution:
<br />An easement for utility purposes being 10.00
<br />feet in width, described as follows:
<br />The West 10.00 feet of Avocado Street (also
<br />known as 5th Street) as shown on the Plat of
<br />Clemann Estates Unit 1 as recorded in Plat Book
<br />3, Page 63, of the Public Records of Indian
<br />River County, Florida.
<br />AND ALSO
<br />An easement for utility purposes being 10.00
<br />feet in width, described as follows:
<br />That strip of land being 10.00 feet in width
<br />whose North line is the South line of Lot 1
<br />Block "A", whose East line is the Westerly
<br />right- of -way line of 38th Avenue, and whose
<br />West line is the East line of the West 10 acres
<br />of Tract 6, Section 15, Township 33 South, Range
<br />39 East, Indian River. County, Florida all as
<br />shown on the Plat of Clemann Estates Unit 1, as
<br />recorded in Plat Book 3, Page 63 of the Public
<br />Records of Indian River County, Florida.
<br />donK 0688 FA6E 2 5 b 0
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