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1984-050
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4/20/2023 3:18:13 PM
Creation date
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Resolutions
Resolution Number
1984-052
Approved Date
07/18/1984
Subject
Abandoning portion of 40th Ave. beginning at the South R/W line of 14th Street
& extending 60' to the South, with the provision that an easement for the existing
utilities would be excepted & reserved
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300236 <br />RESOLUTION 84-50 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND <br />VACATION OF THAT PORTION OF 40TH AVENUE BEGINNING AT THE SOUTH <br />RIGHT-OF-WAY LINE OF 14TH STREET AND EXTENDING 60 FEET TO THE <br />SOUTH, AND RESERVING UNTO THE COUNTY A 10 FOOT WIDE EASEMENT <br />FOR UTILITY PURPOSES. <br />w WHEREAS, on June 6, 1984, the County received a duly <br />executed and documented petition from the residents of 40th <br />Avenue between 12th Street and 14th Street, Vero Beach, <br />Florida, requesting the County to close, vacate, abandon, and <br />disclaim any right, title, and interest of the County and the <br />public in and to that portion of 40th Avenue beginning at the <br />south right-of-way line of 14th Street and extending 60 feet to <br />the south. <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, sup- <br />porting documents, staff investigation and report, and testimo- <br />ny of all those interested and present, the Board finds that <br />said right-of-wav is not a state or +iyiiway, federal := hway <br />, nor <br />located within any municipality, nor is said right-of-way <br />necessary for continuity of the County's street and thorough- <br />fare network, nor access to any given private property; with <br />the sole exception that said right-of-way is deemed necessary <br />for 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 being more <br />particularly described as: <br />I� That portion of 40th Avenue beginning at the south <br />W, right-of-way line of 14th Street and extending 60 <br />feet to the south, <br />is hereby forever closed, abandoned, vacated, surrendered, <br />discontinued, remised, and released excepting an easement for <br />ingress, egress and maintenance of existing utilities, being 5 <br />afeet on either side of the centerline of the 40th Avenue <br />I <br />right-of-way. <br />� 2. Notice of the adoption of this resolution shall <br />be forthwith published once within thirty (30) days from the <br />�F date of adoption hereof; and <br />IS 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 />River County without undue delay. <br />The foregoing resolution was offered by Commissioner <br />Bird who moved its adoption. The motion was <br />seconded by Commissioner Bowman and, upon being <br />put to a vote, the vote was as follows: <br />Chairman Don C. Scurlock, Jr. Aye <br />Vice -Chairman Patrick B. Lyons Absent <br />Commissioner Richard N. Bird Aye <br />Commissioner William C. Wodtke, Jr. Aye <br />Commissioner Maggy Bowman Aye <br />The Chairman thereupon declared the resolution duly <br />passed and adopted this 18th day of. July , 1984. <br />c4-0691 PAGE 112 b <br />
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