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RESOLUTION 85-16
<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 6TH STREET LYING WEST OF THE WEST
<br />RIGHT-OF-WAY LINE OF 26TH AVENUE, LOCATED IN HALLMARK HOMES
<br />SUBDIVISION, AND RESERVING UNTO THE COUNTY EASEMENTS FOR
<br />DRAINAGE AND UTILITY PURPOSES.
<br />WHEREAS, on November 29, 1984, the County received a
<br />duly executed and documented petition from Janet Waleski of 605
<br />26th Avenue, Vero Beach, Florida; requesting the County to
<br />close, vacate, abandon, and disclaim any right, title, and
<br />interest of the County and the public in and to all that
<br />portion of 6th Street lying west of the west right-of-way line
<br />of 26th Avenue in the Hallmark Homes Subdivision, as recorded
<br />03 in Plat Book 7, Page 9; and
<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 testi-
<br />mony of all those interested and present, the Board finds that
<br />said right-of-way is not a state or federal highway, nor
<br />located within any municipality, nor is said right-of-way
<br />necessary for continuity of the County's street or thoroughfare
<br />network, nor access to any given private property; with the
<br />sole 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 6th
<br />Street, which lies west of the west right-of-way line of 26th
<br />Avenue, as shown in the Hallmark Homes Subdivision, as recorded
<br />in Plat Book 7, Page 9, of the Public Records of Indian River
<br />County, Florida, is hereby forever closed, abandoned, vacated,
<br />surrendered, discontinued, remised, and released with the
<br />exception that the following described drainage and utility
<br />easements are hereby reserved in perpetuity unto the County and
<br />the public and shall not be deemed to have been closed or
<br />abandoned in any way by this resolution:
<br />The south 10 feet of the west 100 feet and the west
<br />12 feet of the south 35 feet of the following de-
<br />scribed parcel of land:
<br />The west 260 feet of the east 10.46 acres of the west
<br />20.46 acres of tract 4, Section 14, Township 33
<br />South, Range 39 East, Indian River County, Florida.
<br />2. Notice of adoption of this resolution shall be
<br />forthwith published once within thirty (30) days from
<br />the date of adoption hereof; and
<br />3. The Clerk is hereby directed to record this resolu-
<br />tion together with the proofs of publication required
<br />by Florida Statutes § 336.10 in the Official Record
<br />Books of Indian River County without undue delay.
<br />The foregoing resolution was offered by Commissioner
<br />Scurlock
<br />who moved its adoption. The motion
<br />was seconded by Commissioner IVcdtke and, upon
<br />being put to a vote, the vote was as follows:
<br />
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