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RESOLUTION 85-38 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE <br />VACATION OF THAT PORTION OF OLD SUCAR MILL ESTATES UNIT <br />O TWO SUBDIVISION DESIGNATED AS LOTS 6, 7, AND S AND A <br />PORTION OF 49TH AVENUE RIGHT-OF-WAY. <br />WHEREAS, on February 14, 1985 the County received a <br />request from the owners of the property within the area to <br />be vacated, being Elsebeth M. Sexton, Ralph Waldo <br />Sexton, Charles Randolph Sexton, John R. Tripson, and <br />Barbara S. Tripson, asking that the Board of County <br />Commissioners vacate that portion of Old Sugar Mill Estates <br />Unit Two as recorded in Plat Book 10, Page 62, Public <br />Records of Indian River County, Florida, as described below. <br />WHEREAS, in accordance with Florida Statutes §177.101, <br />notice of a public hearing to consider said request has been <br />duly published; and <br />WHEREAS, after consideration of the request, supporting <br />documents, staff investigation and report, and testimony of <br />all those interested and present, the Board finds that said <br />portion of subject plat is held in fee simple ownership by <br />the applicants, that all back taxes on the subject property <br />have been paid to date, and that vacation of the subject <br />portion of the plat will not affect the ownership or right <br />of convenient access of persons owning other parts of Old <br />Sugar Mill Estates Unit Two subdivision. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: <br />1. That portion of the plat of Old Sugar Mill Estates <br />Unit Two subdivision designated and described as, <br />Begin at the southwest corner of Lot 6, Old Sugar Mill <br />Estates, Unit 2 as recorded in Plat Book 10, Page 62, <br />of the Public Records of Indian River County, Florida. <br />Thence north 890 06' 01" east, a distance of 185.02 <br />feet, thence north 01 53' 59" west, a distance of 87.52 <br />feet to the intersection of 49th Avenue and 13th Place, <br />as shown on said plat of Sugar Mill Estates, Thence due <br />west, a distance of 195.00 feet; thence due west, a <br />distance of 123.60 feet; thence north 740 05' 41" west, <br />a distance of 175.92 feet; thence south 0° 53' 59" <br />east, a distance of 299.48 feet to the POINT OF BEGIN- <br />NING. This described area includes Lots 6, 7, and 8 of <br />said plat and approximately 2 acres of land, lying <br />wholly in Indian River County, Florida, <br />is hereby vacated and said property is hereby returned <br />to unplatted acreage, pursuant to the authority vested <br />in the Board by F.S. 177.101(3). <br />2. Notice of the adoption of this resolution shall be <br />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 resolution <br />together with the proofs of publication required by Florida <br />Statutes 177.101 in the Official Record Books of Indian <br />River County without undue delay <br />The foregoing resolution was offered by Commissioner <br />Scurlock who moved its adoption. The motion <br />was seconded by Commissioner Wodtke and, upon being <br />