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3120230038078 <br />RECORDED IN THE PUBLIC RECORDS OF <br />JEFFREY R SMITH, CLERK OF COURT <br />RESOLUTION 2023- 041 DIAN RIVER COUNTY FL <br />BK: 3638 PG: 2269 Page 1 of 18 7/26/2023 2:55 PM <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, <br />ABANDONMENT, VACATION AND DISCONTINUANCE OF A PUBLIC <br />ACCESS EASEMENT LOCATED IN INDIAN RIVER COUNTY, FLORIDA. <br />WHEREAS, Indian River County originally received a duly executed and documented <br />petition from Pulte Homes Company, LLC, requesting that the County close, vacate, abandon, <br />discontinue, renounce and disclaim any right, title and interest of the County and the public in and <br />of the public access easement described in the Official Records of Indian River County, Book <br />2067, Page 1140 located in Indian River County, Florida.; and <br />WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to <br />consider said petition was duly published; and <br />WHEREAS, after consideration of the petition, supporting documents, staff investigation <br />and report, and testimony of all those interested and present, the Board finds that the subject public <br />access easement is not necessary for continuity of the County's street and thoroughfare network, <br />and does not provide exclusive access to any private property. <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 the public in and to that certain right-of-way <br />segment more particularly described as follows: <br />A PUBLIC ACCESS EASEMENT OVER A PORTION OF SECTIONS 28 AND 33. <br />TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, <br />SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: <br />COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 6, <br />SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, <br />FLORIDA; SAID POINT BEING THE POINT OF BEGINNING; THENCE RUN N <br />00020'28"W ALONG THE WEST LINE OF THE AFORESAID GOVERNMENT LOT <br />6 A DISTANCE OF 44.32 FEET; THENCE LEAVING THE AFORESAID WEST LINE <br />OF THE AFORESAID GOVERNMENT LOT 6 RUN N 44°46'01 "E A DISTANCE OF <br />143.58 FEET; THENCE CONTINUE N 44'46'01"E A DISTANCE OF 398.18 FEET TO <br />A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 115.00 <br />FEET THRU A CENTRAL ANGLE OF 22023.11 AND RUN AN ARC DISTANCE OF <br />44.93 FEET; THENCE RUN N 67°09'12"E A DISTANCE OF 24.87 FEET TO A POINT <br />ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 23.00 FEET THRU <br />A CENTRAL ANGLE OF 89046'18" AND RUN AN ARC DISTANCE OF 36.04 FEET <br />TO A POINT ON A REVERSE CURVATURE TO THE RIGHT HAVING A RADIUS <br />OF 1053.00 FEET THRU A CENTRAL ANGLE OF 05009'01" AND RUN AN ARC <br />DISTANCE OF 94.65 FEET: THENCE RUN N 17°28'05"W A DISTANCE OF 51.72 <br />FEET: THENCE RUN N 22016'54"W A DISTANCE OF 95.34 FEET: THENCE RUN N <br />17028'05"W A DISTANCE OF 17.46 FEET TO A POINT ON A CURVE CONCAVE TO <br />THE LEFT HAVING A RADIUS OF 239.00 FEET THRU A CENTRAL ANGLE OF <br />