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RESOLUTION 2023- 076 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF OCEAN <br />WAY SUBDIVISION, PLAT BOOK 13, PAGE 92, INDIAN RIVER COUNTY, <br />FLORIDA, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, <br />FLORIDA <br />WHEREAS, on May 31, 2023, Indian River County received a duly executed and <br />documented application from Windsor Properties, Inc. requesting that the County vacate the plat of <br />Ocean Way Subdivision recorded in Plat Book 13, Page 92 of Indian River County, Florida, said <br />land lying and being in Indian River County, Florida; and <br />WHEREAS, in accordance with Florida Statutes 177.101, notice of the intent to apply for <br />plat vacation was duly published by Windsor Properties, Inc. in two weekly issues of a newspaper of <br />general circulation in the County; and <br />WHEREAS, after consideration of the petition, supporting documents, staff investigation and <br />report, and testimony of all those interested and present, the Board finds that Windsor Properties, <br />Inc. owns the fee simple title to all lands within the Ocean Way Subdivision; and <br />WHEREAS, the Board further finds that vacation of the subdivision plat will not affect the <br />right or ownership of convenient access of persons owning other parts of the subdivision. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: <br />1. The plat of Ocean Way Subdivision recorded in Plat Book 13, Page 92 of Indian River <br />County, Florida, is hereby vacated, less and except the 10 foot wide right-of-way <br />dedication to Indian River County for State Road AlA. (See Exhibit A attached) <br />2. The Clerk is hereby directed to record this resolution together with the proofs of publication <br />required by Florida Statutes 177.101 in the Official Record Books of Indian River County <br />without undue delay. <br />3. This resolution for the vacation of the Ocean Way Subdivision plat shall not affect any <br />existing utility rights outside of the plat boundary. <br />4. This resolution for the vacation of the Ocean Way Subdivision plat shall not affect any other <br />plat or easements of record. <br />The foregoing resolution was offered by Commissioner Joseph 14. Earman who moved its <br />adoption. The motion was seconded by Commissioner Laura Moss , and upon being put to <br />a vote, the vote was as follows: <br />Chairman Susan Adams <br />AYE <br />Vice Chairman Joseph E. Flescher AYE <br />3120230061383 <br />RECORDED IN THE PUBLIC RECORDS OF <br />RYAN L BUTLER, CLERK OF COURT <br />INDIAN RIVER COUNTY FL <br />BK 3666 PG 2479 Page 1 of 4 12/13/2023 9.13 AM <br />