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Per guidelines established by the Board of County Commissioners,
<br />the petition was reviewed by all county divisions and utility
<br />providers having jurisdiction or potential interests within the
<br />right-of-way. All reviewing agencies and departments have
<br />recommended approval of the requested abandonment, with the
<br />reservation of an easement for utilities and drainage. This right-
<br />of-way is not part of the roadway system as noted on the County
<br />Thoroughfare Plan, and is not needed for the thoroughfare system.
<br />Granting the partial abandonment request would not affect the use
<br />of Live Oak Drive, or the right of convenient access to the subject
<br />property or to surrounding properties. Also, the County Attorney's
<br />Office has reviewed and approved the attached abandonment
<br />resolution for legal form and sufficiency.
<br />Based on the analysis, staff recommends that the Board of County
<br />Commissioners abandon its rights to the subject 10' right-of-way
<br />strip and authorize the chairman of the Board of County
<br />Commissioners to execute the attached abandonment resolution, with
<br />the following condition:
<br />That the entire 10' strip be reserved as a drainage and
<br />utility easement.
<br />The Chairman opened the public hearing and asked if anyone wished to be heard in this matter.
<br />There being none, she closed the public hearing.
<br />ON MOTION by Commissioner Adams, SECONDED by
<br />Commissioner Macht, the Board unanimously adopted Resolution 97-
<br />069 providing for the closing, abandonment, vacation and
<br />discontinuance of a portion of Live Oak Drive adjacent to Lot 213,
<br />Orchid Island Subdivision Unit 2, said land lying in Indian River
<br />County, Florida.
<br />RESOLUTION NO. 97-69
<br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
<br />RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
<br />ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF
<br />LIVE OAR DRIVE ADJACENT TO LOT 213, ORCHID ISLAND
<br />SUBDIVISION UNIT 2 SAID, LAND LYING IN INDIAN RIVER
<br />COUNTY, FLORIDA
<br />WHEREAS, on March 11, 1997, Indian River County received a
<br />duly executed and documented petition from Philip A. Glaab of Vero
<br />Beach, Florida, requesting that the County close, vacate, abandon,
<br />discontinue, renounce and disclaim any right, title and interest of
<br />the County and the public in and to a portion of Live Oak Drive
<br />adjacent to Lot 213, Orchid Island Subdivision Unit 2, said lands
<br />lying in Indian River County, Florida.
<br />WHEREAS, in accordance with Florida Statutes 336.10, notice of
<br />a public hearing to consider said petition was duly published; and
<br />WHEREAS, after consideration of the petition, supporting
<br />documents, staff investigation and report, and testimony of all
<br />those interested and present, the board finds that the subject
<br />right-of-way is not a state or federal highway, nor located within
<br />any municipality, nor is said right-of-way necessary for continuity
<br />of the County's street and thoroughfare network, nor access to any
<br />given private property.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
<br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
<br />JULY 15, 1997 BOOK ? Usk PAGE .71
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