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wK w PAGE:27 <br />RESOLUTION NO. 97- 70 <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 />94TH AVENUE ADJACENT TO LOTS 4 & 5, BLOCK A, VERO <br />TROPICAL GARDENS, UNIT 1, AND RESERVING A DRAINAGE AND <br />UTILITY EASEMENT OVER THE ABANDONED RIGHT-OF-WAY SAID <br />LAND LYING IN INDIAN RIVER COUNTY, FLORIDA <br />WHEREAS, on August 30, 1996 Indian River County received a <br />duly executed and documented petition from Jack Ketter of North <br />Palm Beach, Florida, requesting that the County close, vacate, <br />abandon, discontinue, renounce and disclaim any right, title and <br />interest of the County and the public in and to a portion of 94th <br />Avenue adjacent to Lots 4 & 5, Block A, Vero Tropical Gardens, Unit <br />1, said lands lying in Indian River County, Florida; and <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 />1. All right, title and interest of the County and the public in <br />and to that certain right-of-way being known more particularly as: <br />Beginning at the Northeast corner of Lot 5, Block A, Vero <br />Tropical Gardens, Unit #1, as recorded in Plat Book 4, <br />page 75, Public Records of Indian River County, Florida, <br />run South 00° 29' 58" West along the East line of Lots 5, <br />4, and 3, Block A, 140.35 feet to the Westerly right-of- <br />way of Interstate 95; thence North 280 52' 30" East along <br />said right-of-way 147.29 feet; thence North 890 30' 02" <br />West, 35.00 feet; thence North 000 29' 58" East, 10.75 <br />feet; thence North 890 30' 02" West, 35.00 feet to the <br />Point of Beginning. <br />All the above situate in Indian River County, Florida and <br />containing 0.11 acres, more or less. Subject to a County <br />Easement, 20 feet wide and parallel with the Easterly <br />line of the above described parcel. <br />is hereby forever closed, abandoned, vacated, discontinued, <br />renounced and disclaimed, except for a drainage and utility <br />easement which is hereby reserved over the entire abandoned right- <br />of-way. <br />2. The closing, vacation, abandonment, discontinuance and <br />disclaimer of this public right-of-way is in the best <br />interests of the public. <br />3. Notice of the adopting of this resolution shall be forthwith <br />published once within thirty (30) days from the date of <br />adoption hereof; and <br />4. This abandonment is subject to a reservation by Indian River <br />County of a drainage and utility easement over the entire <br />above abandoned right-of-way. <br />24 <br />JULY 22,1997 <br />