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• <br />RESOLUTION NO. 98-35 <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 />7TH STREET EAST OF 18TH COURT LYING BETWEEN LOT 8, BLOCK D <br />AND LOT 1, BLOCK C, ROYAL POINCIANA PARK, UNIT #3, AND <br />RESERVING A DRAINAGE AND UTILITY EASEMENT OVER THE <br />ABANDONED RIGHT-OF-WAY SAID LAND LYING IN INDIAN RIVER <br />COUNTY, FLORIDA <br />WHEREAS, on February 4, 1998 Indian River County received a duly executed and <br />documented petition from Chad Kelly of Vero Beach, Florida, requesting that the County close, <br />vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and <br />the public in and to a portion of 7th Street East of 18th Court lying between Lot 8, Block D and Lot <br />1, Block C, Royal Poinciana Park, Unit #3, said lands lying 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 and <br />report, and testimony of all those interested and present, the board finds that the subject right-of-way <br />is not a state or federal highway, nor located within any municipality, nor is said right-of-way <br />necessary for continuity of the County's street and thoroughfare network, nor access to any given <br />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 />being known more particularly as: <br />All of Seventh (71h) Street lying West of 18'" Avenue according to the plat of Royal <br />Poinciana Park Unit No. 3 recorded in Plat Book 5, Page 40 of the Public Records <br />of Indian River County, Florida. <br />Lying m Indian River County, Florida. <br />is hereby forever closed, abandoned, vacated, discontinued, renounced and disclaimed, except <br />for a drainage and utility easement which is hereby reserved over the entire abandoned right-of-way. <br />2. The closing, vacation, abandonment, discontinuance and disclaimer of this public right-of- <br />way is in the best interests of the public. <br />3. Notice of the adopting of this resolution shall be forthwith published once within thirty (30) <br />days from the date of adoption hereof; and <br />4. The intent of this abandonment subject to a reservation by Indian River County of a drainage <br />and utility easement over the entire above abandoned right-of-way, is to allow a driveway <br />to be constructed in the east 90' of the south 10' of the above described property. <br />5. The Clerk is hereby directed to record this resolution together with the proofs of publication <br />required by Florida Statutes 336.10 in the Official Record Books of Indian River County <br />without undue delay. <br />The foregoing resolution was offered by Commission F98Ert who moved its <br />adoption. The motion was seconded by Commissioner Gi nn , and upon being put <br />to a vote, the vote was as follows: <br />March 17, 1998 <br />41 <br />1 <br />• <br />