11/10/1998 - Laserfiche WebLink

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a 23 would address the legal issue that put the County in this position in this instance. Commissioner Adams was not sure she liked the policy, but did like the County Attorney's idea. The Chairman CALLED THE QUESTION and the motion carried 3-2 (Commissioners Adams and Macht opposed). (Resolution No. 98-122 adopted providing for the closing, abandonment, vacation, and discontinuance of a segment of 10' Street between 37h Street and 41' Street, and reserving a drainage and utility easement over the abandoned right-of-way said land lying in Indian River, County, Florida.) CLERK'S NOTE: This resolution will be replaced with one that has been corrected to read "10' Street between 37' Avenue and 41' Avenue" RESOLUTION NO. 98- 12 2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A SEGMENT OF 10TH STREET BETWEEN 37TH STREET AND 41sT STREET, AND RESERVING A DRAINAGE AND UTILITY EASEMENT OVER THE ABANDONED RIGHT- OF-WAY SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on August 19, 1998 Indian River County received a duly executed and documented petition, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of 101 Street between 371h and 41s' Avenue, said lands lying in Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the board finds that the subject right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way being known more particularly as: (See Exhibit "A" for legal description.) Lying in Indian River County, Florida. is hereby forever closed, abandoned, vacated, discontinued, renounced and disclaimed, except for a drainage and utility easement which is hereby reserved over the entire abandoned right- of-way. November 10, 1998 30