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BOOK 109 MdSIG RESOLUTION NO. 99-41 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF LATERAL BOULEVARD AS SHOWN ON THE REPLAT OF TRACTS 1728 AND 1765 OF THE FELLSMERE FARMS COMPANY AND RESERVING A 15' WIDE DRAINAGE AND UTILITY EASEMENT OVER A PORTION OF THE ABANDONED RIGHT-OF-WAY SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on May 18, 1998 Indian River County received a duly executed and documented petition from Brian K Davis of Vero Beach, Florida, 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 Lateral Boulevard as shown on the replat of tracts 1728 and 1765, 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 ofall 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" Lying in Indian River County, Florida. is hereby forever closed, abandoned, vacated, discontinued, renounced and disclaimed, except for a 15' wide drainage and utility easement which is hereby reserved over the east 15' of the entire abandoned right-of-way. 2. The closing, vacation, abandonment, discontinuance and disclaimer of this public right-of- way is in the best interests of the public. 3. Notice of the adopting of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof, and 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. Said right-of-way shall be returned in its entirety to tracts 1728 and 1765 Fellsmere Farms Company. The foregoing resolution was offered by Commissioner. Adams who moved its adoption. The motion was seconded by Commissioner G i n n , and upon being put to a vote, the vote was as follows: MAY 49 1999