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0 <br />RESOLUTION NO. 994 0 7 <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 />11TH STREET WEST OF COMMERCE AVENUE AND EAST OF THE FEC <br />RAILROAD BETWEEN LOT 14, BLOCK 2, AND LOT 1, BLOCK 3 IN THE <br />ROSEDALE GARDENS SUBDIVISION, AND RESERVING A 20' DRAINAGE <br />AND UTILITY EASEMENT CENTERED IN THE ABANDONED RIGHT-OF- <br />WAY SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA <br />WHEREAS, on June 23, 1999 Indian River County received a duly executed and <br />documented petition from Tom Pease 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 I I" Street west of Commerce Avenue and east of the FEC Railroad <br />between Lot 14, Block 2, and Lot 1, Block 3 in the Roseland Gardens subdivision, said lands lying <br />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 ofthe 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 11th Street (Willow Street) lying west of Commerce Avenue and east of the <br />FEC Railroad right-of-way according to the plat of Rosedale Gardens subdivision <br />recorded in Plat Book 1, Page 10 of the records of Indian River County. <br />Lying in Indian River County, Florida <br />is hereby forever closed, abandoned, vacated, discontinued, renounced and disclaimed, <br />except for a 30' wide drainage and utility easement which is hereby reserved centered within the <br />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 />3. 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 />SEPTEMBER 289 1999 <br />-47- <br />