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ON MOTION by Commissioner Adams, <br />SECONDED by Commissioner Tippin, the Board <br />unanimously adopted Resolution 2002-028 <br />providing for the closing, abandonment, vacation <br />and discontinuance of that portion of 21' Street <br />lying immediately east of 79' Avenue and reserving <br />the entire right-of-way as a drainage and utility <br />easement (Mark Plate - between Lot 1, Block 1, and <br />Lot 8, Block 3, Westgate Colony Subdivision). <br />RESOLUTION 2002-028 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, <br />ABANDONMENT, VACATION AND DISCONTINUANCE OF THAT PORTION <br />OF 21' STREET LYING IMMEDIATELY EAST OF 79Th AVENUE AND <br />RESERVING THE ENTIRE RIGHT-OF-WAY AS A DRAINAGE AND UTILITY <br />EASEMENT, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA <br />WHEREAS, on November 1, 2001, Indian River County received a duly executed and <br />documented petition from Mark Plate' of Florida, requesting that the County close, vacate, abandon, <br />discontinue renounce and disclaim any right, title and interest of the County and the public in and <br />to a portion of 21' Street (unnamed. right-of-way) lying east of 79th Avenue (Westgate Boulevard) <br />as shown on the plat of the Westgate Colony subdivision and recorded in Plat Book 4,•Page 94 of <br />the public records of Indian River County Florida said lands lying in Indian River County, Flonda; <br />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 />MAY 7, 2002 <br />-66- <br />- <br />43 <br />