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- RESOLUTION NO. 90-22 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDON- MENT, AND VACATION OF A PORTION OF 4TH PLACE, SAID LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on March 28, 1989 the County received a duly execut- ed and documented petition from Dean Luethje as agent for Public Gas, requesting the County to close, vacate, abandon and disclaim any right, title and interest of the County and the public in and to a portion of 4th Place lying between U.S. #1 and the FEC Railroad, said lands lying in Indian River County, Florida. WHEREAS, in accordance with Florida Statutes 5336.10, notice of a public hearing to consider said petition has been 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 said right-of-way is not a state or federal highway, is not located within any municipality, and a portion of the 4th Place right-of-way is not necessary for continuity of the County's street and thoroughfare network, or for access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS 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 know more particularly described as: A 50 foot wide road right-of-way of 4th Place, lying West of State Road 5, (U.S. Highway No. 1) West right-of-way line as of February 20 , 1990, and East of the Florida East Coast Railway East right-of-way line as of February 20 1990. The centerline of which is more particularly described as follows: Commencing at the Northwest corner of the Southeast one-quarter of the Northeast one-quarter of Section 13, Township 33 South, Range 39 East run Southerly along the West line of said Southeast one-quarter of Northeast one-quarter a distance of 668.88 feet to a point on the said East right-of-way line of the Florida East Coast Railway; thence run Southeasterly along said East right-of-way a distance of 351.24 feet to the centerline of aforesaid 4th Place and Point of Beginning; thence run Easterly and parallel to the South boundary line of the North one-half of the South one-half of aforesaid Southeast one-quarter of the Northeast one-quarter a distance of 126.73 feet to the aforesaid West right-of-way line of State Road Number 5 (U.S. Highway No. 1) and point of ending. Said land lying in Indian River County, Florida. is hereby forever closed, abandoned, vacated, surrendered, discontinued, remissed and released, with the following reser- vations: a. an above ground utility easement be retained (over the rights-of-way being abandoned as described above) and this easement is reserved in perpetuity unto the County and the Public and shall not be deemed to have been closed or abandoned in any way by this resolution; b. the east 50' as described above and measured normal to the west right-of-way of U.S. #1 Highway is reserved in perpetuity unto the County and the Public for road right-of-way and shall not be deemed to have been closed or abandoned in any way by this resolution; C. a 20' wide easement, centered in the center of the existing right-of-way is reserved in perpetuity unto the