HomeMy WebLinkAbout2005-022RESOLUTION 2005- 022
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF 48th
AVENUE LYING BETWEEN 86TH STREET AND 87TH STREET, RESERVING AN
EASEMENT OVER THE ENTIRE RIGHT-OF-WAY, SAID LAND LYING IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on March 24, 2004, Indian River County received a duly executed and documented
petition from First Baptist Church of Wabasso, 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 48th Avenue lying between 86th Street and 87th Street as shown on the plat of the Weona Park
subdivision and recorded in Plat Book 2, Page 17 of the records of Indian River County, Florida; and
WHER1AS, 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 more
particularly described as follows:
A PORTION OF OLEANDER AVENUE (NOW KNOWN AS 48TH AVENUE)
RIGHT-OF-WAY, AS SHOWN ON THE PLAT OF WEONA PARK
SUBDIVISION, AS RECORDED IN PLAT BOOK 2 PAGE 17 OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID
PORTION BEING MORE PARTICULARLY BOUNDED AS FOLLOWS:
ON THE EAST BY THE WEST LINE OF LOTS 1-12 BLOCK 5 OF SAID
PLAT OF WEONA PARK SUBDIVISION, AND 60.00 FEET ABANDONED
RIGHT-OF-WAY OF HIBISCUS BOULEVARD (NOW KNOWN AS 86TH
PLACE), AND TRACT `B' BLOCK 6; ON THE WEST BY THE EAST LINE
OF LOTS 9-16 BLOCK 1 OF SAID WEONA PARK SUBDIVISION, AND
TRACT 'A' BLOCK 1; ON THE NORTH BY THE SOUTH RIGHT-OF-WAY
LINE OF BRIDGE BOULEVARD (NOW KNOWN AS 87TH STREET); AND
ON THE SOUTH BY THE NORTH RIGHT-OF-WAY LINE OF PALM
BOULEVARD (NOW KNOWN AS 86TH STREET).
Lying in Indian River County, Florida.
is hereby forever closed, abandoned, and vacated, except that an easement over the entire former
right-of-way area is expressly reserved for drainage and utility purposes. (See Exhibit "A",
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RESOLUTION 2005-Q22
attached.)
2. The closing, vacation, abandonment, 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.
5. The right-of-way shall revert evenly to the adjacent property to east and the west.
The foregoing resolution was offered by Commissioner Wheel er
adoption. The motion was seconded by Commissioner rA v i s
vote, thevote was as follows:
who moved its
, and upon being put to a
Chairman Thomas S. Lowther
Vice Chairman Arthur R. Neuberger
Commissioner Sandra L. Bowden
Commissioner Wesley S. Davis
Commissioner Gary C. Wheeler
Aye
Ay
Absent.
Aye
Aye
The Chairman thereupon declared the resolution duly passed and adopted this 15th day of
February , 2005.
ATTEST: Jeffrey K. Barton
County of Indian River
BY: C,0...
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
INDI�N RIVR CO Y, ORIDA
BY: t v-
Thomas S. Lowther, Chairman
Board of County Commissioners
RESOLUTION 2005-.022
I HEREBY CERTIFY that on this day, before me, and officer duly authorized ilk gepivggounty
to take acknowledgments, personally appeared , and as
Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be
the persons. described in and who executed the foregoing instrument and they acknowledged before me
that they executed the same.
TNESS my hand and official seal in the County and State last aforesaid this day of
, -A.D., 2005.
`:`1:100 FlETA M. SMITH
* MY COMMISSION # DD 349374
EXPIRES: September 20, 2008
'rp0F, `O - Bonded Thru Budget Notary Services
APPROVED AS TO LEGAL SUFFICIENCY
BY:
William G. Collins, County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
0_��. /u&
Robert M. Keating, AICP, Direc
Community Development Dep
r.
ent
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