HomeMy WebLinkAbout2002-028 .70
♦ ' IN THE RECORDS OF
CLERK CIRCUTA
D COURT
� INDIAN RIVER CO.,FLA.
, 11] RESOLUTION 2002-028
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, cn
ABANDONMENT,VACATION AND DISCONTINUANCE OF THAT PORTION CO
OF 21ST STREET LYING IMMEDIATELY EAST OF 79TH AVENUE AND
RESERVING THE ENTIRE RIGHT-OF-WAY AS A DRAINAGE AND UTILITY
EASEMENT, SAID LAND LYING IN INDIAN RIVER COUNTY,FLORIDA
WHEREAS, on November 1, 2001, Indian River County received a duly executed and
documented petition from Mark Plate' of 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 a portion of 21"Street(unnamed right-of-way) lying east of 79t'Avenue (Westgate Boulevard)
as shown on the plat of the Westgate Colony subdivision and recorded in Plat Book 4, Page 94 of c
the public records of Indian River County,Florida, said lands lying in Indian River County,Florida; N
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 of all those interested and present,the board finds that the subject right-of-way `a
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
96 THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA that:
T
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:
s �
f j That portion of an unnamed road(Posted as 21"Street) lying between Lot 1, Block
1, and Lot 8,Block 3, of Westgate Colony subdivision as recorded in Plat Book 4,
S page 94, Public Records of Indian River County, Florida. Said Parcel containing
8,960 square feet (0.2 acres more or less).
Lin i1_0y g n Indian River County,Florida.Flonda0,
is hereby forever closed, abandoned, vacated, except that a drainage and utility easement is
expressly reserved over the entire right-of-way. (see Exhibit "A", attached) (,n
:IO
2. The closing,vacation, abandonment, of this public right-of-way is in the best interests of the vet
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
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RESOLUTION 2002-028
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 platted lots.
The foregoing resolution was offered by Commissioner Adams who moved
its adoption. The motion was seconded by Commissioner Ti Rp i n , and upon being
put to a vote, the vote was as follows:
Chairman Ruth M. Stanbridge Aye
Vice-Chairman John W. Tippin Aye
Commissioner Fran Adams Aye
Commissioner Caroline D. Ginn Aye
Commissioner Kenneth R. Macht AVP
The Chairman thereupon declared the resolution duly passed and adopted this 7th day of
May , 2002.
ATTEST: ffrvy K BOARD OF COUNTY COMMISSIONERS
Co nt o�jm`dian`Rjver INDIAN RIVER COUNTY,FLORIDA
BY:
BY Ruth Stanbridge, Chairma
- �puty,Clerk ', Board of County Commissioners
I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and
County to take acknowledgments, personally appeared &vny 6--9rgAA6k1b66- , and
PATRICIA "P.1" _in41rn 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.
WITNESS my hand and official seal in the County and State last aforesaid this 7�1day of
A.D., 2002.
Cr
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RESOLUTION 2002-028
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�46
tary Public
APPROVED AS TO LEGAL SUFFICIENCY *9k]
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ION#CC 969415:Sep 20,2004rvloe&Bonding,Inc.
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BY: vV
William G. Collins,
Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
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BY:
Ro . Keating, C ,"Dire' or
Community Development Divi ion
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