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RESOLUTION NO. 2005-0124
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A 60' WIDE
PORTION OF 46TH STREET LYING EAST OF 38TH AVENUE IN LORD
CALVERT ESTATES AS RECORDED IN PLAT BOOK 5, PAGE 57. TO BE
DESIGNATED . AS A LIMITED USE RIGHT-OF-WAY; SAID RIGHT-OF-
WAY LYING IN THE UNINCORPORATED AREA OF INDIAN RIVER
COUNTY, FLORIDA
WHEREAS, on February 15, 2000, the Board of County Commissioners adopted
ordinance No. 2000-004, which established in the county land development regulations a
definition for and reference to "limited use rights-of-way"; and
WHEREAS, "limited use rights-of-way" are defined as rights-of-way used for non-
general vehicular traffic purposes.such as for pedestrian, drainage, utility and other uses; and
WHEREAS, the rights-of-way within Lord Calvert Estates are public rights-of-way; and
WHEREAS, such a designation provides a benefit to abutting lot owners by reducing
building setbacks on abutting lots; and
WHEREAS, the Board of County Commissioners is authorized .to designate a county
right-of-way as a"limited use right-of-way"; and
WHEREAS, Indian River County has. received an application from Linda. Cross* to .
abandon a portion of the segment of 46th Street lying east of 38th Avenue in Lord Calvert Estates
as recorded in Plat Book 5, Page 57, and to designate the remaining portion as a limited use
right-of-way; and
WHEREAS, based on County review, the County has determined it is in the public's
interest to designate this remaining segment as a "limited use right-of-way" rather than abandon
said segment, said right-of-way segment shown on the attached map (SEE EXHIBIT "A"); and
WHEREAS, Indian River County has determined that the limited use right-of-way can be
used for utility purposes, drainage purposes, and driveway access to individual lots; and
WHEREAS, Indian River County has by regular mail notified the owners of record of the
two lots that abut the subject right-of-way segment of the public meeting at which the Board of
County Commissioners will consider designating the subject right-of-way segment as a "limited
use right-of-way".
NOW,. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
.COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA that:
The subject segment of county right-of-way is hereby designated as a "limited use right-
of-way" as defined and referenced in the county land development regulations, and shall not be
used for general vehicular traffic purposes but may be used for driveways, pedestrian access,
drainage, emergency access and utility uses authorized by the county.
FACommunity Development\Users\CurDev\RESOLUTION\2005 Resolutions\60'wide portion of 46th Street 2005-.rtf 1
RESOLUTION NO. 2005- 0124
The foregoing resolution was offered by Commissioner wheel ar who moved
its adoption. The motion was seconded by Commissioner Davi s and upon
being put to a vote, the vote was as follows:
Chairman Thomas S. Lowther Aye
Vice-Chairman Arthur R. Neuberger Aye
Commissioner Sandra L. Bowden Aye
Commissioner Wesley S. Davis Ave
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and adopted this 16th day
of August , 2005.
ATTEST: Jeffrey K. Barton BOARD OF COUNTY COMMISSIONER_ S
County of Indian iver INDI N RIVER COUNTY, FLORIDA
BY: T BY: S.
Deputy Clerk Thomas S. Lowther, Chairman
Board of County Commissioners
I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and
Count
tM, P tselac�as Chairman of theBoardof County Co�yo��s.� ����� and
I g personally PP
mmissoners 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 y hand and official seal in the Count and State last aforesaid this day
of , A.D., 2005. `
otary Public
APPROVED AS TO LEGAL SUFFICIENCY �""Y°`��, META M.WITH
* *
My COMMISSION t 00349374
® / s EXPIRES:September 20,2008
Bonded Thru 8udpet Notary Services
BY:
William G. Collins, County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
Robert M. Keating, AICPK
ector.
Community Development Divisio
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