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Home My WebLink About2004-091RESOLUTION 2004- 091 RESOLUTION OF THE BOARD OF COUNTY CON USSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF APORTION OF 21sT LANE LYING BETWEEN 98TH AVENUE AND THE HOUSTON -TEXAS GAS AND OIL CORPORATION PERMANENT EASEMENT (PIPELINE CORRIDOR), RESERVING A 20 FOOT EASEMENT OVER THE CENTER OF THE FORMER RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on September. 18, 2003, Indian River County received a duly executed and documented petition from James and Dee Brown of Vero Beach, 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' Lane lying between 98h Avenue and the Houston -Texas Gas and Oil Corporation Permanent Easement (pipeline corridor) as shown on the plat ofthe Vero Tropical Gardens, Unit 2 subdivision and recorded in Plat Book 6, Page 64 of the records of Indian River County, Florida; 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 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: All right, title and interest of the County and the public in and to that certain right-of-way more particularly described as follows: ALL THAT PART OF 21sT LANE RIGHT-OF-WAY LYING SOUTH, CONTIGUOUS AND ADJACENT TO LOTS .1, 2 AND 3, BLOCK J -J, AND LYING NORTH, CONTIGUOUS AND ADJACENT TO LOTS 5, 6 AND 7 BLOCK I -I, AND LYING EAST, CONTIGUOUS AND ADJACENT TO THE EAST. RIGHT-OF-WAY OF 98TH AVENUE, AND LYING WEST, CONTIGUOUS AND ADJACENT TO THE WEST RIGHT-OF-WAY OF THE HOUSTON -TEXAS GAS AND OIL CORP. (PERMANENT EASEMENT) OF VERO TROPICAL GARDENS UNIT 2 AS RECORDED IN PLAT BOOK 6, PAGE 64 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Lying in Indian River County, Florida. is hereby forever closed, abandoned, and vacated, except that a 20'. wide easement in the center of the former right-of-way is expressly reserved for drainage and utility purposes. (see Exhibit "A", attached) CADocuments and Settings\Idmm\Local SettingsWemporary Intemet Files\OLK2\brown 21st Lane 062104.rtf 1 RESOLUTION 2004-091 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 property to the north and south. The foregoing resolution was offered by Commissioner Lowther who moved its adoption. The motion was seconded by Commissioner Ad a m L , and upon being put to a vote, the,vote was as follows: Chairman Caroline D. Ginn dye Vice -Chairman Arthur R. Neuberger Aye Commissioner Fran Adams dye Commissioner Thomas S. Lowther Aye Commissioner Kenneth R. Macht Ave The Chairman thereupon declared the resolution duly passed and adopted this 17th day of August , 2004. ATTEST: Jeffrey K. Barton BOARD OF COUNTY COMMISSIONERS of Indian INDIAN RIVER CO ORIDA y BY: BY: - Caroline D. Ginn, Charman Deputy Clerk Board of County Commissioners I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County FAComcmmity Development\Users\CurDCV\RSSOLUTION\2004 Resolutionamown 21st ]ane 062104.rtt 2 y -Z RESOLUTION 2004 - to take acknowledgments, personally appeared Caroline D. Ginn and PATRICIA M. RIDGELY 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 17th day of August , A.D., 2004. APPROVED AS TO LEGAL SUFFICIENCY Notary Pu is "l%' Kimberly E. Massung MYCOMMISSION# DD216503 EXPIRES • 'o= July 15, 2007 BONDED THRUTROY FAIN INSURANCE.INC BY: William G. Collins, County Atto ey APPROVED AS TO PLANNING MATTERS IM Robert M. Keating, AI?, Director Community Developmqfit Divisio� FACommunity Development\Users\CurDevV2E$OLUTION\2004 Resolutions\brow 21st Lane 062104.rtf 3 W -y ; } W M F Z if 4 ..N. 0 <O I.F I U C9�i W<'�N►..1-a�Y� jp,.yagY p,� V�j1 r„ N�ZW-QU Z -F7t� iC < S •� 0 OOg N��ma gzo�v) t, z ah ww 'n' FmQJWU3<O�ti xg� , C9 0 O mm yy.,ZhO�WZW U. go - gWZZW W i'im Z<W0 itZ i r:Z06O§m0Wwdr-OQW.B<NM 0<JJL)N<< XW<a / i / N s / NO\3SI04 J O R m g i i i kVM-J0-IHJI8 ,5£ 8 3nN3AV '4186 9 ,IVM-AO-IH 1s ,09 9-0 lVNV0 10141S10 102LLN00 831VM SH8VJ N3AIN NVIONI 5 t] 40. � s $ y z 1'V I W N F W �. (o — O R J m W .. 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