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HomeMy WebLinkAbout2000-087RESOLUTION NO. 2000-08 7 RESOLUTION OF THE BOARD OF COUNTY COMMTSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A PORTION OF I28TH COURT RIGHT.OF.WAY IN THE TOWNSITE PLAT OF ROSELAND TO BE DESIGNATED AS 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, and utility uses; 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 desires to designate as a limited use right-of-way that portion of 1286 Court north of 83d Avenue, between btock 85 and 86 Townsite plat of Rosland, said right-of-way segment being more particularly described as : lrwis Street (now known as 128'h Court), a 50-foot wide street lying North of Sebastian Avenue (now known as Bay Street), and running to the South shore of the Sebastian River, according to the plat of the Townsite of Roseland recorded in Plat Book l, Page 43 of the Public Records of St. Lucie County, Florida. Now lying in Indian River County, Florida. and shown on the attached map (SEE EXHIBIT "A"); and WHEREAS, Indian River County has determined that all lots that abut the subject right-of- way other than Lot 5, Block 85 have frontage on other county road rights-of-way that provide general vehicular access to each abutting lot; and WHEREAS, the Indian River County board of County Commissioners held a duly noticed public hearing on August l, 2000 to consider the disposition of said right-of-way and determined it in the best interest of the county to designate the subject right-of-way as a "limited use right-of- way". NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA thAt: u\d\res\128th court Page 1 of 3 RESOLUTION NO. 2OOO-08 7 l. The subject segment of county right-of-way is hereby designated as "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 pedestrian, drainage, and utility uses authorized by the county, and driveway access for Lot 5, Block 85, Townsite plat of Roseland. The foregoing resolution was offered by Commissioner G i nn who moved its adoption. The motion was seconded by Commissioner Sta n br i age , and upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Vice - Chairman Caroline Ginn Commissioner Kenneth R. Macht Commissioner Ruth Stanbridge Commissioner John W. Tippin Aye Aye Aye Ave Aye The Chairman thereupon declared the resolution duly passed and adopted this 2 2 n d day of Arrgr sf , 2000. The Chairman thereupon declared the resolution duly passed and adopted this zznrt day of Arrgusf , 2000. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Fran B. Adams Chairman I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and ,ffiffi "F.1" J$$e#knowledgments, personally appeared FRAN ADAMS, and 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. u\d\res\128th court Page 2 of 3 By RESOLUTION NO. 2000- OA z WITNESS my hand and official seal in the County and State last aforesai dthiszudly of APPROVED AS TO LEGAL SUFFICIENCY / ./1. BY, L4 (W;-"/ William G. Collins, Deputy County Attomey dr"t t r- Rcta M. smitb :-|41f1 Notary hbtio, State of Fhride-+IYDI^5 Co:nmision No. CC StZ.lg?or rro- My Comrnisior Bxp.09/0{2{100 |.800.I.NOTARY. FL. Noory Scrh. f Brdla oo. APPROVED AS TO PUBLIC WORKS MATTERS Kafer, P.E. 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