HomeMy WebLinkAbout1991-072RESOLUTION NO 91- 72
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT AND VACATION OF 78TH COURT BETWEEN 134TH
STREET AND 135TH STREET IN ROSELAND. SAID LANDS LYING IN
INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, on February 19, 1991 the County received a duly
executed and documented petition from Roland and Marion Baur of
Roseland Florida, requesting the County to close, vacate, abandon
and disclaim any right, title and interest of the County and the
public in and to 78th Court between 134th Street and 135th Street,
said lands lying in Indian River County, Florida.
WHEREAS, in accordance with Florida Statutes 336.10, notice of
a public hearing to consider said petition has been 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 said 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 being known more particularly
described as:
That part of Beech Street (78th Court) lying between Blocks 50
and 52, bounded on the North by Wauregan Avenue (135th Street)
on the South by Brevard Avenue (134th Street), according to
the plat of the Town of Wauregan, recorded in Plat Book 1,
Page 178 of the Public Records of St. Lucie County, Florida;
now lying in Indian River County, Florida,
is hereby forever closed, abandoned, vacated,
surrendered, discontinued, remised and released, with the
exception that a drainage and utilities easement be retained
over the entire right-of-way, and this easement is reserved in
perpetuity unto the County and the Public and shall not be
deemed to have been closed or abandoned in any way by this
resolution.
2. Notice of the adoption of this resolution shall be forthwith
published once within thirty (30) days from the date of adoption
hereof; and
3. The Clerk is hereby directed to record this resolution
together with the proofs of publication required by Florida Statues
336.10 in the Official Record Books of Indian River County without
undue delay.
The foregoing resolution was offered by Commissioner
Wheeler who moved its adoption. The motion was
seconded by Commissioner Eggert , and upon being put
to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Absent
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 2nd day of July, 1991.
RES.91-72
BOARD OF COUNTY COMMISSIONERS
OF INDIAN R VER COUNTY, FLORIDA
BY:
ATTEST:
Jef refr Barton, Clerk
'State of F1or1daj419
'
County of Indian
Richard N. Bird, Chairman
Board of County Commissioners
a -
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in this State and County to take acknowledgements,
personally appeared RICHARD N. BIRD, and JEFFREY K. BARTON, as
Chairman of the Board of County Commissioners 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.
of i
WITNESS my hand of offi ial seal in the County and State last
aforesaid this gei,, day
, A.D., 1991.
APPROVED AS TO PLANNING MATTERS
BY
Robert M. Keating, AICP
Director, Community
Development Division
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Notary Pu
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