HomeMy WebLinkAbout1990-019CORRECTIVE RESOLUTION NO. 90-19
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, CORRECTING RESOLUTION NO.
89-79, PROVIDING FOR THE CLOSING,
ABANDONMENT, AND VACATION OF A PORTION
OF 92ND COURT AND 21ST STREET, SAID
LANDS LYING IN INDIAN RIVER COUNTY,
FLORIDA.
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WHEREAS, on March 9, 1989 the'County received a
duly executed and documented petition from John N. Fountain
of Rockledge, Florida, requesting the County to close,
vacate, abandon and disclaim any right, title and interest
of the County and the public in and to portions of 92nd
Court and 21st Street, said lands lying in Indian River
County, Florida;
WHEREAS, in accordance with Florida Statutes
Section 336.10, notice of a public hearing to consider said
petition was duly published;
WHEREAS, after consideration of the petition,
supporting documents, staff investigation and report, and
testimony of all those interested and present, the Board
found that said right-of-way was not a state or federal
highway, nor located within any municipality, nor was said
right-of-way necessary for continuity of the County's street
and thoroughfare network, nor access to any given private
property;
WHEREAS, Resolution No. 89-79 recorded at O.R.
Book 841, Page 1378 was adopted after public hearing on
August 8, 1989 to vacate and abandon a portion of 92nd Court
and 21st Street;
WHEREAS, Resolution No. 89-79 had an improper call
of direction in the legal description, which call is herein
corrected and underlined; and
WHEREAS, in paragraph 1 of Resolution No. 89-79
the entire right-of-way was retained without qualifying that
the easement was retained for'drainage and utilities, which
deficiency is herein corrected and underlined;
NOW, THEREFORE, BE IT RESOLVED' BY THE BOARD OF
COUMTV COAAIAISSIOiJERS OK 1Nb1AN RIVER COUNTY{ FLORIDA tha;
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:
All of 21st Street between the East line of Blocks
R and S and the East line of 92nd Drive (128th
Avenue as shown on the plat of Paradise Park Unit
No. 3 recorded in the Public Records of Indian
River County, Florida in Plat Book 4, Page 34).
Lying in Indian River County, Florida.
The East 35 feet of Tract 7 in Section 3, Township
33 South, Range 38 East, of the Indian River Farms
Company plat, as shown on the plat of Paradise
Park Unit No. 3, recorded in Plat Book 4, Page 34
of the Public Records of Indian River County,
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1990
CORRECTIVE RESOLUTION NO. 90- 19
Florida, LESS and EXCEPT that part lying within
the right-of-way of the Interstate 95 - SR 60
Interchange, the said 35 -foot strip more fully
described as follows:
Begin at the Northeast corner of the said Tract 7
and run Southerry--Wrong the East line of the said
tract, a distance of 1109.59 feet to a point in
the North line of a 60 -foot wide service road
lying North of and adjacent to the limited -access
right-of-way of the Interstate 95 - SR 60
Interchange. Then run
Northwesterly along the said right-of-way on an
interior angle of 56°45' to the left, a distance
of 41.85 feet to a point. Then run
Northerly, on a line parallel with and 35 feet
measured normal to the first course herein
described, a distance of 1086.64 feet more or less
to a point in the North line of Tract 7. Then run
Easterly along the North line of Tract
distance of 35 feet to the POINT OF BEGINNING.
Lying in Indian River County, Florida.
Is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remised and released, with the exception that
the entire right-of-way width be retained (as described
above) for a drainage_ and utilities easement and this
easementandreserved in perpetuity unto the bounty 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 Statutes Section 336.10 in the Official Record
Books of Indian River County without undue delay.
The foregoing corrective resolution was offered by
Commissioner Scurlock who moved Its adoption. The
motion was secondecT-l5y C1&F rssloner Birdand upon
being put to a vote, the vote was as-T57ows`---
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird -Ay-L-
Commissioner Margaret C. Bowman -976-
Commissioner
yeCommissioner Don C. Scurlock, Jr. Ay_e
Commissioner Gary C. Wheeler Ay_e
The Chairman thereupon declared the corrective
resolution duly passed and adopted this 6th day of
February 1990, ----
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By ��t ---
Carol yn K. -Egger irFiaTrman
HE