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Home My WebLink About1990-022- RESOLUTION NO. 90-22 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDON- MENT, AND VACATION OF A PORTION OF 4TH PLACE, SAID LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on March 28, 1989 the County received a duly execut- ed and documented petition from Dean Luethje as agent for Public Gas, requesting the County to close, vacate, abandon and disclaim any right, title and interest of the County and the public in and to a portion of 4th Place lying between U.S. #1 and the FEC Railroad, said lands lying in Indian River County, Florida. WHEREAS, in accordance with Florida Statutes 5336.10, 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, is not located within any municipality, and a portion of the 4th Place right-of-way is not necessary for continuity of the County's street and thoroughfare network, or for access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS 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 know more particularly described as: A 50 foot wide road right-of-way of 4th Place, lying West of State Road 5, (U.S. Highway No. 1) West right-of-way line as of February 20 , 1990, and East of the Florida East Coast Railway East right-of-way line as of February 20 1990. The centerline of which is more particularly described as follows: Commencing at the Northwest corner of the Southeast one-quarter of the Northeast one-quarter of Section 13, Township 33 South, Range 39 East run Southerly along the West line of said Southeast one-quarter of Northeast one-quarter a distance of 668.88 feet to a point on the said East right-of-way line of the Florida East Coast Railway; thence run Southeasterly along said East right-of-way a distance of 351.24 feet to the centerline of aforesaid 4th Place and Point of Beginning; thence run Easterly and parallel to the South boundary line of the North one-half of the South one-half of aforesaid Southeast one-quarter of the Northeast one-quarter a distance of 126.73 feet to the aforesaid West right-of-way line of State Road Number 5 (U.S. Highway No. 1) and point of ending. Said land lying in Indian River County, Florida. is hereby forever closed, abandoned, vacated, surrendered, discontinued, remissed and released, with the following reser- vations: a. an above ground utility easement be retained (over the rights-of-way being abandoned as described above) 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; b. the east 50' as described above and measured normal to the west right-of-way of U.S. #1 Highway is reserved in perpetuity unto the County and the Public for road right-of-way and shall not be deemed to have been closed or abandoned in any way by this resolution; C. a 20' wide easement, centered in the center of the existing right-of-way is reserved in perpetuity unto the Y RESOLUTION NO. 90- 22 County and the Public for drainage and utilities 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 §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 Scurlock , and upon being put to a vote, the vote was as follows; Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Ty—e Commissioner Don C. Scurlock, Jr. I - Commissioner Margaret C. Bowman _ye� Commissioner Gary C. Wheeler -Aye The Chairman thereupon declared the resolution duly passed and adopted this20th day of February , 1990. BOARD OF COUNTY COMMISSIONERS OF INDDIIAN RIVER COUNTY, FLORIDA Carolyn/K. Egge�i10, Chairman Board f Count Commissioners ATTEST: Pt,fy K toh, le k ate of Florida W. County of Indian RiCer •e I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgements, personally appeared CAROLYN K. EGGERT, and JEFFREY K. BARTON, as Chairman of the Board of County Commissioners and Clerk, respec- tively, to me known to be the persons described in and who execut- ed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand �',a� d� official al in the County and State last aforesaid this -sem day of , A.D., 1990. APPROVED AS TO PLANNING MATTERS BY: , Robert M. Keats g, Director, Comm sty Development Divisio 4th Place RSLUTN . N. + d' VIRGINIA M.HARGRFA 4, - P s RESOLUTION NO. 90- 22 County and the Public for drainage and utilities 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 §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 Scurlock , and upon being put to a vote, the vote was as follows; Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Ty—e Commissioner Don C. Scurlock, Jr. I - Commissioner Margaret C. Bowman _ye� Commissioner Gary C. Wheeler -Aye The Chairman thereupon declared the resolution duly passed and adopted this20th day of February , 1990. BOARD OF COUNTY COMMISSIONERS OF INDDIIAN RIVER COUNTY, FLORIDA Carolyn/K. Egge�i10, Chairman Board f Count Commissioners ATTEST: Pt,fy K toh, le k ate of Florida W. County of Indian RiCer •e I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgements, personally appeared CAROLYN K. EGGERT, and JEFFREY K. BARTON, as Chairman of the Board of County Commissioners and Clerk, respec- tively, to me known to be the persons described in and who execut- ed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand �',a� d� official al in the County and State last aforesaid this -sem day of , A.D., 1990. APPROVED AS TO PLANNING MATTERS BY: , Robert M. Keats g, Director, Comm sty Development Divisio 4th Place RSLUTN . N. + d' VIRGINIA M.HARGRFA P s State of Florida My Comm. EMP. July 8,1990 Indunnim Cu Approved Dale Admin. r ]j -- 7 - _L«aI Legal w�c c VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the _ _ Court, was pub• lished in said newspaper in the issues of / Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun• ty. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the *aid newspaper. / Sworn to and subscribed before me this _'�_--y7G. day o D. 19 _ r„ (Business Mar1$per�— (SEAL) (Clerk of the Circuit Court, Indian Rlver,Counly, Florida) NOTICE OF PUBLIC NEARING Nonce of hearing to consider a petition for the closing, abandonment, and vacation Of • Portion lineth Sacs I Ing of the FEC n!I. I and e ea t right In the wool right -of -WAY n than River CounH Florida. A public hear ng at which parties In Interest and citizens shall have an nity to be Com - heard, will be held by tM of County Com- ' missloners of Indian rvar County. Florida In Me County Commission Chambers of Me �ounyy Administration Building, located at 1810 25ti1 Street Vero Beaeh, Florida on Tuesday, FeWu• �on_1a9oetg:tkLe.m• Anyone who may wIM ID eppNi any gaelaion. which may be matla at MM mMti Ixsadro ensure that a verbatim mead of Ings to made, which Inc Nda - testimony and aW- BY-s-CAROLYN EOQERT Chairman January 26,1M I;jQ9,e