HomeMy WebLinkAbout1990-159RESOLUTION NO. 90- 159
-RESOLUTION OF THE. BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, AND VACATION OF 44TH STREET WEST OF 35TH
AVENUE :AS SHOWN ON THE PLAT OF NORTH GIFFORD HEIGHTS
SUBDIVISION, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY. SAID LAND LYING
IN INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, on July 6, 1990 the County received a duly executed
and documented petition from Maria Stewart, 4401 35th Avenue, Vero
Beach, Florida, requesting the County to close, vacate, abandon,
and disclaim any right, title and interest of the County and the
public in and to 44th Street west of 35th Avenue, 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 of federal highway, nor located within any
municipality, no 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 portion of an unnamed street lying west of the west right-
of-way of McGriff Road, south of Lot 12 Block 2, north of Lot 1,
Block 4, as shown on the plat of North Gifford Heights, recorded
in Plat Book 3, Page 51 of the Public Records of Indian River
County, Florida. The unnamed street is now known as 44th Street.
McGriff Road is now known as 35th Avenue.
Lying in Indian River County, Florida.
is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remissed and released, with the exception that a 40'
wide drainage and utilities easement centered in the right-of-way
is to be retained, 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
Cr�rlp�� who moved its adoption. the motion was
seconded by Commissioner Wheeler , and upon being
put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird Absent
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Gary C. Wheeler Aye
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t, The Chairman thereupon declared the resolution duly passed and
adopted this- 23 day of October , 1990.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY:
Carolyn Egger , Chairman
Board o County C issioners
AT
TEST YA. ��. EWA-
f WW K rton Cle%
tate of Florida(,
County of Indian Rer
'' I HEREBY CERTIFY that on this day, before me, an officer duly
f authorized in this State and County to take acknowledgements,
F personally appeared CAROLYN K. EGGERT 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.
WITNESS my hand an official seal in the County and State last
aforesaid this �AQC day of 412rg&4 , A.D., 1990.
APPROVEDD� AS TOPLANNING
MATTERS
BY: �.. 61 -"!PW ,! a
Robert M."Keating,'AICP
Director, Community
Development Division
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tsman NVU Ca I Approved
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