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HomeMy WebLinkAbout1989-039t; RESOLUTION NO.` 89 39 ^� k �7 i RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ` OF INDIAN ,RIVER COUNTY, FLORIDA, PROVIDING FOR 3 THE CLOSING, ABANDONMENT, AND VACATION OF 85TH PLACE BETWEEN C.R. 510 AND 46TH AVENUE, SAID LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on February 9, 1989 the County received a duly executed and documented petition from RAY SMITH, 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 85TH PLACE BETWEEN C.R. 510 AND 46TH AVENUE, said lands lying in Indian River County, Florida. WHEREAS, in accordance with Florida Statutes 5336.10, notice of a public hearing published; and to consider said petition has been duly _ 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 i' right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continu- ity 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 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 known more particularly described as: Poinsettia Boulevard, as shown on the replat of Weona Park recorded in the Public Records of Indian River County, Florida in Plat Book 2 Page 17, from the West line of Sunrise Street to the Southeast right-of-way of SR No. 510 (as shown on Exhibits A and B attached, the map entitled "Right -of -Way Map State Road No. 510, Indian River County, Florida" Section 88050-2504, Sheet 1 of- 1, and that map's title Block, respectively.) is hereby forever closed,. abandoned, vacated, surrendered, discontinued, remissed and released, with the exception that a 35' wide drainage and utilities easement centered along the centerline 'of said street 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 5336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner E¢tzert , and upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye ' Vice -Chairman Carolyn K. Eggert Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 25th day of April , 1989. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Y Kv Barton, e tt of Florida f County of Indian R1 er I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgements, personally ;appeared GARY C. WHEELER, 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 officialeal in the County and State last aforesaid this day of ,A.D., 1989. Notary u l c APPROVED AS TO PLANNING MATTERS BY Robert M. Keating, AICP Director, Community Development Division a RESLUTN JWM/cb NOTARY PUBLIC STATE 9► PLONIOR • BY COMISSION EXP. AUG I3,190 BONDED IRRU GENERAL 1N T Aiver Ca Approved Date Admin. Legal Budget Dept. Hisk Mgr. ?%7,a r r Il .•YI1 VERO BEACH PRESS -JOURNAL v� n • i r { Published Daily / t Vere Beach, Indian River County, Florida BOUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath rays that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published it Vero �Beach �In Indian River County, Florida; that the attached copy of advertisement, being 1 %J41� In the matter of mai In the _ Court, was pun- ished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at /ero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore leen 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- t', Florida, for a period of one year next preceding the first publication of the attached copy of rdvertisement; and afflant further says that he has neither paid nor promised any person, firm )r corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. 4&JA.D. iworn to and subscribed before me this J day of 19 n /,+business Manager) R. SEAL) (flert �et�tar+dlan-River bounty, Flora' a(.- ' ft" Public, Slotu of Flory. AAy Commission Expires June 29, 1999 Banded Tisa Tray Fain. awnaeze, I ­ NOTICE OF PUBLIC HEARING Notice of hearing to consider a petition for the closing, abandonment, and vacation of a portion of Poinsettia Boulevard (A.K.A. 85 Place) lying between Blocks 9 A 10 of the Weona Park uG division as recorded In Plat Book 2 Page 17 of the official Public Records of Indian River Coun- 1 said lands lying and being in Indian River County, Florlds• more particularly described as follows: Poinsettia Boulevard, as shown on the replat of Weona Park recorded In the Public Records of Indian River County, Florida in Plat Book 2 Page 17, from the West line of Sunrise Street to the Southeast right-of-way of SR No. 610, as shown on a plan entitled "Right -01 -Way Map State Road No. 510, Indian River County, Flor- ida" Section 88050.2504, Sheet 1 of 1, EXCEPT a 35 foot -wide easement centered along the centerline of sold Street and running to the above mentioned limits. A public hearing at which parties in Interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- misslonsfs In the County Administration Build. Ing, located at 1840 25th Street, Vero Beach, Florida. on Tuesday. April 25. 1989 at 9:05 a.m. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceed - In made• which includes the testimony and evidence udon which the appeal is based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By -s -GARY WHEELER, CHAIRMAN April 5. 1989 j. r 4 f>r,.2q 1 l 411