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HomeMy WebLinkAbout1962-012OF , �'if 111 10418 J RESOLUTION BE IT RESOLVED by the Board of County Commissioners of India, River County, Florida, that this Board does herewith find and determine as follows: WHEREAS, R. A. WINN and MARY E. WINN, his wife, 'have applied to the Board of County Commissioners of Indian River County, Florida, at their regular meeting on Tuesday, December 5, 1961, to vacate that certain 10 foot easement as shown on Plat of Wyn Cove §ub- division, which plat is filed in the office of the Clerk of the Circuit Court of Indian River County, Florida and recorded in Plat Book 4, page 61, said 10 -foot easement running from the easternmost termination of .Wyn Cove Drive to the Atlantic Ocean, and WHEREAS, R. A. WINN and MARY E. WINN, his wife, have shown that they are owners in fee simple to the title to that property on which the easements are sought to be released and vacated; and WHEREAS, R. A. WINN and MARY E. WINN, his wife, have pro- posed to substitute for said easement an easement over and across the North 10 feet of Parcel A and over and across the West 10 feet of Parcel A, north of Wyn Cove Drive, according to that certain plat of Wyn Cove Subdivision recorded in Plat Book 4, page bl, public records of Indian River County, Florida; and WHEREAS, said Board of County Commissioners, upon proof duly shown, has found that there is not now, or ever has been, any use made by the public of said easement on said plat which is herein sought to be vacated; and WHEREAS, said Board of ®unty Commissioners has found that said property is not located in any incorporated city or town, and that it or the best interest of the public and the owners of said property that sa plat be vacated insofar as the aforesaid easement is concerned; and WHEREAS, said Board of County Commissioners does further find that it was authorized and empowered by Chapter 57-1412, Special 6661 7 PA111623 MITCHELL & MITCHELL. ATTORNEYS AT LAW. VERO BEACH, fLORIOA (look 7 Pac1624 Acts of 1957, by Resolution adopted without Public Notice or Hearing to vacate and abandon and to relinquish and disclaim the rights of the public acquired by dedication or otherwise to any and all rights-of-way, easements or alleys, either conveyed to said County or dedicated to the public by Plat or Deed recorded in said County; and WHEREAS, said Board of County Commissioners has found that Della J. Mitchell is the owner of the property immediately North of the property owned by the Petitioners and that Henry A. West is the owner of the property Immediately South of the property owned by the Petitioners, and that both of said property owners have consented in writing to the vacating and relocation of the easements as proposed in the Petition of R. A. Winn and Mary E. Winn, his wife. NOW, THEREFORE, BE IT RESOLVED that that certain ten -foot ease- ment shown on the Plat of Wyn Cove Subdivision recorded in Plat Book 4, page 61, extending from the Atlantic Ocean along the South lot line of Parcel A for a distance of 288 feet and extending from this point on the Southerly line of said Parcel A in a Northwesterly direction a distance of 128.75 feet to Wyn Cove Drive, be, and the same is hereby vacated, abolished and abandoned, and the rights of Indian River County and the public therein are hereby -relinquished anc disclaimed forever, and there is substituted therefor an easement described as follows: An easement over and across the North.10 feet of Parcel A and over and across the West 10 feet of Parcel A, north of Wyn Cove Drive, according to that certain plat of Wyn Cove Subdivision recorded in Plat Book 4, page 61, public records of Indian River County, Florida. STATE OF FLORIDA-- _ --------------------------- COUNTY OF INDIAN RIVER k,L) BAKER, as Clerk of the Circuit Court and ex -officio Clerk to me .oea yCommissioners of Indian River County, Florida, certify the AAi p copy of Resolution duly adopted by said Board at a Meatiag .r .1 a�tfifegularly called and held on the 6th day of February,4 aid official seal at Vero Beach, Indian River County Fletll�0, dtf�> pMr: H,11�tttary. 1 c tCouAt and ex-omcw �G SW ATMOM f AT .� �DDAAp �filhslonera, i; ties Gountyty