HomeMy WebLinkAbout1989-078r
'SMC "j" 'o980" nor 77 P,1�534
RESOLUTION NO. 89 - _78
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
THE CLOSING, ABANDONMENT, AND VACATION OF A
PORTION OF 31ST AVENUE, BETWEEN 6TH STREET S.W.
AND 5TH STREET S.W., SAID LANDS LYING IN INDIAN
RIVER COUNTY, FLORIDA.
WHEREAS, on March 7, 1989 the County received a duly executed
and documented petition from Thomas Aldrich of 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 a portion of 31st Avenue between 6th Street S.W.
and 5th Street S.W., 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 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 t Ile County and the public in
and to that certain right-of-way bein� known more particularly
described as:
All of that part of 31st Avenue (351wide) lying West of Lots
7, 8, 9 and 10 in Block D of Emerson Villas, according to the plat
recorded in Plat Book 3• Page 52 of the Public Records of Indian
River County, Florida.
Said land lying in Indian River County, Florida.
is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remissed and released, with the exception that the
entire right-of-way be retained as drainage and utilities easement
(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.
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
Eggert , and upon being put to a vote, the vote was as follows:
Chairman Gary C. Wheeler Aye
Vice -Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 8th day of August , 1989.
BOARD OF COUNTY COMMISSIONERS
OF INDIIAN RIVER COUNTY, FLORIDA
BY: .L1Aj9uPiW7�,
Gary C wheeler, Chairman
Board f County Commissioners