HomeMy WebLinkAbout1989-079�`g� ''% "�989 79 POOK
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-UG O XRESOLUTION NO. 89 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
THE CLOSING, ABANDONMENT, AND VACATION OF A
PORTION OF 92ND COURT AND 21ST STREET, SAID LANDS
LYING IN INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, on March 9, 1989 the County received a duly executed
and documented petition from- John N. Fountain of Rockledge,
Florida, requesting the County to close, vacate, abandon and
disclaim any right, title and interest of the County and the
public in and to portions of 92nd Court and 21st Street, 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 the County and the public in
and to that certain right-of-way being known more particularly
described as:
All of 21st Street between the East line of Blocks R and
S and the East line of 92nd Drive (128th Avenue as shown on
the plat of Paradise Park Unit No. 3 recorded in the Public
Records of Indian River County, Florida in plat Book 4 Page
34.)
Lying in Indian River County, Florida. -
The East 35 feet of Tract 7 in Section 3, Township 33
South, Range 38 East, of the Indian River Farms Company plat,
as shown on the plat of Paradise Park Unit No. 3, recorded in
Plat Book 4 Page 34 of the Public Records of Indian. River
County, Florida, LESS and EXCEPT that part lying within the
right-of-way of the Interstate 95 - SR 60 interchange, the
said 35 -foot strip more fully described as follows:
Begin at the Northwest corner of the said Tract 7 and
run Southerly, along the East line of the said tract, a
distance of 1109.59 feet to a point in the North line of a
60 -foot wide service road lying North of and adjacent to the
limited -access right-of-way of the Interstate 95 - SR 60
interchange. Then run
Northwesterly along the said right-of-way on an interior
angle of 56045' to the left, a distance of 41.85 feet to a
point. Then run
Northerly, on a line parallel with and 35 feet measured
normal to the first course here described, a distance of
1086.64 feet more or less to a point in the North line of
Tract 7. Then run
Easterly along the North line of Tract 7 a distance of
35 feet to the POINT OF BEGINNING.
Lying in Indian River County, Florida.
is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remissed and released, with the exception that the
entire right width be retained (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 Abstained
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 8thday of August , 1989.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: X _ , e- _J JL__0�
GaryWheeler, Chairman
Board f County Commissioners
ATTEST:
yarton Cl r
State of Florida
County of Indian ver '
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 and o f 2.c a& seal 'n the County and State
last aforesaid this bMlh day of , A.D., 1989.
VAN ary Public
'VOTARY PUBLIC SU OF FLORIDA
RY CORRISSIOA EXP. JULY 8,1980
amp an rFA R L IRS. UNO.
Indigo fitvr Cc Apvmmd Date
APPROVED AS TO PLANNING MATTERS Aa mi r.
FUg31
'dgct t r
BY ti >�. Dept.
Robert M. Kea 'ng, ICP
Director, Co unity Aish Mg-. r ,,
Development Division
�ooK 77
AUG 6 ` 969