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HomeMy WebLinkAbout1969-028RESOLUTION NO. 69- 28 The Board of County Commissioners of hndian River County, Florida, resolves: 1. That the Florida Fast Coast Railway Company filed a Petition with this Board requesting this Board to renounce and disclaim any right of the county and the public in and to the public railroad crossing on the Old Dixie Highway between the Fellsmere Road and Schumann Drive at Railway Mile Post 216 + 20. 2. That Bobby Collins filed a Petition with this Board requesting this Board to renounce and disclaim any right of the county and the public in and to all land or interest therein acquired for street, road or highway pur- poses shown as Pine Avenue on Jenning's Addition to Quay, according to plat recorded in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 4, page 15, insofar as the same pertains to that portion of Pine Avenue between the Quay Dock Road and State Road 5 or U. S. Highway No. 1 as the same now exists. 3. That Ralph Stogner filed a Petition with this Board requesting this Board to renounce and disclaim any right of the county and the public in and to all land or interest therein acquired for street, road or highway pur- poses delineated and shown on the plat of Dixie Heights Subdivision as River- view Road which lies bety •yen Kelly Road and Old Dixie Highway excepting only that portion thereof existing outside of a 50 foot radius at the intersection of Kelly Road and Old Dixie Highway. 4. None of the foregoing described railroad crossings, streets, roads or highways now constitutes or was acquired for a state or federal high- way and none is located within the limits of any incorporated municipality. 5. That on May 7, 1969, this Board did adopt a resolution declarinc that a public hearing would be held to consider the advisability of granting the request made in said petitions and of exercising the authority granted by Section 336. 09, Florida Statutes, and that such public hearing would be Held in the County Commissioners' Room, Indian River County Courthouse, Vero Beach, Florida, at 9:00 o'clock A. M. on June 11, 1969. 6. That this Board did publish notice thereof one time on May 15, 1969, in the Vero Beach Press Journal, a newspaper of general circulaticn in said county, said publication being at least two weeks prior to the date stated therein for such public hearing, as will more fully appear by proof of publica- tion thereof filed in the minutes of this meeting. 7. That said railroad crossings, streets, alleyways, roads or highways as shown and delineated on the above plats are not located within the limits of any incorporated municipality, were not acquired for nor now or heretofore used for -a state or federal highway. 8. That at the time and place stated, this Board did hold the adver- tised public hearing and all persons interested were heard. 9. Action on the Petition of the Florida East Coast Railway Compan as recited in Paragraph 1 hereof is deferred for further consideration at a later date, with instructions to the County Administrator to make a study to deter- mine the feasibility and cost of extending the road on the west side of the railway at this crossing southward to connect with Schumann Drive and to consider the advisability and cost of the necessary alterations to the crossing if it is to remain open, including installation of traffic control signals. 10. The Board of County Commissioners of Indian River County, Florida, does herewith renounce and disclaim any right of the County and the public in and to: (a) Pine Avenue on Jenning's Addition to Quay, according to plat recorded in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 4, page 15, insofar as the same pertains to that portion of Pine Avenue between the Quay Dock Road and State Road 5 or U.S. Highway No. 1 as the sa).ne now exists. (b) All land or interest therein delineated and shown on the plat of Dixie Heights Subdivision as Riverview Road which lies between Kelly Road and Old Dixie Highway excepting only that portion thereof existing outside of a 50 -foot radius at the intcr- section of Kelly Road and Old Dixie Highway. -9- s 0 and does herewith vacate, abandon, discontinue and close all of the above. 11. Notice of the adoption of this resolution shall be published one time within thirty (30) days following its adoption in one issue of a newspaper of general circulation published in the County. The proof of publication of the notice of the adoption of this resolution shall be recorded in the deed records of Indian River County, Florida.