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HomeMy WebLinkAbout1987-121.� .. rest Lo: 9/1 RESOLUTION NO. 87 - 121 qRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR TILE CLOSING, ABANDONMENT, AND VACATION OF A PARCEI, OF RIGHT-OF-WAY KNOWN AS A PORTION OF GIFFORD DOCK ROAD FROM A POINT APPROXIMATELY 4,900 FEET EAST OF THE EAST RIGIIT-OF-WAY LINE OF U.S. HIGHWAY #1 AND EXTENDING NORTHEAST A DISTANCE OF APPROXIMATELY 1,280 FEET. WHEREAS, The County has received a duly executed and documented petition from Grand Harbor, Inc., 660 Beachland Blvd., 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 Gifford Dock Road from a point approximately 4,900 feet east of the east right-of-way line Of U.S. Highway #1 and extending northeast a distance of approximately 1,280 feet; and WHEREAS, in accordance with Florida Statutes 5336.10, 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 continuity of the County's street and thoroughfare network, nor access to any given private property; and WHEREAS, the petitioner agrees to convey by deed to the County the subject right-of-way herein abandoned; and WHEREAS, said deed, copy attached hereto as "Exhibit A", contains a clause whereby the subject right-of-way will revert to the petitioner upon specified performances and approval by the County of said performances. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 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: THAT PART OF THE EXISTING GIFFORD DOCK ROAD LYING IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSIIiP 32 SOUTH, RANGE. 39 FAST, INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT THAT PORTION OF SAID ROAD IN THE SOUTH 50 FEET AND THE EAST 50 FEET OF THE EAST HALF OF SAID SO1T11WHST QUARTER OF SECTION 24. is hereby forever closed, abandoned, vacated, surrendered, dis- continued, remised and rclea:,ed. 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 Statutes 5336.10 in the 'Official Record Books of Indian River County without undue, delay. 4. The County hereby accepts from the petitioner the above d(::scrihad doed for the subject right-of-way, dopy ,rttached hereto as "Exhibit. A". 48 The foregoing resolution was offered by Commissioner GgKert who moved its adoption. The motion was seconded by Commissioner Bir(_• _ , and upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Absent - Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Absent The Chairman thereupon declared and resolution duly passed and adopted this 22nd day of September , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIANN RIVER COUNTY, FLORIDA '' BY: _�I. , _'z - z A Don C. Scurlock, Jr. airman Board of County Comm ssioners ATTEST: Freda Wright, Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, Personally appeared DON C. SCURLOCK, JR. and FREDA WRIGHT, as Chairman of the Board of. County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they execut(!d the same. WITNESS my hand and pfficial se in the County and State last aforesaid this^*qday of A.D., 1987. Ota Public AD1(p'1 P9PI IC STATE V TIM NY (r"Inl IDN [ro, JULY 6,197D SOVIED 11,x1 GERFRAI INS. L". APPROVED AS TO FORM APPROVED AS TO PLANNING AND LEGAL, SUFFICI :NCY MATTERS Charles Vitunac Robert M. Kea ing Director County Attorney Planning & Develo ment 49