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HomeMy WebLinkAbout1988-034RESOLUTION NO. 88 - 34 Illi RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF �I INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF ALL OF THAT PORTION OF 120TH AVENUE BETWEEN 22ND STREET AND TRACT 5 AS SHOWN ON 111 A PLAT OF PARADISE PARK UNIT #2 RECORDED IN PLAT BOOK 3, �I PAGE 77 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 120TH AVENUE NOW KNOWN AS 89TH COURT. WHEREAS, on February 23, 1988, the County received a duly executed and documented petition from Randy Pensch, 8925 22nd Street, 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 all that portion of 120th Avenue between 22nd Street and Tract 5 as shown on a plat of Paradise Park Unit #2 recorded in Plat Book 3, Page 77 of the Public Records of Indian River County, Florida. 120th Avenue now known as 89th Court. 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 continuity 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 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: All of 120th Avenue Between 22nd Street and Tract 5 as shown on a plat of Paradise Park Unit No. 2 recorded in Plat Book 3, Page 77 of the Public Records of Indian River County, Florida. 120th Avenue is now known as 89th Court. Lying and being in Indian River County, Florida. is hereby forever closed, abandoned, vacated, surrendered, discontinued, remissed and released, with the exception that a 15' wide utilities easement be retained as described in Exhibit A, 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 Statutes 5336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Commissioner Eggert , and upon being put to a vote, the vote as as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Richard N. Bird Aye Commissioners Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 17th day of May , 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: C. Don Scu loco, J hairman Board of County Co ssioners ATTEST: � f Freda Wright, Cn k State of.Florida County of Indian iver I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowl dgements, personally appeared DON C. SCURLOCK, JR., and , 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 executed the same. WITNESS my hand and official seal in the County and State last aforesaid this /*74cday of , A.D., 1988. APPROVED AS TO FORM AND LEGAL �SUFFICI�EENQCY BY: Charles Vitunac County Attorney J4 tary Pu 1 VOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP. JULY 8,1990 BONDED T4RU GENERAL INS. UNB. APPROVED AS TO PLANNING MATTERS o BY: Rbbert M. eat' lg, P Director, Community Development EXHIBIT "A" �I Legal description for utility easement to be located next to and West of Lot 1, Block X, Paradise Park Unit No. 2 as recorded in 11� �I Plat Book 3, Page 77, Public Records of Indian River County, Florida, being more particularly described as follows: From the III Point of Beginning being the Southwest corner of Lot 1, Block X run North 100.00 feet along the West property line to Lot 1 to the III Northwest corner of Lot 1; thence run West 15.00 feet on a line extended from the North property line of Lot 1 to a point; thence run South 100.00 feet on a line parallel to the West property line of Lot 1 to a point; thence run East 15.00 feet back to the Point of Beginning.