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RESOLUTION NO. 88 - 39
RESOLUTION OF THE BOARD OF COUN'T'Y COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT AND VACATION OF ALI, OF THAT PORTION OF 121ST
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. 121ST AVENUE NOW KNOWN AS 89TH DRIVE.
WHEREAS, on April 26, 1988, the County received a duly
executed and documented petition from Frank Perone requesting the
County to close, vacate, abandon, and disclaim any right, title
and interest of the County and the public in and to close, vacate,
abandon, disclaim any right, title and interest of the County and
the public in and to all that portion of 121st 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. 121st Avenue now known as 89th Drive.
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 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 that portion of 121st 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.
Subject to a 20 foot -wide easement lying 10 feet on
either side of the centerline of the said street. Lying
in Indian River County, Florida.
is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remissed and released, with the exception that
a 20' wide utilities and drainage easements 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
Statutes §336.10 in the Official Record Books of Indian River
County without undue delay.
The foregoing resolution was offered by Commissioner Eggert
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote as as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Gary C. Wheeler dye
Commissioner Richard N. Bird Xye�"
Commissioners Carolyn K. Eggert �Cye
Commissioner Margaret C. Bowman
4II1b
U®
e
The Chairman +-hereupon declared the resolution duly passed
and adopted this 7th day of June , 1988.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: 12
Don C. Scurlock, Jrl. ghairman
Board of County Coi6 ssioners
ATTEST:'-Aek e 4 C
Fred 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 acknowledgements,
personally appeared DON C. SCURLOCK, JR., and F$ -AA Ri9'jj , 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 Qkday of 9 „AA,. , A.D. , 1988.
1 64A^
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY: /J . W(lj`*:v7-
V:-- Charles Vitunac
419e -County Attorney
1Jo ry Publi:dOU
/ I
NOTARY PUBLIC STATE OF FLORIDA v
NY COMMISSION Exp, JULY 0,1990
AP P ROV E ADMREDSI'T6' NftA11NgNG
MATTERS A
BY: —
Rb -b ert M. Keat-ing',7 AI
Director, Communi •y
Development