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HomeMy WebLinkAbout1983-026RESOLUTION 83-26 RESOLUTION OF THE BOARD OF COUNTY COMUSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONUM AND VACATION OF 3RD STREET BETWEEN 17TH AND 18T11 AVENUES, AND RESERVING UNTO THE COUNTY CERTAIN EASEMENT'S MR DRAINAGE AND ® UTILITY PURPOSFS. WHEREAS, on Decen-i>-r 23, 1982, the County received a duly executed and documented petition frorn Robert E. Neeley, of 305 17th Avenue, Vero Beach, Florida, requesting the County to close, vacate and abandon and .ii cnl� 1,E title „— .... —re of t�:.^_ .^.�.:: j' ...:..'.a uic tnii i 1 Uro i:.v allthatportion of 3rd Street lying between 17th and 18th Avenues as shown on the plat of Indian River Heights, Unit 3, as recorded in Plat Book 6, Page 49 of the Public Records of Indian River County, Florida; W TAS, in accordance WITH Florida Statutes S 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, Tor access to any given private property; with the sole exception that a portion of said right-of-way is deeied necessary for drainage and utility purposes as reserved below. NOW, THEREFORE, BE IT RESOLVED r3Y THE BOARD OrCOUNI'Y OOMAISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the Canty and the public in and to that certain right--of-way known as 3rd Street, which lies betwc-\-n the extension of the right-of-way lines for 17th Avenue and 18th Avenue, all as shown on the plat of Indian River Heights, Unit 3, as recorded in Plat Book 6, Page 49 of the Public Records of Indian River Canty, Florida, is hereby forever closed, abandoned, vacated, surrendered, discontinued, remised and released with the exception that the following described drainage and utility easc3ry-�nts are hereby 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: a) AN EASEMM BEING 20.00 FENT IN WIDTH LYING 10.00 FEET CN F:1THF.R SIDE. OF T1E F 11DWING DFSCIUBED CENTFMINES: Begin at the northeast corner of Lot 13, Block "C" as shown on the Plat of Indian River Heights, Unit 3, as recorded in Plat Book 6, Page 49 of the Public Records of Indian River County, Florida; thence easterly along a line parallel with the south line of said 13, a distance of 130.00 feet more or less to a point on the westerly right-of-way line of 17th Avenue as shown on said Plat of Indian River Heights Unit 3, and the Point of Termination of the herein described centerline. AND Begin at a point 63.60 feet north of said northeast corner of Lot 13, said point being on the northerly projection of the east line of said Lot 13, thence westerly along a line parallel with the south line of said Lot 13, a distance of 135.00 feet more or less to a point on the easterly right-of-way line of 18th Avenue as shown on said Plat of Indian River Heights, Unit 3. AND TOGE'T'HER WITH C o '• r rsr ' AN EAogVE3TP BEING 20.00 FEET IN WIDTH LYING TOTALLY WITHIN THE RIGHT-6F-41MY OF 30D STREET AS SHOWN ON SAID PLAT OF INDIAN RIVER HEIGHTS, UNIT 3, WHOSE • WEST AND EAST BOUNDARIES ARE RESPECTIVELY DESCRIBED AS FOLLOWS: Begin at the intersection of a line parallel and 10.00 feet west of, as measured at right angles to, the east line of said Lot 13, Block "C", with ® the south right-of-way line of said 3rd Street; thence northerly along said parallel line to the north right of line of said 3rd Street AND AP.ain at. t}w intPrePrtinn of a lino nara11P1 and in -on fart cast of as measured at right angles to, the east line of said Lot 13, Block "C", with the south right-of-way line of said 3rd Street; thence northerly along said parallel line to the north right-of-way line of. said 3rd Street. 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 FScurlock who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: lO Chairman Richard N. Bird Aye Vice-Chaiiman Don C. Scurlock, Jr. Aye Commissioner Patrick B. Lyons Aye Connissioner William C. Wodtke, Jr. Aye Canissioner Maggy Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of April, 1983. ' BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUIM, FLORIDA ` BY: Attest FRLDA WRIGHT, Fie ler CHARD N. BIRD, Chairman of STATE OF FIARIDA COfRRrY OF IRIDIAN RIVER I IIFMY Ch:'KPIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared RICHARD N. BIRD and MM WRIGHr, as Chairman of the Board of County Cc missioners 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. WinjESS my hand and official seal in the County and State last a/. A. A - aLU1L."aid Lily / ...taay U1E7W%( ti.U. , 1723.3. Nobul RAA&C NOTA 6 P68[IC 5TATE Of rjORIbjl'. BONDED THRU GENERAL INSURANCE UND, ' MY COMMISSION EXPIRES JULY 8 1986 •.0 8t •1. . •• yi, D 1-k - a tr •7 i