HomeMy WebLinkAbout1983-064RESOLUTION 83-64
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA PROVIDING FOR THE CLOSING, ABANDONMENT, AND
VACATION OF 17TH STREET BETWEEN 43RD AND 44TH AVENUES, AND
RESERVING UNTO THE COUNTY AN EASEMENT FOR DRAINAGE AND UTILITY
PURPOSES.
WHEREAS, on January 17, 1983, the County received a
duly executed and documented petition from Dena Lysne Rockey of
P.O. Box 2103, Valdosta, Georgia: Lynn Ann Lysne, of P.O. Box
270.1, Vero Beach, Florida; William E. Orth, Jr., of 1650 44th
Avenue, Vero Beach, Florida; and James N. Orth, of 6815 49th
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 17th
Street lying between 43rd and 44th Avenues as dedicated by
Margaret Clemann in Deed Book 74, Page 178.
WHEREAS, in accordance with Florida Stat,tes 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 sta'..e 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; with the sole
exception that said right -of. -way is deemed necessary for
drainage and utility purposes as reserved below.
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 known as 17th
Street, which lies between 43rd Avenue and 44th Avenue as
recorded in Deed Book 74,'Page 178, of the Public Records of
Indian River County, Florida, is hereby forever closed,
abandoned, vacated, surrendered, discontinued, remised and
released with the exception that the following described
drainage and utility easement is 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:
An easement being 30' in width being 15' on either
side of the center line of the extension of. the
17th Street right-of-way, described as follows:
From the Southeast corner of Tract 16, same being
the Southeast corner of Section 4, Township 33
South, Range 39 East as shown on the last General
Plat of Lands of the Indian River Farms Company and
recorded in Plat Book 2, page 25, Public Records of
St. Lucie County, Florida, run West along the South
line of. said Tract 16 a distance of 40 feet; Thence
run North and along the West right-of-way of 43rd
Avenue a distance of 635.43 feet to the point of
beginning; Thence run West a distance of 285.5 feet
to a point on the West line of the East 10 acres of
said Tract 16, said point lying 630.51 feet North
of the Southwest corner of said East 10 acres; Thence
run North along the West line of said 10 Acres a
distance of 30 feet; Thence run East a distance of
285.5 feet to the West right-of-way of 43rd Avenue;
Thence run South along said right -of. -way a distance
of 30 feet to the point of beginning.
Said lands now lying and being in Indian River
County, Florida.
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
Scurlock who moved its adoption. The motion was
seconded by Commissioner
Lyons and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
Commissioner Maggy Bowman Aye
The Chairman thereupon declar;d the resolution duly
passed and adopted this 7th day of September 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: G��\ld%
RICHARD N. BIRD, Chairman
Attest: a/ I
FREDA WRIGHT, yerk
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 RICHARD N. BIRD 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 executed the same.
WITNESS my hand andofficial s al in he County and
State last aforesaid this � day of 2A.D., 1983.
Notary Pu is
APPROVED A TO EGAL NOTARY PUBLIC STICTE b /
SUFFICIEN THRU GENERAL INSURANCE UNq'
CO;AMISSION EXPIRES JULY 9 198
By:
M. BRANDEN URG,
my Attor