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Home My WebLink About1983-1241!n� RESOLUTION Nn 81_124 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF 9TH STREET LYING EAST OF THE EAST RIGHT-OF-WAY LINE a OF 17TH AVENUE LOCATED IN BEL-PORTE PARK SUBDIVISION, AND RESERVING UNTO THE COUNTY AN EASEMENT FOR DRAINAGE PURPOSES. •• WHEREAS, on September 27, 1983, the County received a duly executed and documented petition from Diane and Gerald Resch of 916 17th Avenue, Vero Beach, Florida; Barbara and Karl Hollers, Jr. of 866 17th Avenue, 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 9th Street lying east of the east right-of-way line of 17th Avenue as recorded in Plat Book 5, Page 22. 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 -,r 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 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 9th Street, which lies east of the east right-of-way line of 17th Avenue as recorded in Plat Book 5, Page 22, 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 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 20' in width being 10' on either side of the centerline of 9th Street, as recorded on the Plat of Bel -Porte Park Subdivision in Plat Book 5, Page 22, Public Records of 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 J River County without undue delay. J The foregoing resolution was offered by Commissioner J Lyons � who moved its adoption. The motion was j seconded by Commissioner Bowman and, upon being put i to a vote, the vote was as follows: Book 0 6 18 Pi;GE 2 14 5 • Chairman Richard N. Bird Absent 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 declared the resolution duly passed and adopted this _ day of 3 ,,,,— - I , 1983. •,punt:..,rr, . Attiess: TREDA WRIGHT, glerk "; \N,;,'`.STATE OF FLORIDA BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: HL%f RIC ARD N. BIRD, Chairman ® COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this St_te 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 and official 1 in he County and State last aforesaid this ?D-day of A CtJ A.D., 1983. "M' APPROVED FORM AND LEGAL surrzczE BY: G RY,/M. BRANDENBURG, C unty Attorney Bel -Porte Aband. WORKB Notary ublic - 7 NOTARY PUBLIC STATE -Q LOR!DA , 5'•, r BONDED THRU GENERAL INSURA64UNR, ,•' :�,• My COM1,1ISSION EXPIRES JULY •8,198d'�,.;. - G i 8 F;iliE 2 14 b 40 !8 .t , VERO BE)CH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of --`--�-� -in the_.____-- --Court, was pub- lished in said newspaper in the Issues of d.'• 3 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun• ty, Florida, for a period of one year next preceding the, first publication of the attached copy of advertisement; and affiant further says that tie has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of secunny this advertisement for publication in the said newspaper. ,, ()� Sworn to and subscribe beforq meth' _ day of "-e- A.D. 19 _�-- ,YVY� iness Manayep - (Clerk of the Circuit &urt, i ian River County, Florida) (SEAL) f ILED FOt' '.EWRU 300K ,' 14D 't ;' ABOVL t E 0 19811 JAN 30 AN ID 48 r:r C I i C r t,0UR1 J. r �o.c NOTICE OF PUBLIC HEARING NOTICE OF HEARING TO CONSIDER A PETI. TION FOR THE CLOSING. ABANDONMENT AND VACATION OF THAT PORTION OF 9TH STREET LYING EAST OF THE EAST RIGHT- OF-WAY OF 17TH AVENUE LOCATED IN BEL-PORTE PARK SUBDIVISION. A public hearing at which parties in interest and citizens shall have an opportunity to be heard. will be held by the Board of County ml ICha r danthe county Commission besof the County Administration Building, located at 1840 25th Street. Vero Beach, Florida, On Wednesday, December 21, 1983, at 9:30 A.M. It any person decides to appeal any deci- sion made on the above matter, he will need a record of the proceedings, and for such pur- poses, he may need t0 ensure that a verbatim record of the proceedings is made, which in- cludes testimony and evidence upon which the appeal is based. Indian River County Board of County Commisslones By:-s•Richard N. Bird Chairman Dec. 2, 1983. BOOK O G 18 fti 2 14 0 C VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE Oc FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Voro Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Fior;da; that the attached copy of advertisement, being a in the matter of L L.R�r`�L�7LL>CL� _ in theCC— Court, was pub- lished in said newspaper in the issues of C - r /T 3 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun• ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporatiomany discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. c3 Sworn to and subscribed bef re me this _� day of r A.D. 19 ness Manager) (Clerk of the Circuit Co rt, InV River County, Florida) (SEAL) NOTICE OF ABANDONMENT Notice is hereby given that Resolution 83- 124 was adopted December 21, 1983, by the Board of County Commissioners of Indian River County, Florida, closing, vacating and abolishing the 70' wide right-of-way for 9ih Street lying east of 17th Avenuewithin .1181 Porto Park Subdivision, and reserving unto the County a 20' wide easement, being 10' on either side of the centerline of the 911h Street right-ot-way for drainage purposes. Indian Rivernt Board of CouCnouty Coymmissioners By -s-Richard N. Bird Chairman Dec. 26, 1993. Doom 0 610 f�1GE 2 1 41