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Home My WebLink About1984-023E-A O 0o 386481 nc `] v RESOLUTION ",4-23 STAMPS RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND INTANG VACATION OF THAT PORTION OF 5TH STREET LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF 38TH AVENUE WHICH IS LOCATED IN CLE14ANN ESTATES SUBDIVISION, UNIT 1, AND RESERVING UNTO THE COUNTY TWO (2) EASEMENTS FOR UTILITY PURPOSES. WHEREAS, on December 5, 1983, the County received a duly executed and documented petition from Ronald and Tammy Meeks of 505 38th Avenue, Vero reach, 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 5th Street lying west of the west right-of-way line of 38th Avenue as recorded in Plat Book 3, Page 63. WHEREAS, in accordance with Florida Statutes 5 336.10, notice of a public hearing to consider said petition has been duly published; and i \� WHEREAS, after consideration of the petition, suppor- ting 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; with the sole exception \ that said right-of-way is deemed necessary for 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 5th Street (Avocado Street), which lies west of the west right-of-way line of 38th Avenue as recorded in Plat Book 3, Page 63, 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 utility easements 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: An easement for utility purposes being 10.00 feet in width, described as follows: The West 10.00 feet of Avocado Street (also known as 5th Street) as shown on the Plat of Clemann Estates Unit 1 as recorded in Plat Book 3, Page 63, of the Public Records of Indian River County, Florida. AND ALSO An easement for utility purposes being 10.00 feet in width, described as follows: That strip of land being 10.00 feet in width whose North line is the South line of Lot 1 Block "A", whose East line is the Westerly right- of -way line of 38th Avenue, and whose West line is the East line of the West 10 acres of Tract 6, Section 15, Township 33 South, Range 39 East, Indian River. County, Florida all as shown on the Plat of Clemann Estates Unit 1, as recorded in Plat Book 3, Page 63 of the Public Records of Indian River County, Florida. donK 0688 FA6E 2 5 b 0 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA \.............. ... BY: REDA WRIGHT, CL&rk STATE OF FLORIDA COUNTY OF INDIAN RIVER DON C. SCU LOCK, JR. Chairman I HEREBY CERTIFY that on this day; before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared DON C. SCURLOCK, JR. and FREDA WRIGHT, as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons de- scribed in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official sealin the County and State last aforesaid this l day of A.D., 1984. Notary u lic APFROVEu F Tu r t/t/t/-1114ui N LEGAL WO ARY PUBLIC STATE QF FLORIDA SL`FFICIEN / BONDED GENERAL INSURANCEUNG, / MY COMMISMISSInN EXPIRES JULY $'1988 BY: It ,�., BRANDEURG, _ p� o n y Attorney .'TI On,el:r,; 90 :I lid Z- inn 4851 n3!�1?l:3A c??10a3� 'A08V -JVd ONV )100:' 0a0318 d0i 01.1,1 a e,doi0688N�6E 25b# I 2. Notice of the adoption of this resolution shall 40 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 Hooks of Indian River County without undue delay. The foregoing resolution was offered. by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Maggy Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 21st day of March , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA \.............. ... BY: REDA WRIGHT, CL&rk STATE OF FLORIDA COUNTY OF INDIAN RIVER DON C. SCU LOCK, JR. Chairman I HEREBY CERTIFY that on this day; before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared DON C. SCURLOCK, JR. and FREDA WRIGHT, as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons de- scribed in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official sealin the County and State last aforesaid this l day of A.D., 1984. Notary u lic APFROVEu F Tu r t/t/t/-1114ui N LEGAL WO ARY PUBLIC STATE QF FLORIDA SL`FFICIEN / BONDED GENERAL INSURANCEUNG, / MY COMMISMISSInN EXPIRES JULY $'1988 BY: It ,�., BRANDEURG, _ p� o n y Attorney .'TI On,el:r,; 90 :I lid Z- inn 4851 n3!�1?l:3A c??10a3� 'A08V -JVd ONV )100:' 0a0318 d0i 01.1,1 a e,doi0688N�6E 25b# I VERO BEACH PRESS -JOURNAL Published nnlly 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 !1P 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 r a •uv in the matter of jfi2z G/,, 7,1-2-7 in the Court, was pub- lished in said newspaper in the issues of--- 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.corporation any discount, rebate, commission or refund for the purpose of securing this adve(lisement for publication in the said newspaper. Sworn to and subs 'bed fore IN 10 a� day of A.D. 19 �/ sinyss Manao9r) (Clerk of the Circuit C(,urt, &Alan River COL ity, Florida) (SEAL) 1� NOTICt OF ABANOONMBNT was adopted Match 21, 1961, by this Board of Count' CommlWarlen of Ihdlan RMr Cd,n1r, Resides, Closing, vsclpng. and ab .lrtg"TC wWe rtphi-of-way for nth Slreel"weal of 999. Avenue wdtdn Unit 1 of Cmmann Estates Sub- division. ane iesian ft unto the County two 101 wide sasamente located on tee noM and weal idles of said right-of-way. Indian River County . Board of county Comml»lawre . By;•= C. Scurlock Jr. ChMallrtnan Apt. gA 1gs^a ff°eor; 6 f3 8 PAGE 2 5 b VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida 1 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 NOTICE OF PUBLIC HEARINta f NOTICE OF HEARING TO CONSIDER A PET. a TION FOR THE CLOSING, ABANDONMENT AND VACATION OF THAT PORTION C 5TH STREET LYING WET OF THE WEST I ��t�(m =�_ in the matter of ` t/'�� LINE O 38HVENUE OCTED TAVENUE CLEMANN ESTATES SUBDIVISION, UNIT 1. A public hearing at which parties in interest and citizen$ shall have an opportunity to be heard• will be held by the Boartl of Coun missioners of Indian River County, Florida n�he County Commission Chambers of the County in the Court, was pub- Administration Building, located at 18$0 Y51h SlieeMatiQh,�Ver0a Beach, honda. on 'Wednesday, in It an 4 411915 A.M. I y person decides to appeal any A. i-ian mad. ten the ;Co_41 lished in said newspaper the issues ofDOW" _I _ ;-,aver, he will need a record of the proceedings, and for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which intludea testimony and evidence upon which the appeal is based. Indian Hn•er County Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Board of County Commissioners C Scurlock Jr Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore CmKauan Mar. Z, 198A. 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 o1 one year next preceding the lirsl publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or Corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication In the said newspaper. Sworn to and subsc9djed bAbOle_ day of A.D. 19 _4 1 slnnss Manager) - �(Cler ucul ourt, n Ian River County, Florida) (SEAL) ARK r) 6 8 8 Pl1G� ?. 5 b 2