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HomeMy WebLinkAbout1984-050300236 RESOLUTION 84-50 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF THAT PORTION OF 40TH AVENUE BEGINNING AT THE SOUTH RIGHT-OF-WAY LINE OF 14TH STREET AND EXTENDING 60 FEET TO THE SOUTH, AND RESERVING UNTO THE COUNTY A 10 FOOT WIDE EASEMENT FOR UTILITY PURPOSES. w WHEREAS, on June 6, 1984, the County received a duly executed and documented petition from the residents of 40th Avenue between 12th Street and 14th 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 that portion of 40th Avenue beginning at the south right-of-way line of 14th Street and extending 60 feet to the south. 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, sup- porting documents, staff investigation and report, and testimo- ny of all those interested and present, the Board finds that said right-of-wav is not a state or +iyiiway, federal := hway , nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thorough- fare 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 being more particularly described as: I� That portion of 40th Avenue beginning at the south W, right-of-way line of 14th Street and extending 60 feet to the south, is hereby forever closed, abandoned, vacated, surrendered, discontinued, remised, and released excepting an easement for ingress, egress and maintenance of existing utilities, being 5 afeet on either side of the centerline of the 40th Avenue I right-of-way. � 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the �F date of adoption hereof; and IS 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 Bird 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 Absent 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 18th day of. July , 1984. c4-0691 PAGE 112 b BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ® ��F DON C.SCURLO K JR. lrman ..Attest: ?' �2'z �T�l EDWRI STATE OF FLORIDA COUNTY OF INDIAN RIVER A 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 seal is the County and State last aforesaid thisy42day of _ A.D.,/9!'39. APPROVED AS/TO FORM AND LEGAL SUFFICIENC?t- BY:/ RAN B G � Cu�unty � Attorney � i1FffWWAFa racy 1 011C r YY•',>, >� 00TARY PUBLIC S'fAT� OrAORIR BONDED THRU GENERAL INSLI"CE LIND MY COMMISSION EXPIMS.JO 61984. J001( 0 6 9 I iilfiE t "t 2