HomeMy WebLinkAbout1985-016RESOLUTION 85-16
® RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, AND
VACATION OF THAT PORTION OF 6TH STREET LYING WEST OF THE WEST
RIGHT-OF-WAY LINE OF 26TH AVENUE, LOCATED IN HALLMARK HOMES
SUBDIVISION, AND RESERVING UNTO THE COUNTY EASEMENTS FOR
DRAINAGE AND UTILITY PURPOSES.
WHEREAS, on November 29, 1984, the County received a
duly executed and documented petition from Janet Waleski of 605
26th 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 6th Street lying west of the west right-of-way line
of 26th Avenue in the Hallmark Homes Subdivision, as recorded
03 in Plat Book 7, Page 9; and
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 testi-
mony 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 or 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 6th
Street, which lies west of the west right-of-way line of 26th
Avenue, as shown in the Hallmark Homes Subdivision, as recorded
in Plat Book 7, Page 9, 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
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:
The south 10 feet of the west 100 feet and the west
12 feet of the south 35 feet of the following de-
scribed parcel of land:
The west 260 feet of the east 10.46 acres of the west
20.46 acres of tract 4, Section 14, Township 33
South, Range 39 East, Indian River County, Florida.
2. Notice of 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 resolu-
tion 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 IVcdtke and, upon
being put to a vote, the vote was as follows:
C _1
•0
Aye
Aye
Aye
Aye
Aye
Chairman Patrick B. Lyons
Vice -Chairman Don C. Scurlock, Jr.
Commissioner Richard N. Bird
Commissioner Maggy Bowman
Commissioner William C. Wodtke, Jr.
The Chairman thereupon called the resolution duly
passed and adopted this 6th day of February
1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Y:
)AW4K B. LY , AIRMAiq
ATTEST:��,Cf.,
FREDA WRIGHT, CLERK
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 PATRICK B. LYONS 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 acknowledged
before me that they executed the same.
WITNESS my hand and official seal iry ,the County and
State last aforesaid this _4Z�64 day of Y
A.D., 1985.
Nota Pub c
NOTARY PUBLIC STATE OF FLOIcIDIC
APPROVED AS FORM AND LEGAL bONDED THRU GENERAL INSURANCE UNDi
SUFFICIEN / ,, MY Co,,Af,11SSION EXPIRES JULY. P. 1986.
BY:
•Atto
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