HomeMy WebLinkAbout1986-094RESOLUTION NO. 86-94
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA PROVIDING FOR THE CLOSING, ABANDONMENT, AND
VACATION OF TWO PARCELS OF RIGHT-OF-WAY WHERE PARCEL 1 LIES NORTH
OF THE HICKORY LANE RIGHT-OF-WAY AND WHERE PARCEL 2 LIES SOUTH OF
THE IIICKORY LANE RIGHT-OF-WAY, BOTH PARCELS BEING WITHIN THE
HICKORY SANDS SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 64 OF
THE OFFICIAL RECORDS OF INDIAN RIVER COUNTY, AND RESERVING UNTO
THE COUNTY AN EASEMENT FOR DRAINAGE AND UTILITY PURPOSES.
WHEREAS, on June 5, 1986, the County received a duly executed
and documented petition from Mr. and Mrs. Donald Allen, 975 5th
Place, 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 two
parcels of right-of-way where parcel 1 lies north of the Hickory
Lane right-of-way and where parcel 2 lies south of the Hickory
Lane right-of-way, both parcels being within the Hickory Sands
Subdivison as recorded in Plat Book 5, Page 64 of the Official
records of Indian River County; 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, 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 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. All right, title and interest of the County and the
public in and to those certain right-of-ways being known more
particularly described as:
Parcel 1
LEGAL DESCRIPTION FOR RIGHT-OF-WAY ADJACENT TO LOT 8,
HICKORY SANDS SUBDIVISION AS RECORDED IN PLAT BOOK 5,
PAGE 64.
The west 35.00 feet of Hickory Sands as recorded in
Plat Book 5, Page 64, of the Public Records of
Indian River County, Florida, said west 35.00 feet
lying North of the westerly projection of the
northerly right-of-way line of Hickory Lane as
shown on the aforementioned Plat of Hickory Sands.
AND
Parcel 2
LEGAL DESCRIPTION FOR RIGHT-OF-WAY ADJACENT TO LOT 9.
HICKORY SANDS SUBDIVISION AS RECORDED TN PLAT BOOK 5,
PAGE 64.
The west 35.00 feet of Hickory Sands as recorded in
Plat Book 5, Page 64, of the Public Records of
Indian River County, Florida, said west 35.00 feet
lying South of the westerly projection of the
southerly right-of-way line of Hickory Lane as
shown on the aforementioned Plat of Hickory Sands.
is hereby forever closed, abandoned, vacated, surrendered, dis-
continued, remised and released with the exception that drainage
and utility easements on and over the entire parcels described
above 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.
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
Lyons who moved its adoption. The motion was seconded by
Commissioner Wodtke , 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 Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 28thda_y of October , 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDI RIVER CO'NTY RIDA
BY: i c
Don C. Scur ock, Jr
ATTEST:L%l��
Freda Wright, C1 rk
State of Florida
County of d'
I HEREBY CERTIFY that on this day, before me, an off• r duly
authorized in this State and County to take acknow dgements,
personally appeared DON C. SCURLOCK, JR. and FREDA WRIGHT, as
Chairman of the Board of County Commissioners and Clerk, respec-
tively, 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 aofficial se n the Count and State
last aforesaid this � day of �(� A.D., 1986.
APPRO AS TO T�ORM AND LEGAL
SUFF CI NCY /
BY: '
harle Vitunac
County Attorney
N' ary Pfl6lic
NOTARY PUBLIC STATE OF FL .IDA
NY CONNISsION EXP. JULY 80M
APP96ft6"AgEa &'PMANNING
MATTERS
r u -
Robert M. Keating, Dir for
Planning & Devel Amen