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HomeMy WebLinkAbout2005 - Vacation of Right of Way Palm Ave Ocean Breeze HeightsRESOLUTION NO. R-05-28 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING A PLATTED RIGHT-OF-WAY FOR PALM AVENUE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Robert R. Collins has filed an application for the abandonment of portions of the platted right-of-way for Palm Avenue, lying adjacent to the FEC Railroad in the area south of Wal-Mart; and WHEREAS, staff analysis finds that no significant public purpose exists for the use of said rights-of-way that cannot be preserved through grant of a drainage and utility easement, and the public interest would best be served by returning the property to the tax rolls; and WHEREAS, the City Council has conducted a public hearing on the matter following due and proper notice; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. FINDINGS. The City Council makes the following findings: (1) No current use of the right-of-way beneficial to the public interest exists; (2) No projected future use or re -use of the right-of-way beneficial to the public interest exists; (3) No adverse impacts on public services caused by the proposed vacation now or in the future can be identified; and (4) No adverse impacts to adjacent properties as well as major areas or land uses currently benefiting from a public service or system that uses the subject right-of-way can be identified. Said findings being conditioned upon grant of a drainage and utility easement back from applicant Section 2. RIGHT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in the right-of-way for Palm Avenue dedicated in the Amended Plat of Ocean Breeze Heights Subdivision as described in the attached Exhibit "A". Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid, unconstitutional or results in a taking of private property, the remainder of the resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid, confiscatory or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said invalid, confiscatory or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This resolution shall become effective upon adoption. The foregoing resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice -Mayor Brian Burkeen Councilmember Lisanne Monier Councilmember Andrea Coy Councilmember Sal Neglia The Mayor thereupon declared this Ordinance duly passed and adopted this 27th day of July, 2005. CITY OF SEBASTIAN, FLORIDA 0 ATTEST: Mayor Nathan B. McCollum Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney .*— ,i j v e V V — %#4r .. v s- lG i= I ) 8& L i C. q .\ C c u i t e L t wt 'T %A V 7 t 1-• C— Exhibit "A" Sketch of Legal Description for Palm Avenue Right -of -Way Abandonment Indian River County, Florida Sheet I Of 2 Not Valid Without All Sheets DESCRIPTION: ALL OF PALMA VENUE AS DEPICTED ON THE AlYIENDED PLA T OF OCEAN BREEZE HEIGHTS AS SHO WN ON THE PLA T THEREOF RECORDED IN PLAT BOOK 2, PAGE 9 OF THE PUBLIC RECORDS OFINDIAN RIVER COUNTY, FLORIDA. NOTES: 1) THE BEARING BASIS IS THE WEST LINE OF PALM AVENUE AS DEPICTED ON THIS SKETCHAND LEGAL DESCRIPTION. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILL USTRA TING THE LEGAL DESCIP TION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS ASSET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61 G17--6, FLORIDA ADMINISTATIVE CODE, PURSUANT TO SECTION 472.0279 FLORIDA STATUTES. LEGEND: RIW RIGHT OF -WAY NO. NUMBER R RADIUS N NORTH L LENGTH S SOUTH CH CHORD DISTANCE E EAST CHB CHORD BEARING W NEST FSM PROFESSIONAL SURVEYOR AND MAPPER A DELTA ABANDONMENT (MVIEW) 414503.DWG CD #49 SKETCH OF L.EGA1. DESCRIPTION NOT VAUD WITHO E SI RE AND "This is NOT a Boundary Survey" ORIGINAL RAI AL 0 LORIDA px"AM BY; LICENSED YOR MAPPER. ASTEIIER MOLER & REED 14TH 1551U]i SERO BELC$ i» 32980 r � G BUSINESS #4644 ROD REED, P.S.M. X3916 Exhibit "A " 'ketch of Legal Description for Palm Avenue Right -of -Way Abandonment Indian River County, Florida Sheet 2 of 2 Not Valid Without All Sheets 14 �1 �" oP . 21 \ Q \L \ \ w m \ 9 \to \ 17 \ ts 13 14 ool \ \ ...................�' E �g 5Z ° GRAPHIC SCALE "`�"' flz. M""` ar 09 �Fe �s►r 100 0 50 100 200 400 ( IN FEET) i inch = 100 fL ABANDONMENT (MWEW) 414503.DWG CD #49 SKETCH OF LEGAL DESCRIPTION NOT VALID WITHO E SIG E AND "This is NOT a Boundary Survey" ORIGINAL R L 0 LORIDA PWAM BY LICENSED YOR MAPPER. MASTELLER, MOLER & REED 2205 JAYS AVENUE VnO BEACH, M 32980 (772) 594-8050 LAND-1Vrif96.LU4%w BvsiNM #45" ROD REED, P.S.M. #3916 QIY OF ^p HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: Vacation of Right -of -Way Request Agenda No. 05-155 for Palm Avenue, Ocean Breeze Heights Subdivision — Resolution R-05-28 City Manager Department Origin: Growth Manage m�nt� Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: July 19, 2005 For Agenda of: July 27, 2005 Memo, Location Map, Staff Report, Grant of Easement, Application, and Public Notice EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY The applicants are requesting the abandonment of Palm Avenue, which abuts the rear of their commercial property along US #1 located at the southwest corner of Jackson Street and US Highway #1. On February 23, 2005, City Council adopted R-05-07, which abandoned the western portions of Madison Street and Jackson Street, perpendicular to Palm Avenue. Surveys indicated Indian River County utilities located within the Palm Avenue right-of-way and the request for its abandonment was removed from the earlier public hearing in February. After careful consideration of the Palm Avenue abandonment request, staff suggested, if approved, the abandoned right-of-way could be dedicated back to the City as a public utility and drainage easement. The applicant would acquire the right-of-way property as additional land but could not build any structures or parking areas within the easement. The easement (abandoned right-of-way) can be used towards open space requirements for the applicant's future site plan, but in return 30,320 sq. feet would become additional taxable commercial property. Total land of the three abandoned right-of-ways would be 1.65 acres added to the tax rolls. The applicant has agreed to grant the easement if the abandonment is approved. Please see the attached memorandum from the city attorney regarding a previous proposed plan to sell the applicants the right-of-way properties. Also, Section 54-1-2.10 of the Land Development Code, incorporated into the staff report, directs the City Council in its considerations of the proposed abandonment. ACTION Hold public hearing. Make a motion to approve vacation of right-of-way with the condition that land becomes an easement. RIVE _ ---- - �t,.t , a , ar` . c� ASSESSED 21 -!N} -3a 0 � - _a,r. & ; �`• to `�~ ,,- '; • + , �' i ;• �■ } ,~ V � F'f�" :12 % ; 40, `, !• ,_W�t, •. r, J �� .6 U.S. HIG 4 M 1191.0 r x O A 9990 S+ 4'T0 Y N n xoo G AU R Doug 01 '' ASSES HN �09900 ' "k � 0 z SED 2�30-3$ • si 't ::o ooaz,4 41 AL, S i �y r •,_ t ► + �; a� pe x . t a'{ N I f fllJ' 7�'�•A �• 0940 'i �k'1�- ' p a S 000:a,a ' � oo00% , j Fw • -, � n;r 8 NO_ i tn0 � aoo .[{ IV yd' a ; ; , y 6000,4 aoo=� a e 4 n W A L' - M A2 T00001 ; me m ' ,e e ' _ ' `.0. 4 000 ],4 ao tEj;AN AVE _. ��� - Cy ; \. 4 "� `_ �'" 4` `^•` y + �" «w 30.0 ;ate 113 ,a. S TG Doo9 ooaa �`z� Q1 `p. vt ' $ • it -� ' ala .ti DREG o 6 aaa9 eaaa ,�•,{ fQ1 '-� • a '�•rv`Fy L'`�+ °a°s'.a�77P.,,+a �� A ESSED 21-3D-3 saa uh., _ iy ' qi1A • " n i!t O 0w a, ♦ ruv.:...p;Y - v+ ' 0000, 2.3 F[,4RIpA-WAy 1 r 004 A. A.B R R Y S l, 1 MN 1 ; ASSESSED 21-30-38 ' �a1 45 , ' � �� 5T RABYNY f ' C° 4� x w Os , COP' i t t 1 6456 Y 0000 A. A. B E R R Y S iJ B 1 0000,4 ' q 'i D� srr� l ASSESSED 21-30-38 ii ; �� ; t , ; e 3mb lb i z 1» 70' ROAD R/W WSON (130TH) STREET COSON STREET 100' R/W i s,1 MCI -M011 031 all T ® 1e1 f 1 40 1 i 0606e 0=0 0000e 0000e ' 06 ' we .02e0 oe,0,a6 atao ryyut„ . ws0+ - mY OF R581TIAN HOME OF PEUCAN ISLAND Growth Management Department Vacation of Public Right -of -Way Request Staff Report 1. Street Name: Palm Avenue 2. Requested Action: Abandonment of street for future site plan development 3. Street Location a. Location: North of the IRC Council on Aging Senior Center on Davis Street running adjacent and parallel to the FEC Railway right- of-way for 760 feet, more or less. b. Legal: All of Palm Avenue as depicted on the amended plat of Ocean Breeze Heights as shown on the plat thereof recorded in Plat Book 2, Page 9 of the Public Records of Indian River County, Florida. 4. Applicant: Robert & Shirley Collins 9235 S. Highway A1A Melbourne Beach, Florida 32951 (321) 953-8667 5. Project Agent: Coldwell Banker Mr. Dan Duffell 1209 US Highway #1 Sebastian, Florida 32958 (772) 589-7777 fax: (772) 388-1227 6 Project Surveyor: Rod Reed, PSM Masteller, Moler & Reed 220514 th Avenue Vero Beach, Florida 32960 (772) 564-8050 7. Application Description: The applicants are requesting the abandonment of Palm Avenue, which abuts the rear of their commercial property along US #1 located at the southwest corner of Jackson Street and US Highway #1. On February 23, 2005, City Council adopted R-05-07, which abandoned the western portions of Madison Street and Jackson Street, perpendicular to Palm Avenue. Surveys indicated Indian River County utilities located within the Palm Avenue right-of-way and the request for its abandonment was removed from the earlier public hearing in February. After careful consideration of the Palm Avenue abandonment request, staff suggested, if approved, the abandoned right-of-way could be dedicated back to the City as a public utility and drainage easement. The applicant would acquire the right-of-way property as additional land but could not build any structures or parking within the easement. The easement (abandoned right-of-way) can be used towards open space requirements for the applicant's future site plan, but in return 30,320 sq. feet would become additional taxable commercial property. Total land of the three abandoned right-of-ways would be 1.65 acres added to the tax rolls. The applicant has agreed to grant the easement if the abandonment is approved. 8. Findings of no public purpose: Per Section 54-1-2.10.c, staff shall review whether any public purpose is served by the subject right-of-way and consider all relevant public purpose options with an abandonment: a. Drainage systems, water service, and sanitary sewer services: With the proposed easement in place, these public services can still be available. b. Roadways: The existing Palm Avenue right-of-way dead -ends to the north, without any other available roadway connection. The 40 -foot width could accommodate a one -lane street design. However, the northern end of the right- of-way contains wetlands, and water and force main lines are already in place, creating hurdles for any design. C. Pedestrian and/or bicycle ways: Again, any proposed sidewalk would dead-end to the north without any connection to another sidewalk. The pathway would be approximately 40' feet from the railroad and behind future commercial buildings, creating public safety and property security issues. Though to the west of the railroad is conservation lands with a possible county park in the future, it would be almost impossible to get a pedestrian crossing from the FEC Railway when a North Louisiana Avenue or Friendship Park access would be much more viable alternatives. d. Alleys: The existing right-of-way would be an ideal alleyway, similar to the CR 512 alley behind the commercial properties on the south. However, this alley would only benefit one property owner, and the issue of construction and maintenance would need to be decided, along with design issues as mentioned above. e. Public safety, including emergency service access and egress: One property would be affected, and any future site plan submitted for the property would have to be designed for emergency vehicle access. Fire Department approval of the design is currently a requirement for any site plan approval. f. Communication systems, power and/or fuel networks, or other public or semi-public services essential to the public welfare and safety: The required grant of easement would allow for any of these needed services to be placed within this area, subject to other code requirements. K 9. City Council Determination: As per Section 54-1-2.10(d), prior to rendering a final decision, the City Council shall consider the report prepared by the Growth Management Department. The City Council shall not approve the vacation of a public right-of-way unless the finding is consistent with the following criteria: 1. No current use of the right-of-way beneficial to the public interest exists; 2. No projected future use or re -use of the right-of-way beneficial to public interest exists; 3. No adverse impacts on public services caused by the proposed vacation now or in the future can be identified; and 4. No adverse impacts to adjacent properties as well as major areas or land uses currently benefiting from a public service or system that uses the subject right-of- way can be identified. 10. Recommendation: After reviewing the staff report and all relevant information, City Council may: a. Deny the request for the abandonment of Palm Avenue, or b. Approve the request for the abandonment of Palm Avenue with the condition that a Grant of Easement for the same abandoned right-of-way be recorded simultaneously with the recording of Resolution R-05-28. i/rs'fos— PREPARED BY zo�viiU(i— 7�it DA 3 GRANT OF EASEMENT This Grant of Easement entered into this day of , 20 , between Robert R. & Shirlev C. Collins, 9235 S. Highway AIA, Melbourne Beach, Florida (hereinafter called GRANTORS) and the City of Sebastian, Florida, 1225 Main Street, Sebastian, FL 32958 (hereinafter called GRANTEE) sets forth as follows: THAT IN AND FOR consideration of abandonment of public right-of-ways and other valuable considerations, GRANTORS hereby give to GRANTEE an easement for drainage and utility purposes, for the use of the lands hereto and those adjoining, over the following real property situate in Indian River County, Florida: All of Palm Avenue as depicted on the amended plat of Ocean Breeze Heights as shown on the plat thereof recorded in Plat Book 2, Page 9 of the Public Records of Indian River County, Florida. This Grant of Easement is for the benefit of the public. This easement shall be binding on the heirs, beneficiaries and assigns of the parties and shall run with the land. IN WITNESS WHEREOF, I have hereunto set my hand this day of 120 Witness Witness State of Florida County of Indian River: Robert R. Collins Shirley C. Collins BEFORE ME, the undersigned authority, this day personally appeared and , who first by me being sworn, say that they are the GRANTORS set forth above and have read the GRANT OF EASEMENT and voluntarily and with full authority entered into the same, and are personally known to me or have produced as identification this day of ,20 Notary Public, State of Florida My commission expires: MAY. 7.2003 10:49AM BLDG DEPT SEBASTIAN City of Sebastian Development Order Application Applicard (If not owner, written authorization (notarized) from owr rjame: Address: Phone Number- (32-1FAX Number. E -Mail: Owner (If different from applicant) Name: Address: Phone Number. ( ) I E-mail: NO. 707 P.2 Permit Application No, Ea O" ' 1, inaep .Wm 0wnWAn000ere1M, FAX Number. ( ) - DAN DUFFELL REAI1ORS (772) 589-7777 X103 BUSINESS (772) 581-3050 AFTER HOURS (772) 388-1227 FAX - . • . 11 Ei I - o ED SCHLITI, L.C. 1209 US # I Sebastian, FL 32958 Type of permit or action requested; II p /, , /I / / L -Wr` 4 i'Y-911/1 .JOH t✓IPt, 7' v � PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR AC710N THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC, SHALL BE ATTACHEO ANO 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL HE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): S, Site Information Address:dJ Jcbe..r4(y �L /itJc'orrrt �fi/d ✓Gc%ro„ > I Lot: Block: Unit Subdivision: Indian River County Parcel * Zoning Classification: C C7 Future Land Use: Existing Use: Proposed Use: C. Description of proposed j� activity and purpose of the requested permit or action (attach extra sheets if necessary): Se e- it.,,ro _X1 -%'h41 14 7I e DATE RECEIVED: /ay/ FEE PAID: DD I Form CD -2001 LARprovad: 08/27/97 RECEIVED BY: MAY. 7.2003 10:49AM BLDG DEPT SEBASTIAN NO.707 P.3 Permit Application No.. D. Project Personnel; ..� Agent: Name: " l /e p Address Phone Number. (77�-) -7 AF -1c t -J 3 FAX Number: i7 } d� -�-�z a 7 E -Mail: Attomey: Name: Address Phone Number. }14 FAX Number: ( } E -Mail; Endneer: Noma: Address Phone Number. } FAX Number- E-Mail: umber. E -Mail. Surveyor: Name: r�Vas l lle� i / drew i 2-0-r /-¢ 1--<41/P U^tae':"� 47evc 4, ,cG 3 Z - Phone Number: (77 2) ,,r6 .¢--,p oro FAX Number. C j E -Mail: .. I, 'Robe, -4 R. e 110, vis , BEING FIRST DULY SWORN* 09POSE AND SAY THAT: I AM THE OWNER AM TME LEGAL RVRE8ENTATIVI; OF THE OWNER OF THE PRoPERrr pE$�RIBED VtIHtCH IS THE 5v8,iBC,T MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA ANO/COR Si ETCHES PROVIDER IN THIS APPUCATION ARE Accu AhO TRUE To B OF KNOWLEDGMAND BELIEF. r SIGNATURE DA SWORN TO ANO SU13SCRIIBED 8EF©RE ME BY 7�o'e�e %� ? ` d.o 41-zllS - WHO IS PERSONALLY KNOWN T9 MFQR PRODUCED �.e,2'�. G-�aa. -;9 71 'q 7 9 -� AS IOFNYIFICA-110N, THIS OfDAY OI= ✓r%f `'� �' e o3 NqTAar TuRE -� PI'�.t AME T i3 !A biPIRES. Jun 17, 2004 14003 OTARY PL Ng" §gARyqftong, IsC, Forrrr CD -2001 aoft Development Ap�prcation APPMved. R 7/91 ReV�St'at'!: File Norma: Doe -MAY. 7.2003 10:49PM BLDG DEPT SEBASTIAN NO.707 P.4 PermitApplicetion No. The following is required for all comprehensive plan amendmen , zoning amendment (including rezoning), site pians, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, Z— THE OWNER(S) . THE LEGAL REPRESENTA11VE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Viae BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE 28OAROTCOMMISSION1 TO PHYSICALLY E ER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNI=CTION WITH MY/OUR PENDING APPLICATION, l/VVE HEREBY WAIVE ANY OBJECTION OR 13EMSE IMF. MAY HAVE, DUE TO THE QUASI-JU01CIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUOING ANY CLAIM OR ASSERTION THAT MY(OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTIMION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MEIUS VOLUNTARILY AND NOT AS A RESULT 41= ANY COERCION APPLIED, OR PROMISES DE, 6Y ANY PL , AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DAiM Sworn to and Subscribed before me by e ZCe' F who is personally known t9 me or produced, P/. 7Z,e Are-. Jgs"a - 97,1.,g 7 =0.;2$ - as identification, this A day of m&IY �, 9 d --T Notary's Signature(:;?Y Printed Name of Notary �,;Sy� �= W. ,o/ Commission NoJExpiration .lAoo Seal: QDJOYCE A. ALLEN MY COMMISSION # CC 934213 EXPIRES: Jun 17, 2004 1.8O0,gKOTAFIY Fl WtW SOPACO & BondlrO tm roan C'O-2001 Pamof 3 Devel'opmZi t Aaplfcatton AWroved: 08/27!97 Revision: Ike Name: Don MAY. 7.2003 10:49AM BLDG DEPT SEBASTIAN Permit Application No. N0.707 P.5 Supplemental Information Streets, abandonment of _ 1. Describe the street to be vacated (attach a legal descdption),_ Y A. f .� t4- d Y4-te- / . L e e�'� 10 ossa X-r1e0 7 Py v c/ 07 J�GJ ►, v � l 4err/ �P1cr;Q 7,O /-- ate4 ✓ ,cel i� G744-11e� _ 2. Why is this abandonment of a street being request? 011 r►��%��4n�/liyli �c4T.`v,ti Lv,' .S'+TliJ%y�,�, a1A-,e1c ,oh" ^ 7" aee .c) le 10/ 0 �e�l n A �'/�i/l !` 2�vy Q�0 �f y 1 V _ 3. Is this street current being used? If so, describe the use:, �o �..) /V0 3 /V0 4.Attech a map showing the location of the street that the abandonment is being requested. Fenn CD -2021 Page i of I SOU" Abandonment ApA, 7 I Revision: File Name: Obbb mved. �7/J9 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA PURSUANT TO SECTION 54-1-2.10(d) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, THE CITY COUNCIL HAS SCHEDULED A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, AT A REGULAR MEETING ON WEDNESDAY, JULY 27TH, 2005, AT 7:00 P.M., TO CONSIDER ADOPTING RESOLUTION R-05-28 VACATING THE PUBLIC RIGHTS- OF-WAY OF PALM AVENUE AS DEPICTED ON THE AMENDED PLAT OF OCEAN BREEZE HEIGHTS AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 9 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE REQUEST FOR ABANDONMENT IS FOR 760 FEET OF RIGHT-OF- WAY, MORE OR LESS, BETWEEN THE RECENTLY ABANDONED WESTERNMOST PORTION OF MADISON STREET AND RECENTLY ABANDONED WESTERNMOST PORTION OF JACKSON STREET, AND RUNNING EAST AND ADJACENT TO THE F.E.0 RAILWAY RIGHT-OF-WAY. ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND PRESENT TESTIMONY WITH RESPECT TO THE PROPOSED RESOLUTION. ALL RECORDS, PLANS AND LEGAL DESCRIPTION OF THE RIGHT-OF-WAY ARE AVAILABLE FOR REVIEW IN THE GROWTH MANAGEMENT DEPARTMENT AT CITY HALL, 1225 MAIN STREET, MONDAY THROUGH FRIDAY, 8 A.M. TO 4:30 P.M. ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS BEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING.