Loading...
HomeMy WebLinkAbout1986-096WHEREAS, on January 13, 1986, the County received a duly executed and documented petition from Mr, and Mrs. William Freeman, 2105 53rd 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 21st Street lying east of 54th Avenue and west of 53rd Avenue within the E1 Vero Villa Subdivision as recorded in Plat Book 4, Page 97 of the Official Records of St. Lucie County, and reserving unto the County an easement for drainage and utility purposes; 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 that certain right-of-way being known more particularly described as: ALL THAT PORTION OF A ROAD RIGHT-OF-WAY KNOWN AS 21ST STREET AS DESIGNATED ON THE PLAT OF EL VERO VILLA SUB AS RECORDED IN PLAT BOOK 4, PAGE 97 ON THE OFFICIAL RECORDS OF ST. LUCIE COUNTY LYING EAST OF THE EAST RIGHT-OF-WAY OF 54TH AVENUE AND WEST OF THE WEST RIGHT-OF-WAY OF 53RD AVENUE, NORTH OF LOTS 1 & 24 BLK 5 AND SOUTH OF LOTS 11 & 12 BLK 2. is hereby forever closed, abandoned, vacated, surrendered, dis- continued, remised and released with the exception that a drainage and utility easement on and over the south 37.5 feet of the parcel described above is 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. it's CC r' Oo RESOLUTION NO. 86-96 980 u ® �v RESOLUTION OF THE BOARD OF COUNTY COMMISSIO S;.4''­ZTNDI RIVER COUNTY, FLORIDA PROVIDING FOR THE CLOSING, AB VACATION OF THAT PORTION OF 21ST STREET LYING EAST 9ONMLN�P, O ® AND WEST OF 53RD AVENUE WITHIN THE EL VERO VILLA SUB AS RECORDED IN PLAT BOOK 4, PAGE 97 OF THE OFFICIAL RECORDS OF ST. LUCIE COUNTY, AND RESERVING UNTO THE COUNTY AN EASEMENT FOR DRAINAGE AND UTILITY PURPOSES. WHEREAS, on January 13, 1986, the County received a duly executed and documented petition from Mr, and Mrs. William Freeman, 2105 53rd 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 21st Street lying east of 54th Avenue and west of 53rd Avenue within the E1 Vero Villa Subdivision as recorded in Plat Book 4, Page 97 of the Official Records of St. Lucie County, and reserving unto the County an easement for drainage and utility purposes; 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 that certain right-of-way being known more particularly described as: ALL THAT PORTION OF A ROAD RIGHT-OF-WAY KNOWN AS 21ST STREET AS DESIGNATED ON THE PLAT OF EL VERO VILLA SUB AS RECORDED IN PLAT BOOK 4, PAGE 97 ON THE OFFICIAL RECORDS OF ST. LUCIE COUNTY LYING EAST OF THE EAST RIGHT-OF-WAY OF 54TH AVENUE AND WEST OF THE WEST RIGHT-OF-WAY OF 53RD AVENUE, NORTH OF LOTS 1 & 24 BLK 5 AND SOUTH OF LOTS 11 & 12 BLK 2. is hereby forever closed, abandoned, vacated, surrendered, dis- continued, remised and released with the exception that a drainage and utility easement on and over the south 37.5 feet of the parcel described above is 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. RESOLUTION NO. 86-96 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 ® 4 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 28th day of October , 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER CO NTY&FRIDA BY: 4 G Don C. Scurlock, Jr ATTEST: Freda WXight, C16kk ' State -of Florida � County- of Indian e I HEREBY CERTIFY that on this day, before me, an cer duly authorized in this State and County to take ackno of edgements, 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 and official se 1 i the Count and State last aforesaid this day of A.D. , 1986. 1 !, tary Pub l c NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP. JULY 8,1950 APPFkP,14D AS T FORM AND LEGAL BONDED THU GENERAL INS. UND. S FIC ENCY , 11 rues vitunac my Attorney APPROVED AS TO PLANNING MATTERS Robert M.-f—eatin , Direor - Planning & De•relo ment 51 c> •i 6 r�J VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida NOTICE PUBLICHEARING i NOTICE OF HEARING ONSIOERABANDONMENT. A PETI- IN . TION FOR THE CLOSING. ABANDONMENT, STREET LYING BE- TWEEN 53RD AVENUE AND VACATION OF 21AND TH AVENUE IN STATE OF FLORIDA THE EL VERO VILLA SUBDIVISION. SAID Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath RIGHT-OF-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: says that he is Business Manager of the Vero Beach Press -Journal, a week) newspaper published g y P P Description: ALL THAT PORTION OF A at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being ROAD RIGHT-OF-WAY KNOWN AS 21ST STREET AS DESIGNATED ON THE PLAT OF EL VERO VILLA SUB AS ✓yJ RECORDED IN 97 4.POFEST. / /.Gfq'1� ON THE OFFICIALT ECORDSK a T LUCIE COUNTY LYING EAST OF THE EAST RIGHT-OF-WAY OF 54TH AVE. NUE AND WEST OF H •(r in the matter of OF -WAY OF 53RD AV NUE ENORTHST F LOTS 1 6 24 ELK 5 AND SOUTH OF , LOTS 11 8 12 BLK 2. A public hearing at which parties in Interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River CourFlorida, in the in the - - -- --Court, was pub- Commission Chambers of the County Adminls- lration Building, located at 1840 25th Street, Vero Beach. Florida, on Tuesday. October 28, 1988, at 9:45 a.m. Anyone whom may wish to appeal any i- fished in said newspaper in the issues of CL-. v sion which may be made at this meeting ill need to ensure that a verbatim record of the pro-- ceedings is made which Includes the testimony and evidence upon wh ch the appeal will be ' based. Indian River County Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Board of County -.ommssionere Vera Beach, in said Indian River County, and that the said newspaper has heretofore By: -s- Don C. Scurlock, Jr. Chairman been continuously published in said Indian River County, Florida, weekly and has been entered Oct. B, 1986 as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of theattached copy of adver- tisement; 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 adver- tisoment for publication in the said newspaper. � `/ � ( -r A. D. - Sworn to and subscribed b fore m this day of-_ - - s (Business Manager) !J (Clerk of fhe Circui! Cou(tAradian River County, Florida) (SEAL)