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Home My WebLink About2006-164• r li m d u WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider H said petition was duly published; and RESOLUTION 2006- 164 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION, AND DISCONTINUANCE OF A PORTION OF 94TH COURT (FORMERLY KNOWN AS 133RD AVENUE) LYING NORTH OF STATE ROAD 60 IN VERO TROPICAL GARDENS UNIT 1, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on August 5, 2005, Indian River County received a duly executed and documented petition from Prime Homes at Portofino Village Commercial, Ltd., requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of 94th Court (formerly known as 133rd Avenue) lying north of State Road 60 as shown on the plat of Vero Tropical Gardens Unit 1 subdivision and recorded in Plat 4, Page 75 of Indian River County, Florida, said lands now lying and being in Indian River County, Florida; 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 the subject 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 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 more particularly described as follows: BEGINNING AT THE NORTHWEST CORNER OF LOT 14, BLOCK A, OF VERO TROPICAL GARDENS SUBDIVISION, UNIT 1, ACCORDING TO THE PLAT THEREOF FILED IN PLAT BOOK 4, PAGE 75, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, THENCE RUN S.0°29'58" W. ALONG THE WEST LINE OF LOTS 14 AND 15, BLOCK A, A DISTANCE OF 140.00' TO THE S.W. CORNER OF LOT 15, BLOCK A, SAID POINT BEING A POINT ON THE NORTH LINE OF A VACATED RIGHT-OF-WAY (RESOLUTION #7490, DATED 12-4-74); THENCE N.89°22'00"W. ALONG SAID NORTH LINE A DISTANCE OF 70.00' TO THE S.E. CORNER OF LOT 4, BLOCK H; THENCE N.0°29'58"E. ALONG THE EAST LINEOF LOTS 4 AND 5, BLOCK H, A DISTANCE OF 140.00' TO THE N.E. CORNER OF LOT 5, BLOCK H; THENCE RUN S.89°22'00"E. A DISTANCE OF 70.00' TO THE POINT OF BEGINNING. is hereby forever closed, abandoned, and vacated. (See Exhibit "A", attached.) 2. The closing, vacation, and abandonment of this public right-of-way is in the best interests of the public. 1798382 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2100 PG:553, Pagel of 7 11/14/2006 at 11:25 AM, COURT JEFFREY K BARTON, CLERK OF 1 F:\Community Development\Users\Brian F\ROWA\94th Court\resolution.rtf RESOLUTION 2006-164 3. Notice of the adopting of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 4. 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. 5. The right-of-way shall revert to the adjacent property on the east and west sides of the right-of- way. The foregoing resolution was offered by Commissioner Wheel er who moved its adoption. The motion was seconded by Commissioner Davi s vote, the vote was as follows: Chairman Arthur R. Neuberger Vice Chairman Gary C. Wheeler Commissioner Sandra L. Bowden Commissioner Wesley S. Davis Commissioner Thomas S. Lowther Aye , and upon being put to a Ay e Aye Ay e Ay e The Chairman thereupon declared the resolution duly passed and adopted this 24th day of October , 20.06. ATTEST: BY: Jeffrey K. Barton County of Indian River Deputy Clerk BOARD OF COUNT INDIA RIVER R BY: S+IONERS LOROTA; Arthur R Ne Boardiobunt erger; Cha' Mme, ��z �---ion� omrmsser• I HEREBY CERTIFY that on this day, before me, and officer duly authorl`zedi to take acknowledgments, personally appeared Arthur R. Neu bergepand °+ M� as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, 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. Ind -County -�nd County :uesz WITNESS my hand and official seal in the County and State last aforesaid this 24th day of October , A.D., 2006. /441( Notary Publi ot,244.A..7 ��Y'>G,•., Kimberly E. Massung .: � � 1 MY COMMISSION # DD216503 EXPIRES iui ..-•�„o; July15, 2007 BONDED THRU TROY FAIN INSURANCE, INC. F:\Community Development\Users\Brian F\ROWA\94th Court\resolution.rtf 2 c RESOLUTION 2006- . 164 APPROVED AS TO LEGAL SUFFICIENCY BY: William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, AICP, Dir: tor Community Development Department F:\Community Development\Users\Brian F\ROWA\94th Court\resolution.rtf 3 T -5 s -� i -. I. , --)mil 1 LOT 6 THIS IS NOT A W D z� uJ Q O M N I SURVEY LOT 13 6 50 SCALE: 1"=40' /S.89'22'00"E 70.00' / W o W Z o ,o D/ 0d W / _, w/>/ < / / -2 ,n mtr) Q13) re) W ;� ; O O N/ / Z /V) � 0- // / /N.89'22'00" W. 70.00/ ___.._._._..___.___._ POINT OF BEGINNING N.W. CORNER OF LOT 14 14 ____-_ 15 BLOC< A 4 3LOCK H i 3 BEGINNING AT THE NORTHWEST CORNER OF ACCORDING TO THE PLAT THEREOF FILED FLORIDA, THENCE RUN S.0'29'58"W. ALONG TO THE S.W. CORNER OF LOT 15, BLOCK (RESOLUTION # 7490, DATED 12-4-74); THE S.E. CORNER OF LOT 4, BLOCK H; THENCE DISTANCE OF 140.00' TO THE N.E. CORNER TO THE POINT OF BEGINNING. ` \,/Pr c3��%, ,� I HEREBY CERTIFY THAT THIS DESCRIFTION`AND FORTH IN CHAPTER 610177AOOPTED_BY THE,�� DATE: �Gj-6�,BY �., LOT IN THE "A", THENCE ,OF \`it. -ACCOMP d— rn r rt N Z 0 w D < 0 W DESCRIPTION 16 TROPICAL GARDENS SUBDIVISION, UNIT 1, PUBLIC RECORDS OF INDIAN RIVER COUNTY, 14 AND 15, BLOCK "A" A DISTANCE OF 140.00' ON THE NORTH LINE OF A VACATED R/W SAID NORTH LINE A DISTANCE OF 70.00' TO THE EAST LINE OF LOTS 4 AND 5, BLOCK H A RUN S.89'22'00"E. A DISTANCE OF 70.00' WITH THE MINIMUM TECHNICAL STANDARDS AS SET PURSUANT TO FLORIDA STATUTE 472.027. MICHAEL T. OWEN, P.S.M. 5556. 14, BLOCK A, OF VERO PLAT BOOK 4, PAGE 75, WEST LINE OF LOTS SAID POINT BEING A POINT N.8922'00"W. ALONG N.0'29'58"E. ALONG LO,T;15,1 ,BLOCK H; THENCE ,, /y, ii/f ' ? .. -'c'La — • 4%;,N- `v ..r y .: YI G SKETCH COMPLIES 0 LANDSURVEYORS, =/,�` .,�. 4a ;, ; r '� 1 SKETCH OF DESCRIPTION OF. JJ/� ' ABANDONMENT OF 133rd AVENUE RIGHT OF WAY ��4r 1t�Tra, a�idonment L ,-,r t" . :d 4 Date 12 1* F ••s .....=.' ' hA "' ( .w, I I :r s r J ti ;*1` v � CONSULTING ENGINEERS / & 1 LAND SURVEYORS CULPEPPER & 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 TERPENING.INc. (772) 464-3537 WI" -1`1 1 SCRIPPS HOWARD SCRIPPS TREASURE COAST NEWSPAPERS Vero Beach Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, S. Darlene Broeg who on oath says that she is Classified Inside Sales Manager of the Vero Beach Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer IRC PLANNING DEPARTMENT rtlti xi a":t R - is I;,• , Ad Pub Number Date Copyline PO # .t•a .rv. 1487388 10/10/2006 NOTICE OF INTENT VERO TROPICAL GARDEN Subscribed and sworn to me before this date: Octobe 10, 2006 QS! ffitAltori-4_, Notary MARY T. BYRNE „s07.'4,„Notary Public - State of Florida r My Commission Expires Aug LO Commission # DD 54 ar.to Bonded By National Notary Assn. 1 @Ai SCRIPPS HOWARD SCRIPPS TREASURE COAST NEWSPAPERS Vero Beach Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION TATE OF FLORIDA OUNTY OF INDIAN RIVER efore the undersigned authority personally appeared, S. Darlene Broeg who on oath says that she is Classified Inside Sales lanager of the Vero Beach Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the cached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says at the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that aid newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian iver County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and fiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or :fund. for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach Press Journal has Sen entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of ae year next preceding the first publication of the attached copy of advertisement. :ustomer PLANNING DEPARTMENT Ad Pub Number Date Copvline PO # 1502015 11/2/2006 NOTICE OF RES. 2006-164 ABANDONMENT Subscribed and sworn to me before this date: November 02, 2006 Votary Public MARY T. BYRNE :�"��1 Nottty Public - State of F a t Commidion Expires Aug226b. ?,y •: Commission # DD 544327 Rf.A.`" Bonded By National Notary Assn. Y:. T SFR• ) F Y R '.R,-t�+u,l 4rY• �� ,:w,a� 1BEFOR�E THE BOARD OF COUNTY COMMISSIONERS � * r3 INDIANRIVER COUNTY FLORIDA NOT CE•O PUBLIC+HEAR NG t - Notice hearing to consider at petition for the closing abandonment and vacation of a portion of14th Court (formerly known as1133rd Avenue) lying north; o' _State Road 60 in•Vero Tropical Gardens Unit 1 asrecorded m lat Book 4 Page •75 reservmgiceitain rights.to,the county; '1t -Pq., Lying and being in Iridian River County Florida mor Oa descnbed`as follows. ,.BEGINNING'. AT THE NORTHWEST`CORNER OF LOT; 14 ,,BLOCK ..,,,..,,,:y OERO TROPICAL, GARDENSSUBDIVISION UNIT.1,yA000RDING ,TO THEPPLAT. THEREON • ,IFILED INaPLAT BOOK 4`PAGE 75,'PUBLIC RECORDS OF -.INDIAN RIERyCOUNT?FLORIDA;'THENCE RUN S..0`295874,;ALONG THE+WEST`:LINE:OF:LOTS,1$ rAND(15'BLOCK„A;=AfDISTANGE OF 140'.`00 TO THErS W.,CORNER°OF.,�LOT 15e'''BLOA,CK SAID'.POINTr BEING7AjP01NTi0N THENiH`L` oRTINE OF A VACATE[ ; RIGHT-OF-WAY (RESOLUTION'?#7490 ;DATED,12:474) aTHENCE, N!89'-22 00 W :ALONG SAID}NORTH LINE A' DISTANCE:,1OF„i70 00' TO --THE S E - CORNER .OF -'LOT 4 aBLOCK H THENCE N 0 29 58 E';ALONG THE' -EAST LINE OF LOTS 4 AND§ BLOCK A DISTANCE OF';140 00 TO THE N Ei CORNER:`OF L0T'5, BLOCI, 1i THENCESRUN 5.89 22 00 E` A DLSTANCE OF 70 00'TO THE°POINT OF BEGINNING 1,E.u: ..a',y� - w1,i:i-: is is ;..ra ..'•_; Y a1.t.;�: }':.;.--5.'...'6,''',.'":'''.... :r .�.�... a. ✓. _-. .. .. A public hearing a whiich patties �n interest and citizens"shall have an`opportunity to be heard�wilf.be held by the Board of County,,Commrssioners;ofilndiaf River County rRior da m the CountytdCommission Chambers of the"Couhty'Administration Building located•Pat-;1840 25th. Street Vero Beach Florida' oh Tues- day' October 24' 2006 at 9 00 am ' t qtr r, 'Anyone whogmay wish tozappeal any decision which{may betmadetatthis meeting will need'to ensure that a verbatim record'ofthe proceedis m ingsmade which includes the testimony and e•vidence upon which the appeal will be based : p a x �'�' , INDIAN RIVER'COUNTY f ,s " ' BEARD OF COUNTY COMMISSIONERS+ >B' s'Arthur;;R'Neuberger;Chairman r nt4 ${b as d't3 IL 4 1T x wt a f'r t P:,ybhsh .:Octolier 10; 2006 rx�5'f.h x , mss:- r.:;'„aa.w� , ui;.....E .• .e,arr�,z». _ r. -.:. ,....,.a