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HomeMy WebLinkAbout2005-182 r RESOLUTION 2005- 182 LR c. Co vhw•�°'� p-t' �--r RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF COCO PLUM LANE LYING WEST OF FRANGIPANI DRIVE, RESERVING AN EASEMENT OVER THE ENTIRE RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY,FLORIDA WHEREAS, on November 29, 2004, Indian River County received a duly executed and documented petition from Stewart Ward,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 Coco Plum Lane lying west of Frangipani Drive as shown on the plat of the Oceanaire Heights Unit 2 subdivision and recorded in Plat Book 4,Page 4 of the records of Indian River County, Florida; and WHEREAS,in accordance with Florida Statutes 336.10,notice of a public hearing to consider said petition was 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 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: THAT PORTION OF COCO PLUM LANE LYING WEST OF THE WEST RIGHT-OF-WAY OF FRANGIPANI DRIVE EXTENDED SOUTH FROM THE SOUTHEAST CORNER OF BLOCK J TO THE SOUTH PLAT LINE OF OCEANAIRE HEIGHTS UNIT 2, CONTAINING 0.20 ACRES MORE OR LESS, Lying in Indian River County,Florida, is hereby forever closed,abandoned,and vacated,except that an easement over the entire former right-of-way area is expressly reserved for drainage and utility purposes over the entire right-of- way (see Exhibit "A", attached). 2. The closing, vacation, abandonment, of this public right-of-way is in the best interests of the public. 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 1727276 without undue delay. THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF AYTAMMENT INDIAN RIVER COUNTY FL BK: 1994 PG:2396, Pagel of 6 tm FAComuuty Development\Users\Brim[FROW\Coco Plum Lmte\bcc wsolutimimf 02/14/2006 at 12:06 PM, 1 JEFFREY K BARTON',CLERK OF COURT RESOLUTION 2005- 182 5. The right-of-way shall revert evenly to the adjacent property to north and the south. The foregoing resolution was offered by Commissioner Davis who moved its adoption.The motion was seconded by Commissioner Bowden ,and upon being put to a vote, the vote was as follows: Chairman Thomas S. Lowther Aye Vice Chairman Arthur R.Neuberger Aye Commissioner Sandra L. Bowden Aye Commissioner Wesley S. Davis Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted'ths, . 1 sit;' ;day of Nevemb€r 2005. A;1" ATTEST: Jeffrey K. Barton BOARD OF'�CO,LJI TY C- MMISSIOI ERS � of Indian INDIA MER CQUMT�Y f,EQRIl��i!a l g BY: Thomas S��Lowther��g,."- ' Deputy Clerk Board of CountyComrni�ssoners= F.\Community Development\Users\Brian RROW\Coco Plum Lane\bcc resolution.rtf 2 RESOLUTION 2005- 182 I HEREBY CERTIFY that on this day,before me, and officer duly authorized in this State and County to take acknowledgments,personally appeared Thomas S. Lowther ,and 0rj i# MAda. 1, as Chairman of the Board of County Commissioners and Deputy Clerk,respectively,to me kno 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 seal in the County and State last aforesaid this 1 st day of Nnyembpr , A.D., 2005. Notary Publid APPROVED AS TO LEGAL SUFFICIENCY ,�pr'w�A; Kimbery�.Massung *? x` MY COMMISSION# DD216503 EXPIRES ' July 15, o BONDED TH U TROY FAIN I N t)RANCE INC BY: 4 '( , X r� William G. Co ins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, AIC P,�Di ectorCommunity Development epartm t FACommunity Development\Users\Brian F\ROMCoco Plum Lane\bcc resolution.rtf 3 Exhibit "A" LOT 88 t LOT 87 LOT BG I LOT 85 LOT 84 LEGEND OF SURVEY 'PND.GAP ABBREVIATIONS: WE5T UV5 OF FLAT. 8135.0.4'W 70.00 HASE A/C AIR CORDITIDNETE - _ END.L2'PIPE 3 AVE A�auE 10'U TRY t o.1'N. AVG AVERAGE 2A'%L3' - B.B. BEARING BASE .COR.-6'GiI LORANJA—GE E—ASE— T BM SENOR MARK WBLBOULEVARD a NEED TJ Ot R.E5�2lic-D fi - CB CHORD BEARING' O.D. enoRD asTANCE nc � PHASE , 57RRIX DIS - CD CHORD DISTANCE •• CENTERME LTR CLEAR ` CJL CE CONCRETE MONUMENT GMP. CORRUGATED METAL PIPE �c CORNER COURT CONCRER: L2 G LOPOR ON GO 1 DRIVE I LOCATIO_. ._MAP DD® ABANDONED N.T.S. D.B. DEED BOO( Dols. D� O. C 70' R/W LEGAL DESCRIPTION: DRAIN. DRAINAGE LOTS LOT 9 LOT 1 LOT 2 E EAST LAK 1 I THAT PORTION OF COCO PLUM DRIVE LYING WEST EASE EASEMENT omLEOTRII N l OF THE WEST RIGHT-Of-WAY OF FRANGIPANI D. ELEVAm N FLOOR EXTENDEDDRIVE SOUTHEAST WD F� CORNER OFBLOCKJ TO THE SOUTH PLAT UNE E FOA FOUND CONCRETE MONMENT. OF OCEANAIRE HEIGHTS UNIT NO.3. ACCORDING FPL FTpiiDA PGNTN d UTNT TO THE PIAT THEREOF RECORDED IN PIAT BOOK HW GROUND W 04, PAGE 04 OF THE PUBLIC RECORDS OF HW HEAD YDR I ._ Nro RFIREOTI HroRANT _ I I INDIAN.RIVER COUNTY. A BON-Rw- - 1 CONTAINING 0.20 ACRES MORE OR LESS L LDNGRT LB WT SS SURVEY NOTES: POLE M MEASURED �� 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED w MANHOLE ae SOUOffA5T I FOR RIGHTS-OF-WRY AND/OR EASEMENTS OF MH $} CORNER OF RECORD. NON MMaN�NEWT aco o BLOC(U _ 2. NORTH ARROW SHOWN HEREON IS.ORIENTATED N.aV.D.NADORAL GEODETIC Q - VERTICw DATUM END.1' r. FND. 2' - AS SHOWN. FG PAGE d PTP PEAT OFONENTCONTROLPdNT SWM+ - 7O O� .. We57 2lyl✓-T-oC-way I,NA7E-1 3: THIS SURVEY IS CERTIFIED ONLY TO THE BELOW PC POWRVOMENAMED INDIVIDUALS PPIoe �T OF m�N MDG AIT F 4. ELEVATIONS(IF SHOWN) HEREON ARE BASED PRM PERMANENT REFERENCE I ON N.G.V.D: (1929), UNLESS OTHERWISE NOTED. MONUMENT _ - - 5. LEGAL DESCRIPTION SUPPLIED BY CUENT. PROP. PROPOSED PP POWER POLE I D/� `{p/� p `' 6. SO. FT. OF HOUSE(IF SHOWN) SUPPUED BY RT RECORD BY TANGE I FR ENNUI-HNI DISI V� �jpTSTRUCTURES THAT ARE BENEATH THE PT PONT BY PUT OR DEED ,� 35.0' R RADIAL OR RADWS R/W RIGHT OF WAY 29 PAVEMENT S Sam C GO*R/W> - SURFACE HAVE BEEN LOCATED. SEC SECBON - SD.R. SWAM FEET SR. STATE ROAD - ST STREET STTA STµ GENT TELES TETFPHOE COCO PLUM DR. TR TRACT C 70•R/W TWSP TDWNSH U a D UT k DRAINAGE - CERTIFIED TO: W WEST JEFF WARD WF WOOD EFNCE WU WATER'ME�ER ' w WATER VALVE. LOT 11 LOT 10 LOT 16 LOT 15 Unury A. Do u AN OVINE` mElmnED LOTS _ . ALL SET POINTS ARE AB'LONG 05 REHAR WITH CAP LABELED PSM YENµTB NOTE-COUNTY WATER AVALABLE FOR TENS FARM. ALL FOUND CAPS ARE A 5/r ROD WITH A CAP AS LABELED ON SURVEY NOTE-PLOT PLANS ARE NOT TO BE USED FOR CONSTRUCTIONLAYOUTPURPOSES. eA5[flooD EL-eA' THIS DRAWING AND COPIES THEREOF ARE NOT VALID 13 SURVEY TYPE:. - FLOOD ZONE AC - WITHOUT THE SIGATURE AND ORIGINAL RAISED SEAL HAYHURST LAND SURVEYING INC. BOUNDARY/SITE DATE REVISIONS DIT. EFFECTIVE DATE 5/4/bq t OF A FLORIDA UCENSED SURVEYOR AND MAPPER. PANM 14 CERTIFICATE OF AUTHOPMATION NUMBER CL.B. 73G43 DRAWN Bn C,B J4 TD/VM REVISED LEGAL DESCWIIDN CaN INDICATES EMST.ELEVATION . INDICATES PROPOSED ELEVATION 3TTnVEYIIV0 3C MAPPING COMPANY CNEI7CED 91:' W.E:I1 THEM"THM Tw,� ELLS tt SEPTICS NLESS 843 6TH- STREET FIELD soft. - SHOWN. 209 WDICATES LOT DRAINAGE VERO BEACH, FL. 32982 PAGE No 34 UVIN® INDICATES PHONE: (772) 569-6680 ORAlMF7RELD LOT AREA HELD DATE: 9/20/05 ma�,amy N/rI GRAINFIELD AREA .oR TpET *� E. TTA .TliR9sw �0 . e� FAX:..(772) 770-3446 SCALE' 1� 30, ELEVA56SAPURPE:FORCALC. ,.xoAA6 n. a DB Nm 05-936 SCRIPPS TREASURE COAST -� NEWSPAPERS NDT!6 F ABANDONMENTx Vero Beach Press Journal Notice is hereby given; thaf Resolution 2005-.182 was adopted bytfie` 1801 U.S. 1, Vero Beach, FL 32960 Board of County Com missioners of Indian AFFIDAVIT OF PUBLICATION Rover loamy, Florida SCRIPPS HOWARD clong `vacating and aba'ndomng a portion of' CgGo Plums.;Lane lymg'I ; west of '. Frangipani Drive wrth,;e'rtain ngtits reserved=by-�`the county';: STATE OF FLORIDA as ' descubed �m the I erenced COUNTY OF INDIAN RIVER above refreso' lutien Before the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales 81 Manager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,,Florida:that the Indian River County attached co of advertisement was ubished in the Vero Beach Press Journal in the following issues below. Affiant further says Board sof County Com copy p missioners* ' •' that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that gy s`Thomas S Low`' said newspaper has heretofore been continuously published in said Indian River County,Florida;daily and distributed in Indian, they£Chairman, ,.v 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 Pub:November 14j 2005 refund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has 1267014 f 7�r s 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. W Ad Pub Customer Number Date Copyline PO# I R C PLANNING DEPT/DISPLA 1267014 11/14/2005 NOTICEOFABANDON NOTICEOFABANDON • Subscribed and sworn to me before this date: November 14,2005 Notary Publi MARY 7Notary � s Notary Public ' MY Comms�on . Commmissio , `+" Bonded By Na SCRIPP TREASURE COAST _ - ' BEFORE THE BOARD OF Nf WS PAP E RS �QSSI COMMISSIONERS Vero Beach Press Journal INDIAN RIVER COUNTY FLORIDA> 1801 U.S. 1, Vero Beach, FL 32960 NOTICEOF INTENT r PUBLIC HEARING AFFIDAVIT OF PUBLICATION '� Notice`of'heanng`to con seder .e�petition-r+fortthe SCRIPPS HOWARD closingr rebantlonmenf and�vasation 'of�a'ipor tion of Coco P.,IumfijLanel lying 'westof Fran ,pi3m Dnver'� m� r Qceanaice STATE OF FLORIDA Heights Unit 2tas`record` COUNTY OF INDIAN RIVER edF{m flat Book 4 Page 4 reserving certain Before the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales nghts to thecounty'� ' Manager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County;Florida:that the r attached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says Lying and being in Indian that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that River County ;Flonda° said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian more',° partmcutarly de River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and scrrybed as follows f{ `:- a * � affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or �r` THAT ,1PORTIO.N i a OFA refund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has COCOPLUM LANE'LY:; been entered as Periodical Matter at the Post Offices in for. Beach,Indian River County,Florida.and has been for a period of ING kaWESTtOF THE' one year next preceding the first publication of the attached copy of advertisement. rWEST RIGHT.OF WAY OF :FRANGIPANI DRIVE EXTENDEDt_�1'�SOUTI,, FROM2THE SOUTHEAST' CORNER OF3 BLOCKr J, 70 THEW,SOUTH PLAT! LINE <OFO OCEANAIRE HEIGHTS UN1; CON'-` ACI Pub TAINING x020'€'``ACRES MORE'OR L+ESS Customer Number Date Copyline PO# A putiliciheanng;�atzwhicli' parties in interest an'd I R C PLANNING DEPT/DISPLA 1250281 10/17/2005 NOTICE OF INTENT ABANDON COCOcitizens�shau G habe an ,opportumty�to�tie heard} 3wiIL ;bet held,�1by.,ltfie; Board: of}County Com= �missioners tofT'�Indiari River::County Flonda.J! the ;County Commission; Chambers,of.the County AtlministreUon uBuildi`rigi located at 1840' i25tfi' Street' "Vefo; Beach ,Flonda on�tTuesday No„ FuemlSer 1` 2.005 att,900 am `' Anyone vdho�kmay wish to- sppeal any����decision; tiwhich: may,,,be,;made;at this£;gmeetingg�rwill„need toa ensure,that::�at verba=, ,ytlm record oft,;the pro=, , ceedirigs,is'made which; lincludes the jtesbmony; I and :k evidences upon C whictib the appeal will be INDIAN RIVER;000NTtiY BOARD OFtCQUNTY ? Subscribed and sworn to me before this date: coMMlssloNE s7 October 17, 2005 Lowther7Cha,rmari Or` October 17 20 ,, "� xNO. " G Notary P blic MARY T. BYRNE Notary Public-State of Florida my Commssion EgOLAAIg tow , 6 Commmission 0 OD132804 „wt�' Bonded By National Notary Assn.