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Home My WebLink About2005-189 RESOLUTION 2005- 189 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,PROVIDING FOR THE CLOSING,ABANDONMENT,VACATION AND DISCONTINUANCE OF A PORTION OF 42ND PLACE LYING BETWEEN LOTS 42 AND 43 IN THE PINSON SUBDIVISION, RESERVING A DRAINAGE AND UTILITY EASEMENT OVER THE ENTIRE RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY,FLORIDA WHEREAS, on February 14, 2003, Indian River County received a duly executed and documented petition from Fred Wenisch of Deerfield Beach,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 42nd Place between lots 42 and 43 of the Pinson Subdivision, Plat Book 2, Page 94 of the Public Records of Indian River County,Florida, said lands now lying and being in 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: 2 LEGAL DESCRIPTION: THAT PORTION OF THE 20 FOOT ALLEY ADJOINING THE SOUTH LINE OF LOT 43,PINSON SUBDIVISION,ACCORDING TO THE PLAT THEREOF, S AS RECORDED IN PLAT BOOK 2, PAGE 94, OF.THE PUBLIC RECORDS OF INDIAN s RIVER COUNTY,FLORIDA, BEING BOUNDED AS FOLLOWS: J 1. ON THE NORTH BY THE SOUTH LINE OF SAID LOT 43; s t1 C� 2. ON THE SOUTH BY THE NORTH LINE OF LOT 42 OF SAID PLAT OF PINSON H SUBDIVISION; P, 3. ON THE EAST BY A LINE 20 FEET WEST OF (WHEN MEASURED AT RIGHT ANGLES TO ) AND PARALLEL TO THE WEST RIGHT OF WAY LINE OF US aHIGHWAY 1 (120 FOOT RIGHT-OF-WAY WIDTH); 4. ON THE WEST BY THE WEST BOUNDARY OF PINSON SUBDIVISION. Lying in Indian River County,Florida. is hereby forever closed,abandoned,and vacated,except that a drainage and utility easement 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 1710777 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL h BK: 1970 PG:1638, Pagel of 5 12/13/2006 at 08:05 AM, F:\Community Development\Users\CurDev\RESOLUTION\2005 Resolutions\Wenisch ROWA 2005-.rtf 1 JEFFREY K BARTON,CLERK OF COURT RESOLUTION 2005- 189 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 evenly to the adjacent property on either side of the right-of-way. The foregoing resolution was offered by Commissioner Wheel er who moved its adoption. The motion was seconded by Commissioner Davis ;and upon being put to a vote,the vote was as follows: Chairman Thomas S. Lowther Aye Vice Chairman Arthur R. Neuberger Aye ommissioner Sandra L. Bowden Aye Eonmissioner Wesley S. Davis Aye ' �9��Y fi• CW' 9 4 commissioner Gary C. Wheeler Aye l' Tl�e Cha>.rman thereupon declared the resolution duly passed and adopted this 15th day ofNoyemb_r1005. ,x I e frey K. Barton BO OF COUNTY COMMISSIONERS County of Indian River INDI VER COTV,FLP RIDA BY: Ud Thomas S. Lowther, Chairman Deputy Clerk U Board of County Commissioners I HEREBY CERTIFY that on this day,before me, and officer duly authorized in this State and County to take acknowledgments,personally appeared Thomas L. Lowther,and 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. WITNESS my hand and official seal in the County and State last aforesaid this 15thday of November A.D., 2005. Notary Publ' i ,?Q 'Pw `_ Kimberly E.Massung APPROVED AS TO LEGAL SUFFICIENCY _.: �: MYCOMMISSION# DD216503 EXPIRES 7uly 15,2007 BONDED THRU TROY FAW INSURANCE,INC BY: William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating,AICP, Dire for Community Development Divi ion FACommunity Development\Users\CurDev\RESOLUTION\2005 Resolutions\Wenisch ROWA 2005-.rtf 2 Legend (P) = PUT C CALCULATED UN PLAT TED BE KW 8455 (ASSUMED) NBO'00'OO'N 137.30' ? L0r 4s �. r a' C Q It43LL, W cLA r m O tl� S LNE LOT 43 o, N90'00'00'W 128.90' m g N90'00 00 E 108.87' u Described Psroel a 20' Cn 20'ALLEY PD?PLAT N J S90'00'00'W 104.45' REMAMER OF N9900'00 124.53'(P) 20ALLEY K UNE LOT 42 La r 42 �! O Z N O z �p Z ? N � g r v 42ND STRaT Description That portion of the 20 foot alley adjoining the South line of Lot 43, Pinson Subdivision, according to the Plat thereof, as recorded in Plat Book 2, Page 94, of the Public Records of Indian River County, Florida, being bounded as follows: 1. on the North by the South line of said Lot 43; 2. on the South by the North line of Lot 42 of said plat of Pinson Subdivision; 3. on the East by a line 20 feet West of (when measured at right angles to) and parallel to the West right of way line of U.S. Highway No. 1 (120 foot r/w width); 4. On the West by the West boundary of Pinson Subdivision, Notes- GRAPHIC SCALE 1. This is not a survey. 0 15 30 60 2. Reproductions of this sketch are not valid unless it bears, the signature and original raised seal of a Florida licensed (IN FEET) Surveyor do Mapper. 1 inch = 30 feet Sketch of Description XILUALW William B. Zentz & Associates, Inc. JOB No. 101-297 Frof"&brW 81rveyors&AiApp" CERnFICATE OF.AnMaZATION (LB) No. W40 cj A47E ) � 684 Old Dixie Highway _ �3 91 12105 Vero Beach, FI 32962 — Phone: (772) 567-7552 W?U60'41 E. 4_Pt.s SHE£r OF Fax 772 567=1751 REOS"IEF.ED M, `. AVE-tOR N0. 5276 ( ) SrniF of FLOJ1 1 NQTICEiOF Qk rte: SCRIPPS TREASURE COAST PUB"�"EAR'NG WA N E1n/S PAP NEWSPAPERS Nbfica of hearing fi^eon `seder a rpeution'fothe xclosing, :abandonment; Vero Beach Press Journal taontln ovfa14Zga'FPlacIauim Ateak ipor; lying 0, , a01 42oPnn 1801 U.S. 1, Vero Beach, FL 32960 t son P.ark,ras�record"eddjn fPlafBookai2Faga484ie= AFFIDAVIT OF PUBLICATION �tservinigcertainrlghtsfi SCRIPPS HOWARD r .the countyr� � t!Lying6andgbj6i' n Indjan ?`Rlver,,,,��County��Florida E+4more `partcUlarly Ivde I RscnbeQ@ follows ?;¢ + STATE OF FLORIDAoc ` COUNTY OF INDIAN RIVER �OESCRIPTION THg7 �POfiTION�"sOF�,�THE��20 Before the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside SalesFOOT ,ArLLEYgADJ01N Manager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the PING THESOUTNL'INE attached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says jmw OF4 I �LOT 43�'' PINSON that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that P PSUBDIVISIONiyUQC0RD said newspaper has heretofore been continuously published in said Indian RiverCounty,Florida,daily and distributed in Indian INGF TO b THE g PLAT, River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and `THEREOF:�ASr'�RECORD` affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or 1PAGEN94P;,OF4 THE00r2' refund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has Ci.LIC RECORDS OF a INDI; been entered as Periodical Matter at the Post Offices in Vero-Beach,Indian River County,Florida and has been for a period of ku� } one year next preceding the first publicationn-of the attached co of advertisement. QNa��00 r„ COUNTY; y p g p copy T RIEING' �BOUNDEDz AS` '�F�s �'a1:ONTHEi�� NORTHzzBY. TiL:� UTH LINES OF ;rS'AID LOT 143,-', SpUTHrt�.',�BY Ad Pub THE ,NORTH ;LINEyOF, L`OT 42 DOFF SAID PL 4T Customer Number Date Copyline PO# gFPwsoNsuB�DIVI; �SION ' �"ss ' 3!ON�4THE` EAST ;BX A' I R C PLANNING DEPT/DISPLA 1255727 10/28/2005 NOTICE OF HEARING ABANDON 42ND PLACE LINEJ20 FEET WEST,OF s'.r1WHENMEASURED�AT NRIGRT9r�ANGLES,��T0, I` f;AN �I? R CELRTO�THE WEie STXRIGHT,�OFg4;WA_ ]20 fFUINEk 0OT� IRIGHT OF w x 4:ON kTHEr^WESTBY°;, OF: PIN$ONrbSUBDIVI A,publsc heanng4at which pa ties"in rmterest and i ;stizensWl all, have pan" �opportunrtytobe heard21, �awjll s be'�`held�3bythe Board .ofCounty'tt`Com missloners oy "Intllan Rrvef County FI n iR the Courity`Commjsslon Ghambers;ofthe County Administrations rBwIdip! locateds bra "k18 O f 25#' Street? Verb��Beach Subscribed and sworn to me before this date: Flontlaon�TuesdaysNo- vember5 2005 at�9 0Q: am a1;yy October 28, 2005 Anyonejwt�o�mayopi Lttgl. ;appeal "'any decision ,which mayf7be 3madot,, • • thismeetingwdl't,needg toyensurey'�that ZaY�erba r tim" recocd�ofthe ceedings,ls`made,xwfilch ;<includes 4the�tesUmony andrs��evidence:T Jtipon / �whlch,theppeal willrbe' INDIAN RIVER COUNTY��, ( BOARD OF COUNTY- , MI COMSSIQWHR BY s Thomas SY NotaryPu iIC L`owth�er Chavman `' ��' MARY T BYRNE Pub October 28 2005 NOtary Public- �tf �325727 my commasibn . Commm18810n 9 D0132M Bonded By National NotaryAssn. SCRIPPS TREASURE COAST _ N0TICE0 .> ABANDONMENT.'; NEWSPAPERS Nonce .S -hereb Y 9iveh that Resplution 2005;189 Vero Beach Press Journal: Was adopted by ,'tfie Board of County 1801 U.S. 1, Vero Beach, FL 32960 commissioners,of�`liidian River " CountyFlorida AFFIDAVIT OF PUBLICATION Closings vacating, and SCRIPPS HOWARD abandOnmg$a portion;of 42nd t Place lying .between dots 42 hand;;43 m`„ thePin's'on Subdrvi? sidn'as described m f above eferenced STATE OF FLORIDA lution ;kand kiresening COUNTY OF INDIAN RIVER Coun n x rghts"oto fhe Before the undersigned authority personally appeared,S.Darlene Mailing,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 Indian Rives County attached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says Board of,County that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that Commissioners' said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian BY s ThomasS Lowther' River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and I s` Chairmana Y affiant further says that she has neither paid or promised any person,firm,or corporation any discount,rebate,commission or IP,ublish r Decembe` �' refund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press.Journal has 2005 been entered as Periodical'Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for period of 1277567 one year next preceding the first publication of the attached copy of advertisement. ^` Ad Pub Customer Number Date Copyline PO# I R C PLANNING DEPT/DISPLA 1277567 12/1/2005 NOTICEOFABANDON NOTICEOFABANDON Subscribed and sworn to me before this date: December 01, 2005 Notary Public `,�'�'Rr""'•.,, MARY T BYRNE Notary Public-State of]Assn. , •_MYComm't�f E0Q Commmisaion 9 OD13 Bonded By National Notar