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Home My WebLink About2003-148• r RESOLUTION 2003-148 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF SHORT STREET LYING BETWEEN 134TH STREET AND THE FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY RESERVING AN EASEMENT OVER THE ENTIRE RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on July 22, 2003, Indian River County received a duly executed and documented petition from Adrienne Dissis of Sebastian, Florida, requesting that the County close, vacate abandon, discontinue, renounce and disclaim any nght, title and interest of the County and the public in and to a portion Short Street lying between 134`h Street and the Flonda East Coast Railroad as shown on the plat of the Town of Wauregan subdivision and recorded in Plat Book 1, Page 75 of the records of Brevard County, said lands now lying 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 nght-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: BEGIN AT THE SOUTHEAST CORNER OF SAID BLOCK 52-A, AND RUN S 00°00 00" E ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID BLOCK 52-A A DISTANCE OF 50 FEET THENCE RUN S 90°00'00" W ALONG THE SOUTH LINE OF SAID SHORT STREET A DISTANCE OF 282.90 FEET THENCE RUN N 09°35'22' W ALONG THE EASTERLY R/W LINE OF THE FEC RAILROAD R/W LINE A DISTANCE OF 50.71 FEET, TO THE SOUTH LINE OF SAID BLOCK 52-A, THENCE RUN S 90°00'00" E A DISTANCE OF 291.35 FEET TO THE POINT OF BEGINNING. Lying in Indian River County, Florida. is hereby forever closed, abandoned, vacated, except that the entire former right-of-way is expressly reserved as a drainage and utility easement. (see Exhibit "A", attached) 2. The closing, vacation, abandonment, of this public right-of-way is in the best interests of the public. 1510323 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 1685 PG 558, Pagel of 6 01/23/2004 at 03:12 PM, F:\Community Development \ Users \CurDev\RESOLUT\Short Street Dissis 102203.doc JEFFREY K BARTON, CLERK OF COURT 1 • RESOLUTION 2003-14 8 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 evenly to the property to the north and south. The foregoing resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner Neu b e r ger , and upon being put to a vote, the vote was as follows: Chairman Vice -Chairman Commissioner Commissioner Commissioner Kenneth R. Macht Caroline D. Ginn Fran Adams Thomas S Lowther Aye Aye Aye Aye Arthur R. Neuberger A y e The Chairman thereupon declared the resolution duly passed and adopted this 18th day of Nnvemher , 2003. ATTEST: Jeffrey K. Barton un ' a frith* ver BOARD 0 ' •UNTY COMMISSIONERS INDIA ►_, • ER C FLO BY: BY: ® /`7nneth R. -acht, Chairman Board of County Commissioners I HEREBY CERTIFY fthat on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared Kenneth R Marht , and pAMCIA M,fltIGE4.Y 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. F:\Community Development\Users\CurDev\RESOLUT\Short Street Dissis 102203.doc 2 • • RESOLUTION 2003- 14 8 WITNESS my hand and official seal in the County and State last aforesaid this 18th day of November , A.D., 2003. APPROVED AS TO LEGAL SUFFICIENCY BY: uxt- William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert _ . Keating, AICP, Dir: ctor Community Development Division F:\Community Development\Users\CurDev\RESOLUT\Short Street Dissis 102203. doc Notary Plic :zg°1j0.0 - mzr •••••••••• :.: 'o= Kimberly E. Massung MY COMMISSION # DD216503 EXPIRES July 15, 2007 BONDED THRU TROY FAIN INSURANCE, INC. 3 DESCRIPTION AS FOLLOWS: m mc GRUSENMEYER LEGEND P PLAT F FIELD LP. IRON PIPE LR. PITON ROD C.M. CONCRETE MONUMENT SET I.R. 5/8' I.R. W/SLB 6710 REC. RECOVERED P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT a. "CENTERLINE Mk0 NAL # DISC P/M' RIGHT-OF-WAY ESMT. EASEMENT CRMN. DRAINAGE LITE URUTY C1 FC. CHAIN LINK FENCE 10. F.C. WOOD FENCE C/B -CONCRETE BLOCK P.C. POINT OF CURVATURE P. T. POINT OF TANGENCY D DESCRIPTION B.B. BASE BEARING (SEE /8) A/C MR CONDITIONER P.U. & D.E PUBLIC UTIUTIES k DRAINAGE ESMT. R RADIUS L ARC LENGTH -CENTRA!. ANGLE 01 -CHORD C.B. -CHORD BEARING P.O.L -POINT ON UNE T/P. -TYPICAL PRC. -RADIAL P.C.C. -POINT OF REVERSE CURVATURE RAD. -POINT OF COMPOUND CURVATURE NA. -NON-RADIAL WP. -WITNESS POINT C -CALCULATED W oa°o W Cj toy CZI Cli � �O�T SZ)ICJ QS4Lnwa� oq�4tact),V uslOShEtW WqoE., c11 411 kfts Das41, 0o w ooW Q�' 4144. 41-1 1/264Z5) k,N44 oUw(Th ° ODCohg° OlWor tgtinPA aqVlitnklrti tog LAN oW hh �c`�3oWcWTWcP) Ott)-IvOo Snq Opo o#`04•4 4,Eti01D)Dri ti 0.�o0N�O FEC RR N 09.35.22- 66,27 Rfir 0 to AN BLOCK 52-A VACANT ST CORNER BLOCS 52-A 5000 S 00VD 00" �� 134th 80.STREET(F) SCOTT & WALKER, INC. -LAND SURVEYORS NOTES EREVARD IXXAVTY erne 4175 5 US F ROCKLEDGE PL. J29 311-6J6-1055 J21-636-1404 LB 671C 1. THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6 FLORIDA ADMINISTRATIVE CODE PURSUANT TO CHAPTER 472-027, FLORIDA STATUTES 2. UNLE S EMBOSSED WITH SURVEYOR'S SEAL. THIS SURVEY 5 NOT VALID AND IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. 3. THIS SURVEY WAS PREPARED FROM 1111E INFORMATION FURNISHED TO THE SURVEYOR. THERE MAY BE OTHER RESTRICTIONS OR EASEMENTS THAT AFFECT THIS PROPERTY. 4. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN. 5. THIS SURVEY IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE RELIED UPON BY ANY OTHER ENTITY. 6. DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO RECON TRUCT BOUNDARY LINES. 7. ELEV ONS, IF SHOWN, ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929, UNLESS 0114 {, SE NOTED 8. BE GS BASED ON TH /WEST R/W LINE 134 th ST SAIDINC BEING 00.00 00 W CERTIFIED BY R.L.S. N 362 JOHN W. W ER, R.LS. NO 5362 TOM X. GRUSENMEYER, R.L.S. NO. 4714 JAMES W. f •TT, R.LS. NO. 4801 THIS Bu1LDPNG SPECIAL FLOOD HAZARD ARE PANEL 1 UE JEOTHI ESTABLISHED S IN ZONE: "X" MAP DATE: SCALE 1' - 40' --i FIELD DATE SKETCH 10-13-03 DRAWN BY: /DUB ORDER NO. 25629,4 CHECKED BY: SCRIPPS HOWARD PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Karen Trego, who on oath says that she is a Classified Legal Advertising Representative of the Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Press Journal in the following issues below. Affiant further says that the said Press Journal is a newspaper published at Vero Beach in said Indian River County, Florida and that the 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 attached copy of advertisement; and affiant further says that she has neither paid nor 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 Press Journal has been entered as second class matter at the Post Office 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. Ad # Billin Name Date(s) Matter Of 016"J36( ac /010t7/a3 /3JJ 6-4-4 and sworn to me before this date: 03 R.1s./LJY4,d'rkbelettL,to----. Notary Public BEVERLY M. KEEHNER o My Comm Exp. 10/8/04 No. CC 973628 Personally Known IIOther l.D. NOTICE OF PUBLIC HEARING Notice of hearing to con- sider a petition for the closing, abandonment, and vacation of the seg- ment of Short Street be- tween 134th Street and the Florida East Coast Railroad right-of-way. Lying and being in Indian River County, Florida, more particularly de- scribed as follows: ALL OF BLOCK 52-A, TOWN OF WAUREGAN SUBDIVISION, ACCORD- ING TO THE PLAT FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, IN PLAT BOOK 1, PAGE 75, AND REFILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORI- DA IN PLAT BOOK 1, PAGES 178 AND 179, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORI- DA, LESS THE NORTH 150 FEET THEREOF. PROPOSED VACATION OF A PORTION OF SHORT STREET OF TOWN OF WAUREGAN SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOL- LOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID BLOCK 52A, AND RUN S 00300'00" E ALONG THE SOUTHER- LY EXTENSION OF THE EAST LINE OF SAID BLOCK 52A A DIS- TANCE OF 50 FEET, THENCE RUN S 90'00'00" W ALONG THE SOUTH LINE OF SAID SHORT STREET A DISTANCE OF 282.90 FEET, THENCE RUN N 09'35'22" W ALONG THE EASTERLY R/W LINE OF THE FEC RAIL- ROAD R/W LINE A DIS- TANCE OF 50.71 FEET, TO THE SOUTH LINE OF SAID BLOCK 52-A, THENCE RUN S 90300'00" E A DISTANCE OF 291.35 FEET TO THE POINT OF BEGINNING. 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 County, Florida in the County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Tuesday, No- vember 18, 2003 at 9:05 am. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceed- ings is made which in- cludes the testimony and evidence upon which the appeal will be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -Kenneth R. Macht, Chairman October 27, 2003 353351 WA! 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, Karen Trego, who on oath says that she is Legal Advertising Representative 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 coporation 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 second class 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 Ad Pub Number Date Copyline I R C PLANNING DEPT/DISPLA 399597 11/29/2003 2003-148NANESSA Subscribed and sworn to me before this date: Decerp6er 01, 2003 uic-tf Notary Public BEVERLY M. KEEHNER •,' My Comm Exp. 10/8/04 PO # 0109 NOTICE NOTICE OF ABANDONMENT Notice is hereby given that Resolution 2003-148 was adopted November. 18, 2003 by the Board of County Commissioners of Indian River County, Florida, closing, vacat- ing and abandoning,a portion of Short Street as described in the above referenced reso- lution, with certain drainage and utility easement rights reserv- ed by the County. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -Kenneth R. Macht, Chairman November 29 2003.399597