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HomeMy WebLinkAbout2005-008i RESOLUTION 2005- 008 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF A PARCEL OF LAND BEING A PORTION OF THE COMMON DRIVE ADJACENT TO THE EAST LINE OF LOT 8, BLOCK 18, REPLAT OF WINDSOR BLOCKS 18, 19 AND 20. AS RECORDED IN PLAT BOOK 14, PAGE 23, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on October 29, 2004, Indian River County received a duly executed and documented petition from Carl Grimstad of Vero 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 the common drive adjacent to the east line of Lot 8, Block 18, replat of Windsor blocks 18, 19 and 20. As recorded in Plat Book 14, Page 23, of the public records of Indian River County, Florida . 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: A PARCEL OF LAND BEING A PORTION OF THE COMMON DRIVE ADJACENT TO THE EAST LINE OF LOT 8, BLOCK 18, REPLAT OF WINDSOR BLOCKS 18, 19 AND 20. AS RECORDED IN PLAT BOOK 14, PAGE 23, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 8. THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS EAST. ALONG THE EAST LINE OF SAID LOT 8, A DISTANCE OF 26.37 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND AND A POINT ON THE NORTH WALL OF THE GARAGE LOCATED ON SAID LOT 8: THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE NORTH FACE OF THE GARAGE, A DISTANCE OF 0.66 FOOT: THENCE SOUTH 0 DEGREES 02 MINUTES 51 SECONDS EAST, ALONG THE EAST FACE OF THE GARAGE, A DISTANCE OF 24.11 FEET: THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, AL$THE SOUTH FACE OF THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL . BK: 1837 PG:2203, Pagelof 6 F:\Community Development \Users\CurDev\RESOLUTION\2005 Resolutions \Grimstud - Windsor ROW.rtf 02/21/2005 at 12:15 PM, JEFFREY K BARTON, CLERK OF t COURT 1 RESOLUTION 2005- 008 THE GARAGE, A DISTANCE OF 0.68 FOOT. TO A POINT ON THE AFOREMENTIONED EAST LINE OF LOT 8: THENCE NORTH 0 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID LOT, A DISTANCE OF 24.11 FEET TO THE POINT OF BEGINNING. Lying in Indian River County, Florida. is hereby forever closed, abandoned, and vacated. 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 without undue delay. 5. The right-of-way shall revert to the adjacent property. The foregoing resolution was offered by Commissioner Davi s who moved its adoption. The motion was seconded by Commissioner Wheeler vote, the vote was as follows: Chairman Thomas S. Lowther Aye. Vice Chairman Arthur R. Neuberger Commissioner Sandra L. Bowden Commissioner Wesley S. Davis Commissioner Gary C. Wheeler The Chair man, Jarmarhi ATTEST: eretipon declared the resolution duly passed and adopted this 18th day of Aye Aye Aye Ay e , and upon being put to a DGELY BOARD OF COUNTY COMMISSIONERS INDIAN RItER COUNTyi, FLORIDA BY: L Thomas S. Lowther, Chairman Board of County Commissioners F:\Community Development\Users\CurDev\RESOLUTION\2005 Resolutions\Grimstad - Windsor ROW.rtf 4 RESOLUTION 2005-008 I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared Thoma s S. Lowther , and PATRICIA M. RIDGELY 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 18th day of January , A.D., 2005. APPROVED AS TO LEGAL SUFFICIENCY BY: k4 -.William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Al Robert M. Keating, AICP, 1 irector Community Development Divisi Notary Pldblic Kimberly E. Massung MY COMMISSION# DD216503 EXPIRES ;•<r r . July 15, 2007 BONDED THRU TROY FAIN INSURANCE, INC. F:\Community Development \ Users \CurDev\RESOLUTIONI\2005 Resolutions\Gritnstad - Windsor ROW.rtf 3 SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY SURVEYOR'S NOTES: ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL PARTS THEREOF. 2. THE EAST LINE OF LOT 8 BEARS S 00'00'007E AND ALL OTHER BEARINGS ARE RELATIVE THERETO. LINE L I L 2 BEARING N 90'00'00'E N 90'00'00-W POINT OR • faF IAT DISTANCE 0.66' 0.68' O ui to L 0 0 0 0 0 0 N POINT OF BEGINNING Li W LINE LOT 8 La 0— o- oP 0 N O 0w z O L O 0 v N 0 Z L MIN N 0 O 0 co L2 I • - 10' DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE COMMON DRIVE ADJACENT TO THE EAST LINE OF LOT 8. BLOCK 18. REPLAT OF WINDSOR BLOCKS 18. 19 AND 20. AS RECORDED IN PLAT BOOK 14. PAGE 23. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. SAID PARCEL DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 8. THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS'EAST. ALONG THE EAST LINE OF SAID LOT 8. A DISTANCE OF 26.37 FEET. TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND AND A POINT ON THE NORTH WALL OF THE GARAGE LOCATED ON SAID LOT 8: THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST. ALONG THE NORTH FACE OF THE GARAGE. A DISTANCE OF 0.66 FOOT: THENCE SOUTH 0 DEGREES 02 MINUTES 51 SECONDS EAST. ALONG THE EAST FACE OF THE GARAGE. A DISTANCE OF 24.11 FEET: THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST. ALONG THE SOUTH FACE OF THE GARAGE. A DISTANCE OF 0.68 FOOT. TO 4 POINT ON THE AFOREMENTIONED EAST LINE OF LOT 8: THENCE NORTH 0 DEGREES 00:MINUTES 00 SECONDS EAST. ALONG THE EAST LINE OF SAID LOT. A DISTANCE OF 24.11 FEET TO THE POINT OF BEGINNING. 43-19-03 01-342SD.GCD SHEET I OF 1 *DATE OF SURVEY: 4-07-04 THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RISED SEAL OF THE FLORIDA LICENSED SURVEYOR MAP -'ER NAMED BELOW. •SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE DAVID M. JONES. FLORIDA LICENSE NUMBER LS 3909 (SIGNED AND SEALED) DAVID M . JONES PROFESSIONAL SURVEYOR 6 MAPPER 3899 39TH SOUARE (772)567-9875 VERO BEACH . FL 32960 mumil 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 :afore the undersigned authority personally appeared, Karen Trego, who on oath says that she is Legal Advertising representative of the Vero Beach Press Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida: tat the attached copy of advertisement was publshed in the Vero Beach Press Joumal in the following issues below. Affiant Jrther says that the sald Vero Beach Press Joumal is a newspaper published in Vero Beach in said Indian River County, 'lorida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and istributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of dvertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, abate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Vero each Press Joumal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and as been for a period of one year next preceding the first publication of the attached copy of advertisement. :ustome17—,Ir j/ Ad Pub Number Date Coullinnee STG d`o l /fil o 5 )VjjJc/r• Sub ribed and sworn to me before this date:. Loy Notary Public BEVERLY M. KEEHNER s`-ft,-„Notary Public • State of Florida 4MEjyCommission Expires Oct 8,2038 ;,,F`oo- ° Commission # DD 350432 Bonded By National NotaryAssn. PO # to Y; "sc'ribed as foil ow"s '+"':. A'+FARCE LiOF;::LAND j9E= ING='A^P,ORTION `OFATHE C0M MON,`^^DR IVEt `ADJA= tCENTILT, HE EA. S;T. •LINED,.OF.!LOT;#8, BLOCK i18rREPLAT',0FRWIND- S,0;0B LOCK S,hj 8;.x`,1'.9 1ANOz2Q, ASRECORDED 94 PLATBOOK;14 PAGE. 23;;'OF: THEuPUBLIC'RE= CORDS iOFINDIAN$:RIV,= ERCOUNTY,-FLORIDA IS'ALD- P,,.AtR,C'ELkcD;E" SCRIBEDAS FOLLOWS "r I ,.,T;;;02114iiitAyi.t CO;MMENC EL4AT T,HE; NORTHEAST. CORNER C OIF S All D;"L '8. ';THENCE"SOUTHs8.00-. ,GREES O0s MIN UTES`00 S;E`CAN D ALONG THE;EASTLINE 'OF;SAID,COT'.B -A'`DIS .`TANCErOF^26:37tFEET TO THE :POINT OF„,8E= GINNING OFJ,THE HERE-' IN DESCRIBED,fLARCEL Or.:LAND7`AND9A POINT ONHE NORTH,WALL '2bT `OFrTHE`-GARAGE 'k0; CATED ON%SAID LOT>Eei ';THENCE NOR H 90 00, :4GREES 00 MrNUTES;00 !'ALDNG;gTHE4NOR;TH FACE OF THE. GARAGE A;zDISTANCE%0F 0.'66 .F9O.T.',THENCESOUTH ;O1rr.DE.G REES02iMIN}' SE,CO,NDS hEA'ST �ALDNGeT;HE EAST, FACE,OFTHE,GA.' RAGEiyA,01STANCE>i0F 24S.Pt;::F.EET'i4HE NCE .iiNORTHIi9VDEGREESA0 '',MINUTES%0Q;tSECONDS WEST; •'AL0,N;G„�T;HE r.S.O.U;TH; FACE.0Er:T,HE :GARAGE; .A DISTANCE s0F.ii 0:68; F0OT..ATO_ A P.OINT,90NbTHE*°AFORE; j,MENTIONEDi,EAST LINEI 0F.N L0.jTT:a8THn HEi E1, NORTHyf0 DE0REES00,0 i MINOT,ES500' SEC0t7DS `iEAST„'AEON gATHEt EAST, P BADt DISTANCEu0F 24.y11 ?i°FEET TO",THEkPOINT!OF 8EGINNING `` Y7' : ”' unrgg-uomm;ss;o n; Chambersuof lie'TCounty Ad'Buildingg 1.'''Streete tlyt7i�x+6rh; ero:; Beach ,Fiortda,,on Tuesday',Ja, ''''''''':•'•2005at900am Anyone who may wi0h'to appeal any dec,sjon wh,ch�may be made at this meetmg,wdl need n -. to ensure thatya verbati,n record ,of—the proaeeil ings`3;is made+which:in= he, testimony, d nce.upoh whch the: a ppest will be8bod �f: ,p+� ItNDIAN RIVERlcOUNTYf �;n , BOARD'10F't'COUNT.Y 'COMMISSIONERS '2y0 �r Arthurt,,R .Neuberg; LULU eh' 68600j. SCRIPPS HOWARD SCRIPPS TREASURE COAST NEWS PAPERS 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 thatsaid 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 Matterat 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 914999 1/26/2005 ABANDONMENTNANESSA Subscribed and sworn to me before this date: Jan ry 26, 2005 Notary Public `,,,y, BEVERLY M. KEEHNER V.I. Notary Public = State of Florida ;My Commission Expires Oct 8, 2008 Commission # OD350432 Bonded By National Notary Assn. P0-#