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HomeMy WebLinkAbout2002-013 33 .00 M�� MMAoo�oso� JEWMKIARTON RESOLUTION 2002-013 N IMAM COM� III din RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN G ` RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 6' WIDE W PORTION OF VIA MARBELLA BOULEVARD WITHIN THE GRAND a HARBOR DEVELOPMENT AND RESERVING THE ENTIRE RIGHT-OF-WAY AS A DRAINAGE AND UTILITY EASEMENT, SAID LAND LYING IN INDIAN -..t RIVER COUNTY,FLORIDA WHEREAS, on July 25, 2001, Indian River County received a duly executed and documented petition from GHA Grand Harbor, Ltd. of Florida, 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 6' wide section of Via Marbella Boulevard as shown on the plat of the River Club subdivision, and recorded in Plat Book 12,Page 64-64E of the public records of Indian c River County, Florida , said lands lying in Indian River County,Florida; and 3 a WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to �v consider said petition was duly published; and 3 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 tv 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 t 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 being known more particularly as: A parcel of land lying in Section 14, Township 32 South, Range 39 East, Indian River County, Florida,being more fully described as follows: Commencing at the Southeast corner of said Section 14,Township 32 South,Range 39 East; thence N53048'21"W, a distance of 1,077.85 feet to the POINT OF BEGINNING;thence N80003'51"W,a distance of 6.00 feet to a point of non tangent .� curve; thence along said curve to the right,which bears S80003'5l"E having a delta --� of 38032'44" a radius of 620.00 feet an arc length of 417.10 feet to a point of compound curve; thence along a curve to the right having a delta of 30°15'29" a radius of 270.00 feet anarc length of 142.59 feet;thence S11°15'38"E, a distance of 6.00 feet to a point of non tangent curve; thence along a curve to the left, which t3� radius bears Sl 1015'38"E having a delta of 30015'29" a radius of 264.00 feet an arc N length of 139.42 feet to a point of compound curve; thence along a curve to the left having a delta of 38°32'44"a radius of 614.00 feet an arc length of 413.07 feet to the POINT OF BEGINNING. 1 \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ABANDON\Via Marbella Blvd.doc RESOLUTION 2002- 013 Containing 3,336.53 square feet or 0.08 acres,more or less. Subject to all easements, restrictions and reservations of record. Lying in Indian River County,Florida. is hereby forever closed, abandoned, vacated, except that a drainage and utility easement is expressly reserved 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 without undue delay. 5. The right-of-way shall revert to the adjacent property. The foregoing resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner Gi nn , and upon being put to a vote, the vote was as follows: Chairman Ruth Stanbridge Aye Vice-Chairman John W. Tippin Aye Commissioner Fran Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye o �v The Chairman thereupon declared the resolution duly passed and adopted this 19th day of ..J February , 2002. CT —0 ATTEST: gfey- •., BOARD OF COUNTY COMMISSIONERS CTS di' ver INDIAN RIVER COUNTY, FLORIDA .. :, BY: "} Ruth Stanbridge, ChAirman Clexk' Board of County Commissioners \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ABANDON\Via Marbella Blvd.doc RESOLUTION 2002- 01 3 I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared Ruth M Stanbridge ., and PATRICIA "PJ" JONE$s 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 19th day of February , A.D., 2002. Not Pub is �'Y ig Fill•,, Kimberly E.Massung ` %: MY COMMISSION#CC655436 EXPIRES ]uy 15,1003 APPROVED AS TO LEGAL SUFFICIENCY ••%I°,RRM"W, BONDED THRU TROY FAIN INSURANCE,INC BY: ;/' )"� G William G. Collins, Deputy County Attorney APPROVED AS TO PLANNING MATTERS tision BY: Robert M. Keating, C , DiCommunity Development Di ON ro Arm N 3 \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ABANDON\Via Marbella Blvd.doc SKETCH OF EASEMENT DESCRIPTION _ FOR RIGHT-OF-WAYABANDONMENTo=30 " A ALONG VIA MARBELLA BOULEVARD R=270.00' g L=142.59' NOTE: ' V. — 1'1538"E THE PORTION OF RIGHT—OF—WAY BEING/ 6-00' 6.00 DESCRIBED HEREIN IS TO BE UTILIZED etre ego\ AS AN UTILITY EASEMENT. �� oe �� 6 CIO .o, i� tiP 0=30'15'29" R=264.00' 11 L=139.42' 'W 10 TRACT q U s � nBr' SIV i A=38 32'44" 9 R=620.00' L=417.10 8 38'32'44" —— R=614.00' PROPOSED L=413.07' — SUNSET:COVE SUB. 7 x A i I D � , 6 U � I oTRA CT ( 1 2 i 3 , U ° "A11 1 1 1 Tekil.tin9 8' 1111 1caf ( I O 1 8043'p1t"w I GRAPHIC SCALE 6.00 fio 0 30 60 X580' I 1 r03'5od�'�7 b'eorrnq fPOI T Ot' _ S ( IN FEET )BF.GINNZNG st ____-__ �`— 4 1inch = 60 ft. R dS SKETCH OF EASEMENT DESCRIPTION a 14 13 PREPARED BY: _ Q ' MASTELLER, MOLER & REED, INC. POINTOP 23 14 2205 14TH AVENUE COMMENCEMENT VERO BEACH, FLORIDA 32960 PHONE: (561) 564-8050 FAX: (561) 794-0647 491412.dwg cd x/29 SHEET 1 OF 2 ROD REED, PSM 3916 . . . . . . . . . . . . . . . . . . . . . . . . . . . SKETCH OF EASEMENT DESCRIPTION FOR R IGHT-OF-WA Y ABA ND ONMENT ALONG VIA MARBELLA BOULEVARD NOTE: THE PORTION OF RIGHT—OF—WAY BEING DESCRIBED HEREIN IS TO BE UTILIZED AS AN UTILITY EASEMENT. x LEGAL DESCRIPTION: A parcel of land lying in Section 14, Township 32 South, Range 39 East, Indian River County, Florida, being more fully described as follows: Commencing at the Southeast corner of said Section 14, Township 32 South, Range 39 East; thence N53°48'21"W, a distance of 1,077.85 feet to the POINT OF BEGINNING; thence N80'03'51"W, a distance of 6.00 feet to a point of non tangent curve; thence along said curve to the right, which radius bears SBO'03°51"E having a delta of 38'32'44" a radius of 620.00 feet an arc length of 417.10 feet to a point of compound curve; thence along a curve to the right having a delta of 30'15'29" a radius of 270.00 feet an arc length of 142.59 feet ; thence S11'15'38"E, a distance of 6.00 feet to a point of non tangent curve; thence along a curve to the left, which radius bears S11,15'38"E having a delta of 30'15'29" a radius of 264.00 feet on arc length of 139.42 feet to a point of compound curve; thence along a curve to the left having a delta of 38'32'44" a radius of 614.00 feet an arc length of 413.07 feet to the POINT OF BEGINNING. Containing 3,336.53 square feet or 0.08 acres, more or less. Subject to all easements, restrictions and reservations of record. C) SKETCH OF EASEMENT DESCRIPTION PREPARED BY: ' "� k rA t MASTELLER, MOLER & REED, INC. 2205 14TH AVENUE e1 VERO BEACH, FLORIDA 32960 r= PHONE: (561) 564-8050 �^ FAX: (561) 794-0647 SHEET 2 OF 2 ROD fET3.g `5M 3916