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Home My WebLink About2005-095 4 RESOLUTION 2005. 95. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN tel� RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT,VACATION AND DISCONTINUANCE OF A PORTION OF 21sT STREET LYING JUST WEST OF 54TH AVENUE, RESERVING A 20 FOOT 1 . EASEMENT OVER THE SOUTH 20' AND WEST 20' OF THE EXISTING RIGHT- OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS,on May 24, 2004,Indian River County received a duly executed and documented petition from Craig and Sherrol Rustay 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 21't Street lying just west of 54`h Avenue as shown on the plat of the El Vero Villas Subdivision, Plat Book 4, Page 97 of the Public Records of St. Lucie 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: W ALL THAT PORTION OF THE 50' WIDE RIGHT OF WAY FOR 21sT STREET W rn LYING WITHIN THE PLAT OF EL VERO VILLA SUBDIVISION,PLAT BOOK 4, ILL oi PAGE 97,OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA,(NOW W LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA),LYING WEST OF } p THE WEST RIGHT OF WAY LINE OF 54TH AVENUE/GRAND AVENUE (50' w co tr WIDE RIGHT OF WAY). a � O Z O In U_ Lying in Indian River County, Florida. oU is hereby forever closed, abandoned, and vacated, except that a 20' wide easement over the * m south 20' of the existing right-of-way is expressly reserved for drainage,pedestrian,emergency } access and utility purposes, and a 20' wide drainage and utility easement is expressly reserved Z 0 over the west 20'. (see Exhibit "A", attached) UJI V > 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 1662711 ErtIV EC Pp�� LLtr-QQ b}� Florida Statutes 336.10 in the Official Record Books of Indian River County THIS DOCUMENT HAS BDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 1896 PG:1469, Pagel of 5 '06/29/2005 at 021�12tpA*ty Development\Users\CurDev\RESOLUTION\2005 Resolutiotts\Rusmy ROW 2005-.rtf 1 JEFFREY K BARTON,CLERK OF COURT y RESOLUTION 2005- 095 without undue delay. * 5. The right-of-way shall revert evenly to the adjacent property on either side of the rights-of-way. The foregoing resolution was offered by Commissioner Wheeler whomoved its adoption. The motion was seconded by Commissioner Davi s , 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 this 14th day of June , 2005. ATTEST: Jeffrey K. Barton BOARD OF COUNTY COMMISSIONERS oun of Indian er INDRIV R COUNTY, F ORIDA BY: BY: Thomas S. Lowther, Chairman Deputy Clerk 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 S. Lowther ,andPATRICIA 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 14th day of June , A.D., 2005. Notary Pu is ;A,'Po'% Kimberly E.Massung APPROVED AS TO LEGAL SUFFICIENCY ' ' MY COMMISSION# 00216503 EXPIRES July 15,2007 BY: V—L�/ Rf� BONDED THRU TROY FAIN INSURANCE,INC William G. Collins, County Attorney APP ED AS PLA G MATTERS BY: 0, Robert M. Keating, AICP, Direc r *Charles Craig R u s t a y a n d Community Development Division S h e r r o l R u s t a y (owners of Lot 11 , Block 3 ) and John H. Kuehne and Karen L. Kuehne (owners of Lot 1 , Block 4) F:\Community Developmmt\Users\CurDev\RESOLUTION\2005 Resolutions\Rustay ROW 2005-.rtf 2 N 89'57'49' W 140.00' 30.0 /F N � 3 s 30.0' REDSET 1/2"0 IRON ROD AND CAP STAMPED p p "CARTER ASSOC." O ' 1� to f I uj 5 �� b l 20' Drainage, Utility, easement to be retained I S 89'57'49' E 140.00' I IR Y f OD 1� D CAEE STfM f16 u 0 2I f /fjf ��]I/(y, / /� "C�RrTER AS9OC."� 25. in LIj e b /�50' RIGH -OF AYz b ` Z 25. Xf f / 25.0' / �/ F�6ND 8"b Ip l kOD, WO ID./ i N 89'57'49 W 140.00' 20' Drainage, Utility, Pedestrian and Emergency Access , easement to be retained BK 04'CK N u `'' IMPROVEMENTS NOT SHOWN b SCRIPPS TREASURE COAST FNe TICE OF PUBLIC I qh-, - ' HEARING ' NEWSPAPERS of hearing to con a petition for the Vero Beach Press Journal g, abandonment, acation of a seg';: 1801 U.S. 1, Vero Beach, FL cent`too Lot 1, Block 9 32960 ent 21st street cL and Lot Lot 11, Block 3 of El AFFIDAVIT OF PUBLICATION (vera Villa. ge97.ision I Plat Book 4,Paage 97. SCRIPPS HOWARD lLying and being in'Indian River County, Florida, amore particularly de- -scribed as follows: STATE OF FLORIDA LEGAL DESCRIPTION: ' COUNTY OF INDIAN RIVER RIGHT-OF-WAY TO- BE Before the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales VACATED: ALL THAT Manager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that thePORTION' OF THE' 50' attached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says 'WIDE RIGHT-OF WAY FOR 21ST STREET LY- that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that I.ING WITHIN THE PLAT said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian OF. EL VERO VILLA SUB- River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and DIVISION, PLAT`BOOK affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or 4; .PAGE 97, OF THE refund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has PUBLIC 'RECORDS.,OF been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of ST.- LUCIE COUNTY, FLORIDA,. (NOW LYING one year next preceding the first publication of the attached copy of advertisement. AND BEING IN 1NDIAN RIVER COUNTY, FLORI- DA); LYING WEST OF THE WEST RIGHT-OF- WAY LINE OF 54TH AVENUE/GRAND AVE- NUE (50' WIDE RIGHT- OF-WAY). Ad PUbA public hearing at which Customer Number Date Copyline PO# parties in interest andf citizens shall have an, opp,oreunity to be' y4 heard,-will be held by; I R C PLANNING DEPT/DISPLA 1084325 5/29/2005 JUNE 14 HEARING 21ST STREET the,Board.,of Countyi .Commissioners of,lndi-, an:River`Couhty, Florida! -in the County'Commis sion Chambers, of the County 'Administration 'Building, located at 1840 25th Street, 'Vero Beach,. Florida; on- Tuesday,' Jurie 14, 005:at6100+ pm ' Anyone who may wish oto appeal•any decision which may.be made at this,,meeting will,,nee&to ensure that a verbatim` record of the-proceed,[ ings is made which in-1 cludes the testimony and evidence' upon which the appeal.will,be based..' INDIAN RIVER COUNTY< BOARD OF COUNTY COMMISSIONERS 4 Subscribed and sworn to me before this date: Lowther,ChairmTnoma � �� rman �1 Pub: May 28,2005 May 31, 2005 / S�Du> i0843_z5_. 1'I o�. o lW,��L),/ X795 NotaryPub iC MARY T. BYRNE s Nobiry Public- 1ci Ralds COMMM16510n 0 00132804 Bonded By National MotwyAsen. SCRIPPS TREASURE COAST NEWSPAPERS vwv �,.' NOTICE OF'. n ABANDONMENT Vero Beach Press Journal s a Notice.is hereby given j � that Resolution 2005-095 l was adopted by thf 1801 U.S. 1, Vero Beach, FL 32960 3"'Board of,County AFFIDAVIT OF PUBLICATION 1,Commissioners of .Indian k5yer County„ Florida SCRIPPS HOWARD j ,tlpstm4, vacating and f atialttllAling a II portion of 21 StrebC lying j F immediately`-west ofI 54th Avenue as shown STATE OF FLORIDA on the plat of EI COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales Vero Villas, 'as described Manager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the in the above referenced attached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says a resolution, and reserv- that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that ing certain rights to the said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian County.. River County,Florida,for a period of one year next preceding the first publication of the attaghed copy of advertisement;and f Indian River County affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or s Board iv County Com- refund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has f1 missionerIs been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of It, By -s-Thomas S. Lowther, one year next preceding the first publication of the attached copy of advertisement. if Chairman t 1 Publish:June 22,2005'"- if 1192892 ie - Ad Pub Customer Number Date CopVline PO# I R C PLANNING DEPT/DISPLA 1112892 6/22/2005 NOTICE OF ABANDON NOTICE OF ABANDON Subscribed and sworn to me before this date: r June 22, 2005 Notary Pubk do do, ift N MARY T. BYRNE Publ4c-State of Flodde CMWftW E*ii"2.2008 Commmieeion S 00732804 Bonded By National Wotary Asan.