The URL can be used to link to this page

Home My WebLink About2005-123 RESOLUTION 2005-0123 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 10' WIDE PORTION OF 46`h STREET LYING EAST OF 38TH AVENUE,SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on November 3, 2003, Indian River County received a duly executed and documented petition from Linda Cross 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 46`h Street lying east of 38`h Avenue in Lord Calvert Estates as recorded in Plat Book 5, Page 57. 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: s; 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: s THE NORTH 10' OF THE FOLLOWING DESCRIBED PARCEL;BEGINNING AT THE SOUTHEAST CORNER OF LOT 1,BLOCK 2,OF LORD CALVERT ESTATES E < SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 57,IN INDIAN RIVER s COUNTY FLORIDA. THENCE RUN SOUTH ALONG THE EAST BOUNDARY 3 LINE OF SAID SUBDIVISION TO THE SOUTH RIGHT-OF-WAY LINE OF 46TH STREET, FOR A DISTANCE OF 70 FEET. THENCE RUN WEST ALONG SAID SOUTH RIGHT-OF=WAY TO TITE EAST RIGHT-OF-WAY LINE OF 38TH AVENUE, FOR A DISTANCE OF 128 FEET. THENCE RUN NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTH RIGHT-OF-WAY OF 46TH STREET, FOR A DISTANCE OF 70 FEET. THENCE RUN EAST ALONG THE NORTH RIGHT-OF-WAY OF SAID 46TH STREET, FOR A DISTANCE OF 128 FEET TO THE PLACE AND POINT OF BEGINNING,CONTAINING 0.21 ACRES. Lying in Indian River County, Florida. is hereby forever closed, abandoned, and vacated, (see Exhibit "A", attached) 2. The closing, vacation,and abandonment,of this public right-of-way is in the best interests of the 1687321 public. THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 1935 PG:618, Pagel of 6 09/19/2005 at 04:32 PM, JEFFREY K BARTON,CLER FACommunity Development\Users\CurDev\RESOLUTION\2005 Resolutions\46th Street east of 38th Ave.rtf COURT IS OF 1 1 F` RESOLUTION 2005- 0123 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 property to the north. The foregoing resolution was offered by Commissioner Wheel Pr who moved its adoption. The motion was seconded by Commissioner Davi s , and upon being put to a vote, the vote was as follows: I Chairman Thomas S. Lowther Aye I 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 t day of August , 2005. v fi� t vuw � �s+ �+ , ATTEST: Jeffrey K. Barton BOARD OF COUNTY-COiV MISSI Co ty of Indian River IlVDIA IVE OUNTY, F''ORIDyArj ' � { BY: Thomas S. Lowther, Cl'* it an gib•° ;� :, Deputy Clerk Board of County Com . is I HEREBY CERTIFY that on this day,before me, and officer duly authorized in this State and County to take acknowledgments,personally appeared 7^Amilf T,load %,XK ,and Ilea M. PetSel 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\RESOLUTION\2005 Resolutions\46th Street east of 38th Ave.rtf 2 • t RESOLUTION 2005-4123 WITNESS my hand and official seal in the County and State last aforesaid this / D day of A.D., 2005. N ary Public �,w�•� A M.SMIRi * * My COMMISSION p DO 348314 APPROVED AS TO LEGAL SUFFICIENCY 11p EXPIRES:September 20,2ow 'rFOF K(1Q'� Bonded Thru 8*1 Notary Services BY: William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS s BY: Robert M. Keating, AICD,Dir for Community Development Di ision FACommunity Development\Users\CUrDcv\RESOLUTION\2005 Resolutions\46th Street east of 38th Ave.rtf 3 4j N, 7-1 oc Lu buw > < L6�6� cr) in L 0 T 2 C-) r.)T 1 d) c() W Lj JiLu bL()GK 2 7 (--1 91, rp.O.D. t.or 1. BCK. 2 LORD (-AL,*VfRT F-,c?Tf.TES 5UBrJIVI!5J0N KbR T R/W 6e 4G�vtl STREET 10' RW Abandonment 10kW to'be Abando ed f 5000 0 it / / 0 VT/ "" 4-GTH 5 /"' " ' 'T r- -T RE E T v, -0- --/ - / cz: 22_/ 4.G rf STREET_- C 76' R1W 60' RAY,' TO BE Limited Use- RAN x 60' Limited Use RW ffre, ,r , f: :'f " f'f ;�- f, }, �,, r 72,: 0 7>- N) KID UI / Ou" R/W OF 4GTiri 5TPEET// N) FF L 0T 12 i.OT Ii ,44r, 0 WCOAR MnI CAP L�t!ftW 05M 'Atli &Wl - 5Kff:TCH OF INrORMATION ONLY ' 18' ROD WTH 4 CAP &S tAHRED - SURVEY �SIIEY SCRIPPS TREASURE COAST MAW, Notice of heanhg to coh NEWSPAPERS slder4a petluon for�the ® closing abandonment, Vero. Beach Press Journal and vacation of4 nortliwrlQ-ofra4pomon 46th;Street lying south 1801 U.S. 1, Vero Beach, FL 32960 of Lots 1 and 2-Block 2 and,'North of. f Lots 11 and AFFIDAVIT OF PUBLICATION ,2 Block�l of iordeCat;:. vertyEstatea 'a recorded;'. SCRIPPS HOWARD IntPlat Book'5;;PageZ57 rese"rGing certain nghts;; tothe,county Lyingf ando being m Indlari; 1,R IveA','iCunty=. Florida ;: more:pa�ticul'arly�de TATE OF FLORIDA �scrlbelkasfollows 1 t :OUNTY OF INDIAN RIVER THEx NORTH�'11 110)OF THE 7; Iefore the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales FO LL_OWING,6Pc;ROFE0"" Aanager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the TY BEGINNINGAT THE a ttached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says �SOUtT:HEASTi rCORNER` nat the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that OF LOT 1',Bi! Kut"P , LORA�CALVE,R�TeES aid newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian TATES 50BDI:VIS10f J,s Liver County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and AS RECORDEP.gfl 0LAT ffiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or BOO K.5 WAGE 57 flNUN-N-',',! afund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has DIAN;j R Ij :'COU N ,y een enterer!as Periodical Matter at the Post Offices in Vero Beach,Indian River.County,Florida and.has been for a period ofFLORIDA( THENCE RUN ' ,ne year next preceding the first publication of the attached copy of advertisement. S 0,'-U;,TH AL0'N G'TH E EAS,TiTB0t1NDARY:L'INE OFaSA1D SUBDIVISION:i• TO;TIE SOU H RIGHT OF,WAY.,LIN '0F3 46TH... STREET, `FOR.yArDIS'-". TA'N'CE`OF X7;0 FEET'' THENCE R,UN;`WEST;'. AL"ONG SAID SOU,TH'° ACI Pub RIGHT;OF WAY,TOdaTHE, EAST'gRIGHT;QF ;ustomer Number Date Copyiine PO# LINE t)Fr,;38TH:*AVENUE;• . FOR 1A DISTA'NCE OF'-;± 128 FEET�,�THENCE RUN;?( R C PLANNING DEPT/DISPLA 1148920 7/23/2005 NOTICE OF HEARING 08/16/05 NORTH AL"'ON_G SAID EAST�„fRIGHTOF WAYx:-:. LINE;g;TOtTiHE�NORTH+a;i RIGHT=OF�WAY„OFr46TH"ti S;TREET� FOR.=AiDIS�,yi �TA�NCE+ OFA 7,i0�FEET j��, sTHEN'CE,�,RU.'N' iE3A'S,T�;f' ALONG THE�.NORTH `` RIGHT OF WAY OF�SAId; , 46TH� TREET"FOR'kA'" DISTANCE QF .126 �EET' T0.0T.HE"PLrACE ANDY PAINT.. OF BEGINNING;. CONTAIN'I'N"G 0 21 ' ACRES ' ' �A_pu.flic_heanngat.which"-: parties In 1 terhes4 and cltaens shall? avetan:' opportunity to;;be heard,;; well the helc� 'b�y thea;, Board;of',County Coma:, missibnersro'f rindlan" Rrver_County Flonda the County�Commisslon�;" �Chamfi'ers�af the County;;�' AdmlhistraUon, Bwldmg Iocated��at�t1840�25th1�) Subscribed and sworn to me before this date: straetch xv�eroteaa Flonda;�on Tuesday Au usti:l6y 2005 at9 � September 09, 2005 Anyoye,who„maY,wlsh toa OF appealpan`y?deasron t.; whlcti,mayt be made at .�; / thls�rrleeting�y;Ill�'�need - • ��.i to ensure�thata9:verba,� (/J) tIm recbrd„,of the pros ceedings Is"made which h2,.N alnclud'es thV.,,sumony> i and •„evlden'ce” which theapp aalrwlllfbe;` basedOUa p �INDIAN`RIVER CQ,UNTaY, ' • :. BOARDOFCOUNTY} E (COMMISSIONERS. r f. BYa s Thomas S tri�'a�` Lowther Chair rr —0t airy P bil Pub July 23a2005ka�,,Fs.z.�w.: %tuft 7T. BYRNENENotaryof Florida CoAug 22006 Com0132804 Bondeotary Assn. W_.aa SCRIPPS TREASURE COAST ® ABANDIONMENT ®, ® NEWSPAPERS Vero Beach Press Journal Nohat`SRestice herebyr 3l tes olutro`n 20055'.123, was sadopte'ii by,;t lie 1801 U.S. 1 Vero Beach FL 32960 Eoardtofcou�cyr AFFIDAVIT OF PUBLICATION �omrrnssroners,of,indiari, Rayer County �Plorrd`a SCRIPPS HOWARD Ciosa `inggvat fcatin�Or�and bandoning a , wide portion of 46;h+Streetly=: mg`:`iimmediatelylwestnof !�38th�Qv�enue"�as�shown, on-the plat of Lord TATE OF FLORIDA ve�;tEstates}F'as d;e-3 txsctibed m the above,re, OUNTY OF INDIAN RIVER IfeCencedesoluUo arid. efore the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales f*4feser, certain Lights tanager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the to theiCountyw nached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says : rat"the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that Indian Rrver County aid newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian Boardof County mrssroners .fiver County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and ' gy�s"Tho`mas hS,�L�ow ffiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or tFier Chauman d ._:. )fund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has ti Den entered as Periodica.I Matter at the Post Offices in Vero Beach,Indian River County,,Florida and has been for a period of Put lrsh August 25.fh; ie year next preceding the first publication of the attached copy of advertisement. -2005 , Ad Pub ,ustomer Number Date Copyline PO # R C PLANNING DEPT/DISPLA 1189365 8/25/2005 NOTICE OF ABANDON NOTICE OF ABANDON Subscribed and sworn to me before this date: September 09, 2005 I 110 t3 Pu is MARY T. BYRNE ''. Notary Public.-State of Florida • My cornmission E7¢IfTY38 • commmiaaion :� UD13�6- D�4 Bonded By National Notary Asan. SCRIPPS TREASURE COASTNOTIt:EOF" .; ABANDONMENT: NEWSPAPERS ' I Notice hereby,grv,n' hthat Resolution2005=123 Vero Beach Press Journal was ad'o`pted by th'e Board of;County, •°� 1801 U.S. 1, Vero Beach, FL 32960 flndian AFFIDAVIT OF PUBLICATION saver °ounty F.gnda 'Closing ?;,vacatian'd abandoning a' d,`4ide :RIPPS HOWARD portiontof 46thStreet,fy ngmmediately west:of 38th Ave"nuer as sli,`o'"wn ion the jSlat,of VLord sYCal= Mrta Estates lba's dre;e= scnbedim:;the aove fE OF FLORIDA � i ferencediresolutionF and NTY OF INDIAN RIVER c`%eser9vmgcertam'nghts re the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales to the'County Ps a er of the Vero Beach Press Journal,a daily newspaper ublished at Vero Beach in Indian River County,Florida:that the 9 YP Y had copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says In""'dean Rroer'County he said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that Board fof tCounty�Com'` newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian B;xm�stoners, }` y' s ThomasS Low County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and that Chairman it further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or d for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has P,u bl isli Aug u st 25th' entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of /ear next preceding the first publication of the attached copy of advertisement. Ad Pub stomer Number Date .Copyline PO# PLANNING DEPT/DISPLA1189365 8/25/2005 NOTICE OF ABANDON NOTICE OF ABANDON ubscribed and sworn.to me before this date: kugust 25, 2005 ;&It44A� • Mary ubl c r� �,t`rµ'r'""�•, MARY T. BYRNE , 'c Notary Public-Stats'of-I-lorWe any ConnWk)n E*es nu9 Z 2006 Commmission 8 DD132804 Bonded By National Notary Asan.