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Home My WebLink About2005-171 o RESOLUTION 2005- 171 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,PROVIDING FOR THE CLOSING,ABANDONMENT,VACATION AND DISCONTINUANCE OF A PORTION OF 46TH STREET LYING EAST OF 47TH COURT IN CAVALIER ESTATES, RESERVING A DRAINAGE AND UTILITY EASEMENT OVER THE ENTIRE RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY,FLORIDA WHEREAS, on July 21,2005,Indian River County received a duly executed and documented petition from Kenneth Jackson 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"'Street lying just east of 47t"Court as shown on the plat of the Cavalier Estates Subdivision, Plat Book 4, Page 82 of the Public Records of Indian River 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: Q LEGAL DESCRIPTION: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK H, Q CAVALIER ESTATES ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 4,PAGE 82 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA. i SAID LANDS LYING IN INDIAN RIVER COUNTY,FLORIDA,THENCE RUN EAST TO THE EAST LIMITS OF PLAT FOR 109.17 FEET. THENCE ALONG THE EAST LINE OF s S PLAT SOUTH TO THE SOUTH RIGHT OF WAY OF 46TH STREET FOR 70.00 FEET. --CTHENCE RUN ALONG THE EAST RIGHT OF WAY OF SAID 46TH STREET WEST FOR A DISTANCE OF 109.17 FEET. THENCE RUN NORTH FOR 70.00 FEET TO THE PLACE AND POINT OF BEGINNING. CONTAINING 0.18 ACRES MORE OR LESS. Lying in Indian River County,Florida. is hereby forever closed,abandoned,and vacated,except that a drainage and utility easement is expressly reserved for drainage and utility purposes;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. 6 8005 5 The fight-of-way shall revert evenly to the adjacent property on either side of the rights-of-way. THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL 8K:-10,51 PGA638, Pagel of 5 10/26/2005 at 03.3o��M 1•:`C:om2nunity Development\Users\CurDev\RESOLUTION\2005 ResolutionsUackson ROW 2005- .rtf 1 JEFFREY K BARTON,CLERK OF COURTI, a _ RESOLUTION 2005— 17 I The foregoing resolution was offered by Commissioner Wheeler who moved its adoption. The i motion was seconded by Commissioner qa.u i 2 ,and upon being put to a vote,the vote was as follows: Chairman Thomas S. Lowther Aye Vice Chairman Arthur R.Neuberger Aye I Commissioner Sandra L. Bowden _ Ave Commissioner Wesley S. Davis AVP Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed"and adopted this*,.v lay of Oct. ATTEST: Jeffrey K. Barton BOARD OF` TY�O- lVIysItry ISSIONERS : Co my of Indian Riv INDI ERC Y, ARIDA,T BY: �. * �Thwas r*�11owtfferC�—, an" Deputy Clerk g Y�1Bdafd of oun � orgrr4ssioners `1 I HEREBY CERTIFY that on this day,before me, and officer duly authonirAthitae and County to take acknowledgments,personally appeared Z--EA h r s Et. ;and' as Chairman of the Board of County Commissioners and Deputy Clerk,respectively,to me;,knownao,be the persons described in and who executed the foregoing instrument and they acknowledged before Vie that-they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ZjAday of&M6eX A.D., 2005. tary Public APPROVED AS TO LEGAL SUFFICIENCY a'"&;q*,t, MITA M,WITH *-A,.'0.-4* MY COMMISSION#DD 340374 s, o EXPIRES:September 20,2008 BY: i ',.'0.- Bonded Thru Budget Notary Services illiam G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, AICP, Dire or Community Development Division F:\Community Development\Users\CurDev\RESOLUTION\2005 Resolutions\Jackson ROW 2005- rtf 2 SFT CAP ' 9 � 5�7 CAS' 1 (' 416 d w 1'0C,K 1 LOT TI } 5Er GAS' 170.0011 C441G) LA CD CD .tea W N _� �� 3:�✓*l,Yvv�v�v^,+�'tir �- ......w.,r...„.,,�,,ttiT�,-.r..M�. '4�'d'!":” tr�r'"'^*,'.,��.«+".�J"+r',rr�. :. 47T, `fi � NOTICE OF SCRIPPS TREASURE COAST PUBLIC HEARING Nopce of heanngto con=! NEWSPAPERS ,sifter ng a petition #or*the closiabandonment; ® Vero Beach Press Journal aid vaoation of a Porn tion of 46th:Street lying'� south of LoT 9 Block HII 1801 U.S. 1, Vero,Beach, FL 32960 and North of Lot 1 Block G'of Cavalier Estates as •recorded in Plat Book 4` AFFIDAVIT OF PUBLICATION Page 62 �eservmg dor SCRIPPS HOWARD rain nghts,to the county . Ljing and boing m Indian; • RiverlCourityFlonda;, more particularly ,de= scribed asfollows_�, . ; ;TATE OF FLORIDA LEGAL DESCRIPTIq'N ,OUNTY OF INDIAN RIVER BE G'I N N I N G AT,4T;H!E, Wore the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales S0UTHWEST,�CORNER Aanager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the OF BLOCK. 'r'-.1 'CAVALIER ESTATES �ACCORDIN�G; ittached copy of advertisement was publshed in the Vero Beach Press Journal in the followingissuesbelow. Affiant further says hat the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that 2, P h. TO THE Pl^AT THEREOF.; :aid newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian �A$ RECORDED IN PLAT Wer County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;andBOOK 4 PAGE ,82, OE iffiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or THE�PUBUC RECORDS efund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has QiF INDIAN R I VE R leen entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of C'0 U N TY i F L O R I DeA me year next preceding the first publication of the attached copy of advertisement. SAID`1ANDSY,LYING GIN INOIANrRNER COV,,NTY, F,LORI DA,,.THENCE r,RUN .E'AST TO tTHE:';EA'ST; LIMITSVOHPLAT`F.Q;R 1109 17 FEET THENCE ALONG THE EAST LINE OF PrU §OUTH -T 0' Ad Pub -THE SOUTH RIGHT OF WAY,,,';0 46THASTREET customer Number Date Copyline PO# F,oR� 70 ��0o F.E,ET.�' THENCE RUN Alf THE EAST'RIGHT'r:�OF, R C PLANNING DEPT/DISPLA 1221273 9/19/2005 NOTICE OF HEARING 10/11/05/ANANDON "'AY oF_-sAID,,aSrH STREET(WEST,FOR.A OISTANCE`:�OF 1091,;17, FEET, .T.HENCE .RU;N =NORTH FOR 70 66tFEET TO THE PLACE ANO, POINT OF,.?BEGItfNING': T-AVIyN • ACRES MORE OR,LESS; •,:: +i 5 A!uutiic hean�g et wfuch' parUesin mterest�,and{ �ci,tizens�shall have,ja .. opportunrty'aoL be hear,: will be held by?the`; -B card of'Gounty'C,om; missioners "of �Ir%tlian River County Fl6ntta m :the.!,C66 -„:Coffi” onj; ,Chambers xof��the tCounty AdministrationBu�lding located at 1840-25th', Street ,,V`ero Beach'; ,a. Flfiondak on`;7uesday Oc sober 11 2005 6'r am Subscribed and sworn to me before this date: Ar;yone`whgmay wishto appeal�.any decision';: which may be madesat=, September 19, 2005 this meeting will need '' • • to ensureFthat a verbatim' record of}the,,proceed�,'. • � urigs�is�made whichin , caudes the;testifnofjd. and evidence u:pon�. which the appeal w!II•_be- f`* INDIAN,RIVER COUN�V `BOARD OF;000NTY COMMISSIONERS` Lowther Chairman ' Notary PUMC {y Put September 19 20051 ,��°N MARY T BYRNE 1221273 Notary Public-State Ot FWAS Asycanmt +E>riAy� B Commmi0elon O DD79 804 Bonded By Ndonei Notary Assn. "A -,arm SCRIPPS TREASURE COAST NEWSPAPERS Vero Beach Press Journal ABANDONMENT 1801 U.S. 1, Vero Beach, FL 32960 i Notice ;ism, hereby given AFFIDAVIT OF PUBLICATION that Resolution 2005,7; was adopted,•by th@ SCRIPPS HOWARD Board kof*County Com= mission'ers 'of� rindian River ;,,County;;�Floida Closuig';} vacating and abandoning a portion of I-ATE OF FLORIDA 46th Street lying imine- RUNTY OF INDIAN RIVER diately f,:east of s,47th -afore,the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales Court esu Shown won the 9 Y P Y PP 9, Y plat of Cavaher�;:Estate anager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the as decnbed tyin sthe Cached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says above refefenced reso= at the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that lution and` s'r"eservin-, iid newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian certamp;"rights to the ver County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and Countyw �; a fiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission ord fund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has IndianfiRiver County :en entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for eriod of Bpard ofGounty Y P Commissioners ie year next preceding the first publication of the attached copy of advertisement: By s Thomas S Lowther Chairman-;3 Pub;,October 1�8 2005, ,�,; .- -y1250807, Ad Pub .ustomer Number Date CopXline PO# 3 C PLANNING DEPT/DISPLA 1250907 10/18/2005 NOTICE OF ABANDONMENT 46TH STREET Subscribed and sworn to me before this.date: October 18, 2005 Notary'-Public �k°►iir'�"'a, MARY T. ®YRIVE c Notary Public- my Comm Z CORIMM 80lon 0 DD132804 �' Bonded By National Notary Assn.