HomeMy WebLinkAbout2006-091 RESOLUTION 2006- 091
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT,VACATION,AND DISCONTINUANCE OF A TWENTY FOOT
WIDE RIGHT-OF-WAY PORTION ALONG THE WEST SIDE OF 27TH AVENUE
SW LYING NORTH OF 6TH STREET SW IN EMERSON VILLAS RESERVING A.
. DRAINAGE AND UTILITY EASEMENT OVER THE EAST 10 FEET OF RIGHT-
OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS,on April 11,2006,Indian River County received a duly executed and documented
petition from George Sigler of Vero Beach, requesting that the County close, vacate, abandon,
a discontinue,renounce and disclaim any right,title and interest of the County and the public in and to a
m twenty foot wide right-of-way portion along the west side of 27th Avenue SW north of 6th Street SW as
shown on the plat of Emerson Villas subdivision and recorded in Plat 3, Page 52 of Indian River
County, Florida,said lands now lying and being in Indian River County, Florida; and
o t
WHEREAS, in accordance with Florida Statutes 336.10,notice of a public hearing to consider
d said petition was duly published; and
n J 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
o 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:
0
THE WEST 20 FEET OF.THE EAST 100 FEET OF SECTION 22, TOWNSHIP 33 , 0
SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING c0� o LL
IMMEDIATELY EASTERLY OF AND CONTIGUOUS WITH LOTS 4 AND 5, 'LL a 0
BLOCK A,EMERSON VILLAS SUBDIVISION,AS RECORDED IN PLAT BOOK 3, W°LL a W
PAGE 52 OF THE RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID um> o
PARCEL BEING BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION =W z 0 ; o
OF THE NORTHERLY LINE OF SAID LOT 4 AND ON THE SOUTH BY THE Z 0 0 M
EASTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID LOT 5. m> M Y
co 0U= C, 0tD o Ili�
SAID PARCEL CONTAINING 0.06 ACRES MORE OR LESS. w z N N U-50
50
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PEZ E o nu
is hereby forever closed,abandoned,and vacated,except that a utility and drainage easement is
expressly reserved for utility and drainage purposes,over the east 10 feet of 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.
FACommunity DevelopmentUsers\Brian F\ROWA\27th Ave\resolution.rtf 1
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RESOLUTION 2006-091
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 on the west side of the right-of-way.
The foregoing resolution was offered by Commissioner Whpel er whomoved
its adoption. The motion was seconded by Commissioner Davi s ,and upon being put
to a vote, the vote was as follows:
Chairman Arthur R. Neuberger Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Sandra L. Bowden Aye
Commissioner Wesley S. Davis Ave
Commissioner Thomas S. Lowther Aye
The Chairman thereupon declared the resolution duly passed and adopted this 20th day of
Junez
ATTEST h . frlt,BartonBOARD OF COUNTY COMMISSIONERS
ti,�,, IMS°fix ti � �5 etis r�
dianRiver ;:
�TqRIVERY FLORIDA
BY�' � rthur R. eu erger, C al
an
"M ` �x Board of County Commissioners
Deputy Clerk
'k'd„ i '`r✓,Alis r2 d{ko' ''b ,�+'�„`5 +s. 4 `,�'� 4=s"
I HEREBY CERT1E�GY��that�ohn thislday;before me, and officer duly authorized in this State and County
to take acknowledgrri �entspersonallyappearedArthur' R. Neuberger,and as
Chairman of the'Bo'ardof'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 20thday of
June , A.D., 2006.
t�" J�
i
Not,4ry Pub
Kimberly E.Massung
MY COMMISSION# DD216503 EXPIRES
a buy 15,2007
''��,•,of ,�,.•' BONDED THRU TROY FAIN INSURANCE,INC
FACommunity Development\Users\Brian F\ROWA\27th Ave\resolution.rtf 2
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RESOLUTION 2006-091
APPROVED AS TO LEGAL SUFFICIENCY
BY: 4�n
William G. Collins, County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
-e-
R4 o ert M. Keating, AICP, irec or
Community Development Dep ment
FACommunity Development\Users\Brian F\ROWA\27th Ave\resolution.rtf 3
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o EMERSON AVE. R/W
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S89'59'21"E /
120.00' EXISTING (P.B.PGW52), 0
COMMERCIAL o
BUILDING o & EAST 100' OF SECTION 22
LOT-3o EXISTING
(OCCUPIED) F.F. 24.50' U? PAVED \ ^
z PARKING
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0 o NORTH AST CORNER LOT-4 LOT PROPOSED 20 FOOT WIDER/W T BE Q
FOUND 1"0 IRON REBAR
.NT v NO IDENTIFICATION a, ABANDONED BY INDIAN RIVER COUNTY;
(N69'14'25"E 0.09') 0 (
o ADJACENT TO LOTS I4 & 5 ONLY �
O (SHADED AREA) � rT,
FOUND 6'0 ROUND CONCRETE WITNESS CORNER ^�I
(S55'14'30"W 0.12'•) SET 1/2"0 IRON. ROD/CAP
1 40.2' S820 901' STAMPED "CARTER ASSOC"
S89'59 21"E ..0,
120-00' SETBACKS ,=
..(SEE LAND USE)
80.00' FEMAINS F
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- LOT-4 0 � FR M CL TO ROP EST R/WC � �
oPARCEL I.D.
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40'-
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~o J 05.0 ELEC. s F.F. HOUSE 23.41' J � "A1� Q. J 25.00' o
-� 10± S,F. LOWEST F.F. 22.56' r Q (PB. 3, PG 52
7
017± ACRES A° 3 (PB. 2SPG 52)
" WEST 20.00' OF THE I
p O� s EAST 100' OF SECTION 22
F D 4'X4' I;
NT SEE SHEET 2 FOR LEGAL DESCRIPTION, NOTES;SIGNATURE & SEAL
O ONCRE NUMESOUTH T CORNER LOT-5 0 {. , I WITNESS CORNER
IDENTIFICATION o � ,t 10.00' SET 1/2"0 I CARTER ASSOCIATES INC.
IT FOUND 1"0 IRON PIPE O .;Irl / CONSULTING ENGINEERS AND LAND SURVEYORS
2'10'17"W 0.22') N0, IDENTIFICATION IRON ROD/CAP 1708 21ST STREET 772-562-4191_(TEL)
�s �� .
N89'59'21"W 120.00 „e�, ,, �� STAM ED I VERO BEACA, FLORIDA 32980-3472 772=582-7180"(FAR)
155.00' `20. 0' "CARTR ASSOC" Z SKETCH & DESCRIPTION OF PROPOSED
]� N89' 21 a R/W ABANDONMENT AT LOTS 4 AND 5,
6 TSI S I _ f _L P1 T S. W (0) PROPOSED 10 F BLOCK A, EMERSON VILLAS SUBDIVISION
P. BLIC UTILITY & N EC 22, TWN. 33 SOUTH, RNG 39 EAS
DR (NAGE EASEMENT INDIAN RIVER COUNTY, FLORIDA
3RD. STREET (HA HED AREA) DATE DWG BY APp'D HY H SCALE V. SCALE PRDJ, NO. 18070-A
2/22/06 DTF MEL 1'=30' N/A 05-2705 SHEET 1 OF 2 I
i
SKETCH., & DESCRIPTION
PROPOSED ABANDONMENT OF RIGHT—OF—WAY: SURVEYORS NOTES:
1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL...OF .
THE WEST 20.00 FEET OF THE EAST 100.00 FEET OF SECTION 22, A FLORIDA LICENSED SURVEYOR. AND MAPPER THIS DRAWING, SKETCH,
TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN_RIVER COUNTY, FLORIDA, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
LYING IMMEDIATELY EASTERLY OF AND CONTIGUOUS WITH LOTS 4 AND 5,
BLOCK A, EMERSON VILLAS SUBDIVISION, AS RECORDED IN PLAT BOOK 3, 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY
PAGE 52 OF THE RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID THIS OFFICE FOR RIGHTS—OF—WAY, EASEMENTS OF RECORD,
PARCEL BEING BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF RESERVATIONS, OWNERSHIP, ABANDONMENT'S, DEED RESTRICTIONS, ZONING
THE NORTHERLY LINE OF SAID LOT 4 AND ON THE SOUTH BY THE REGULATIONS OR ADJOINING DEEDS. THIS SURVEY DOES NOT INTEND .TO
EASTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID LOT 5. DELINEATE LOCAL AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL
SAID PARCEL CONTAINING 0.06 ACRES MORE OR LESS. DETERMINATION.
3. NO. FOUNDATIONS OR UNDERGROUND INSTALLATIONS HAVE BEEN FIELD
LOCATED PER THIS SURVEY, UNLESS OTHERWISE NOTED.
4. THIS IS NOT A BOUNDARY SURVEY, THIS IS A SKETCH OF
DESCRIPTION ONLY. ALL OTHER INFORMATION SHOWN .HEREON IS FOR
PROPOSED PUBLIC UTILITY AND DRAINAGE EASEMENT. INFORMATIONAL PURPOSES ONLY.
THE EAST 10.00 FEET OF THE WEST 20.00 FEET OF THE EAST 100.00 5. THIS SURVEY DOES NOT INTEND TO REFLECT OR DETERMINE
FEET OF SECTION 22, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN OWNERSHIP.
RIVER COUNTY, FLORIDA, LYING EASTERLY OF LOTS 4 AND 5, BLOCK A,
EMERSON VILLAS SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 52 6. BEARING BASE FOR THIS SURVEY IS THE WEST BOUNDARY LINE OF
OF THE RECORDS. OF INDIAN RIVER COUNTY, FLORIDA, SAID EASEMENT LOTS 4 AND 5, BLOCK A, EMERSON VILLAS SUBDIVISION,.BETWEEN
BEING BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE MONUMENTATION, WHICH BEARS N00'05'17"W, ALL OTHER BEARINGS ARE
NORTHERLY LINE OF SAID LOT 4 AND ON THE SOUTH BY THE EASTERLY RELATIVE THERETO.
EXTENSION OF THE SOUTHERLY LINE OF SAID LOT 5. 7. THE DESCRIPTION FOR LOTS 4 AND 5 WAS FURNISHED BY CLIENT
AND/OR THEIR AGENT.
I
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H;: I IB=
LEGEND:
R/W = RIGHT OF WAY
CERTIFIED TO: A/C = AIR CONDITIONER
GEORGE SIGLER F.F.= FINISHED FLOOR THIS SURVEY IS NOT COMPLETE WITHOUT THE PLAN VIEW ON SHEET 1
EL.= ELEVATION I CARTER:ASSOCIATES, INC.
AVE.= AVENUE CONSULTnvG ENGD M AND Laren SURVEYORS
CENTERLINE 1708 215R 81REBT 772-6er-4101TE
_`. VERO BEACH, FLORIDA SZNO-8472 772-882-7180 (FAS;
}}2 = DIAMETER SKETCH & DESCRIPTION OF PROPOSED
(P) = PLATTED RIW ABANDONMENT — LOTS 4 AND 5,
4 _ (0) = OBSERVED BLOCK A, EMERSON VILLAS SVBDIVISIO
EC 22, TWN. 33 SOUTH, RNG. 39 EAS
DAVID E. LU ^ JE PSM _SIGNATURE DATE P.B. =PLAT BOOK INDIAN RIVER COUNTY, FLORIDA
FLORIDA LICENSE No 5728-
P.G. = PAGE aATE IDVGDTFBY
JAPM
BY IK SCALE V.SCALE PRO./.N¢ DVGY 128070-A
CARTER ASSOCIATES INC LB 205 SRD = STATE ROAD DEPARTMENT 2/22/06 c 1'=30' N/A OS-27DS: SHEET 2 OF z
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