HomeMy WebLinkAbout2007-063RESOLUTION 2007- 063
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF A STRIP OF
MOORINGLINE DRIVE RIGHT-OF-WAY ADJACENT TO LOT 138 AS SHOWN
ON PLAT OF THE MOORINGS, UNIT TWO, RESERVING A DRAINAGE,
PEDESTRIAN AND UTILITY EASEMENT OVER THE ENTIRE RIGHT-OF-WAY,
SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on February 14, 2007, Indian River County received a duly executed and
documented petition from Indian River County Attorney's Office, 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 3' wide strip of Mooringline Drive right-of-way adjacent to lot 138 as platted on The
Moorings, Unit Two, Plat Book 8, Page 28 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 those certain rights-of-way
more particularly described as follows:
A 3.00 FOOT WIDE STRIP OF LAND FOR THE PURPOSE OF A RIGHT-OF-WAY
ABANDONMENT LYING IN SECTION 27, TOWNSHIP 33 SOUTH, RANGE 40
aS EAST, INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
j v
i7 �S THE NORTHEASTERLY 3.00 FEET OF MOORINGLINE DRIVE (A 120 FOOT WIDE
RIGHT-OF-WAY) PER THE MOORINGS, UNIT TWO, AS RECORDED IN PLAT
BOOK 8, PAGE 28. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; SAID RIGHT-OF-WAY ABANDONMENT BEING ADJACENT TO THE
SOUTHERLY PROPERTY LINE OF LOT 138, OF SAID PLAT; SAID
ABANDONMENT BEING BOUNDED ON THE WEST BY THE WESTERLY
PROPERTY LINE OF SAID LOT 138 EXTENDED 3.00 FEET SOUTH AND ON THE
EAST BY THE EASTERLY PROPERTY LINE OF SAID LOT 138 EXTENDED 3.00
FEET SOUTH. CONTAINING: 330 SQUARE FEET, 0.01 ACRES, MORE OR LESS.
1857128
Lying in Indian River Count Florida.THIS DOCUMENT HAS BEEN RECORDED
yl g y� IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 2182 PG:2129, Pagel of 6
07/10/2007 at 10:16 AM,
JEFFREY K BARTON, CLERK OF
COURT
F:\Community Development\Users\CurDev\RESOLUTION\2007 Resolutions\Keller ROWA 2007- .rtf
1
RESOLUTION 2007- 063
is hereby forever closed, abandoned, and vacated, except that a drainage, pedstrian 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.
5. The right-of-way shall revert to lot 138.
The foregoing resolution was offered by Commissioner W. S . Davi s who moved its
, and uponbeingput
adoption. The motion was seconded by Commissioner S. L . Bowden
to a vote, the vote was as follows:
Chairman Gary C. Wheeler
Vice Chairman Sandra L. Bowden
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
The Chairman thereupon declared the resolution
lllnP , 2007.
ATTEST: Jeffrey K. Barton
County of Indian River
BY:
Deputy Clerk
Aye
Ay e
Aye
Aye
Ay e
tti•w
duly passed and adopted''t'h.i 5t:hv. day of
BO s OF CO -YY COMMISSIONERS
1NDIAN ' OUNTI', FLORIDA
BY:
,Dairy e 1 'Chairman
Board ,ofCountyCommissioners
I HEREBY CERTIFY that on this day, before A.e, and officer duly authoriz d in this State and County
to take acknowledgments, personally appeared a C • h ee f err , and -RAdp.'
Chairman of the Board of County Commissioners acid 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\2007 Resolutions \Keller ROWA 2007-
.rtf
2
RESOLUTION 2007- 063
WITNESS my hand and official seal in the County and State last aforesaid this 5tday ofJ !,i►'1Qi
, A.D., 2007.
APPROVED AS TO LEGAL SUFFICIENCY
BY:
BY:
William G. Collins, County Attorney
APPRO _ D AS TO PLANNING MATTERS
ert M. - eating, AICP, Dir:ctor
Community Development Division
F:\Community Development\Users\CurDev\RESOLUTION\2007 Resolutions\Keller ROWA 2007- .rtf
DARCY R. VASILAS
MY COMMISSION # DD 391140
EXPIRES: January 31 2009
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SCRIPPS HOWARD
SCRIPPS TREASURE COAST
NEWSPAPERS
Vero Beach Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
:OUNTY OF INDIAN RIVER
3efore the undersigned authority personally appeared, S. Darlene Broeg who on oath says that she is Classified Inside Sales
vtanager of the Vero Beach Press Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
dtached copy of advertisement was publshed in the Vero Beach Press Joumal in the following issues below, 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
;aid newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian
River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and
affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or
efund for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach Press Journal has
>een entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of
>ne year next preceding the first publication of the attached copy of advertisement.
.3ustomer
PLANNING DEPARTMENT
Ad Pub
Number Date Com/line PO #
1648028 6/12/2007 PUBLIC NOTICE RESO. NO. 2007-63
Subscribed and sworn to me before this date:
June 12, 2007
Notary Public
MARY T. B NE
,5c °"a , Notary Public - State of Florida
a
,;My Commission Expires Aug ti
Commission # DD 54433EA
'40F O,,, Bonded By National Notary Assn.
NOTICE OF
ABANDONMENT
Notice ,;s hereby given
that. Resolutiop 200763
was adopted by .the;
Board of> County'"Co,'nr
missioners of,tlndian
River County Florida
closing Vacating aril
abandoning ar, 3 strip of
MOorittUlIine Drivedadja
cent; to,Ipt 138�Iying,a5'
shownon the plat, of;
The;': Moorings.,un;t
as'Frecorded:in plat book
8 task described
over Y�eferenced
Viand resery
�ighes td the.
P I
SCRIPPS HOWARD
SCRIPPS TREASURE COAST
NEWSPAPERS
Vero Beach Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
TATE OF FLORIDA
OUNTY OF INDIAN RIVER
efore the undersigned authority personally appeared, S. Darlene Broeg who on oath says that she is Classified Inside Sales
lanager of the Vero Beach Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
ttached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says
eat the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that
aid newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian
:fiver County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and
ffiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or
'fund for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach Press Journal has
een entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of
ne year next preceding the first publication of the attached copy of advertisement.
:ustomer
PLANNING DEPARTMENT
NOTICE"OF
PUBLIC HEARING
Notice of hearing;;to con
seder a? petition?'�for the
closm'g abandonment;
and vacation Lof, a 3 st`r'ip
of Mooring Line'Dcive
adjacent to Lot':138,of
The Moorings 'Sub.divi
sion Plat Book -B 'Page
Lying and being in Indian
River County ,Florida,
more ,particularly, d'e
scribed'` as follows:;;.; c
LEGAL`DESCRIRTION
THE,NO:RTHEASTERL.Y
3 00 lF.EET OFIMOORING
LINE DRIVE ('A 120
EOOWIDERIGOF,<:
WAYI,P...ER�7 O9R
=INGS ,1INITf`t 0 AS
RECOAQ° tD,IN 9PLAT
B00013.: xAGE 28,.
THE PUBLIC' RECORQS
,bpn INilaI�At1 ,R+'IVER;
OUNrT�Y FLORIDO;
NSAID` li`;GHfT OF -?WAY
"q AB�A�NDQNMTENT, BEING
JCRAReRC "fiTk4'�
X11,.. NE OF+ 6-.J.7g1389.4,0Fq
SAIDoP�LAT iSAID ABAIJ1
D0N'M<ENfiroW ll*Or".:
Ad Pub OUNDED 0N1 TH's'
WESTziOt gTI1E"WESTER`
°LYYPROPERTY*LINE OF.
Number Date •Copyline SAID?LOTk1381XT
EENb
13
ED.'00 FEET,,„SOUTM,
`"AND' ONNTHE'FEAST+BY:
1630916 5/16/2007 NOTICE OF HEARING 6/5/07 THE MOORINGS 'E TY E NE +OR SAIIPR OT
:'138 EXTENDED: 3 0;0
-i FEET SOUTH r `
CONTA;I;NING ,,33`.0
SQUARE FEET `;;;0.0,1;
`ACRES;;MORE;ORiLE
Subscribed and sworn to me before this date:
May 16, 2007
Notary Pu lic
4 MARY 1. BY'itNE I
`141 °"A1¢t Notary Public - State of Florida
43 .,•imy Commission Expires Aug 2O4 ��,d; Commission # DD 549 t L
4 ,�',,,, w Bonded By National Notafy Assn. P
1 public xheanngy atm w
parties 0 interestz
tiaens 'shall havearn
; opportun ty to-b&'heard
will be e'.dH e:
Boarda of Countyu"Com`;
miss16ners of -Indian
-.River Coi my wFloridaih
• the County Com`missiori
Chambersof the:County
Administration Buildingg
locatedk`at r184025th
;Street B'gaeh?..
2u.peatj9
Anyanewlo'nieysw sh oto
appeal {any decision!;
;which. may be_made'at:
sti.rneeting, wjjla4e l
ensures thatrapverbaw
Um record,o
ceedmgs; is made ;which.
includes the testimony:
and ev,i'dence upon`
which the appeal will "b'
based
'INDIAN RIVER COON,
BOARD,OFCOUNTY'
ICOMMISSIONERS
IBYsGary,CWh
Chairman -
;Pub May:16=20
1630916