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HomeMy WebLinkAbout2002-035 C�✓(U IN THE RECORDS OF ` JEFFREY K.BARTON n) CLERK CIRCUIT COURT RESOLUTION 2002-035 INDIAN RIVER CO.,FLA. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN C-0 RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, M ABANDONMENT,VACATION AND DISCONTINUANCE OF THAT PORTION cr OF 84"' TERRACE LYING IMMEDIATELY SOUTH OF 221,d STREET AND RESERVING THE ENTIRE RIGHT-OF-WAY AS A DRAINAGE,UTILITY AND EMERGENCY ACCESS EASEMENT, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA £ WHEREAS, on February 26, 2002, Indian River County received a duly executed and documented petition from Anthony J. Sciaccotta of Florida,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 80 Terrace(109t"Avenue Plat) lying south of 22nd Avenue as shown on the743 ro J ,1 plat of the Paradise Park subdivision and recorded in Plat Book 3, Page 72 of the public records of C - Indian River County, Florida, said lands lying in Indian River County, Florida; and r 0 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 ct� 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. U 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 being known more particularly as: That portion of 84"'Terrace(109'Avenue-Plat)being 70 feet in width and 100 feet in length, lying adjacent to and abutting Lot 4, Block Q, Paradise Park Unit No. 1, as recorded in Plat Book 3, Page 72, of the Public Records of Indian River County, Florida. cow is hereby forever closed, abandoned,vacated, except that a drainage, utility, and emergency C1 access easement is expressly reserved over the entire right-of-way. (see Exhibit "A", Q attached) C#q 2. The closing,vacation, abandonment,of this public right-of-way is in the best interests of the v public. w O� 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 \\FILESERVER\PUBLIC\Community Development\Users\CurDev\RESOLUT\Sciaccotta.doc 1 RESOLUTION 2002035 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 from centerline evenly to the adjacent platted lots. The foregoing resolution was offered by Commissioner Macht who moved its adoption. The motion was seconded by Commissioner Adams , and upon being put to a vote, the vote was as follows: Chairman Ruth M. Stanbridge Aye Vice-Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted.'this .4th day of June , 2002. x re n,k Y ATTEST: Jeffrey K. Barton BOARD OF COUNTY COlVIMIS' I©1ERS unty of India Rv INDIAN RIV'ERCOI NTY, FLORIDA'" _ - BY: B RuthStan1> dge Chirmari >,, Deputy Clerk Board of Coitnty=C6mMit§ioriers l iRIC:if� M. f�oCiGELY �, i F ' I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared Ruth M. Stanbridge, and "p.T R 1r,1 A M. R 1 D r F 1Y as Chairman of the Board of County Commissioners and Deputy Clerk, C� 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. W C? cn WITNESS my hand and official seal in the County and State last aforesaid this 4th day of `'-) June , A.D., 2002. CD J W J UILESERVERTUBLIC\Community Development\Users\CurDev\RESOLUT\Sciaccotta.doc 2 RESOLUTION 2002-0 3 5 .e cry Kimberly E.Massung _.: ..MY COMaIMISSION#CC855436 EXPIRES APPROVED AS TO LEGAL SUFFICIENCY July 15,2003 EONDED THRU TROY FAN INSURANCE INC 0 BY: �- William G. Collins, Deputy County Attorney APPROVED AS TO PLANNING MATTERS BY: Robe . K ting, AICP, Director Community Development Divisio 0 O Ul C� c \\FILESERVER\PUBLIC\Community.Development\Users\CurDev\RESOLUT\Sciaccotta.doc 3 I -nr—o= m a—#D 0 —I n Z--I D 100 ' rzD-V r cJ�o 0 v• � m LOT 3 Co0 co o BLOCK " Q " Doo -Xoz - o„o mcnm 0 nm---iOD z 100 ' — — z o .p -v--q r- oDZ2 — cn�o Z zo r -+ m ncz� °D Z�+n o F r z-I 2 C) N Q Q n o m CID CID o z Z. ko ;V-z(o - G)—I O < s m D D xcnpD L< G7XDm omnz cnmc 100 ' -z#oz#m m-i oo� C -n r r—D D wozz--i L x o- - m (Z7 r D co /m 84TH_ TERRACE in DDmm ( 109TH AVE - PLAT ) °'o- 70 ' RIGHT OF WAY /D 7,G)o CA un l/ (Ar1l om m -A m r D A G)- — 100 ' m Z v � LOT I N BLOCK " V " Z SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY 30 ' SURVEYOR 'S NOTES : c I . ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL PARTS THEREOF . 2. THE NORTH LINE OF BLOCK 0 BEARS EAST. AND ALL OTHER BEARINGS ARE RELATIVE THERETO a L *DATE OF TH1 S SU � o ti�A-q fTHOUT THE S I GNATURE DAV t ® M. JONES AND �R # qtr,_"+ 3i t SED4 THE FLORIDA L 1 CENSED SURVEY 2 d,A PER :NA!d PROFESSIONAL SURVEYOR A MAPPER G •SURVEYOR N>C�� ,, I'REWj?ftl'BLE CHARGE u CHARLE$; #P, w"r{A. (,9yfLpRIi l 10ENSE NUMBER LS 575 3899 39TH SOUARE 4Gea AY � � (561)567-9875 VERO BEACH FL 32960 ( D AND,i . A `: - PRESS JOURNAL M INDIAN RIVER COUNTY, FLORIDA B=PM MOWARD 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Karen Trego, who on oath says that she is a Classified Legal Advertising Representative of the Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Press Journal in the following issues below. Affiant further says that the said Press Journal is a newspaper published at Vero Beach in said Indian River County, Florida and that the said newspaper has heretofore been 1010 Legal Notices 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 attached copy of advertisement; NOTICE OF PUBLIC HEARING and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, Notice of hearing to consider rebate, commission or refund for the purpose of securing this advertisement for publication in the a petition ,for the closing, abandonment, of vacation- said newspaper. The Press Journal has been entered as second class matter at the Post Office in Vero Beach, of the segment of 84th Ter- Indian River County, Florida and has been for a period of one year next preceding the first publication of race south of 22nd Street. the attached copy of advertisement. Lying and being in Indian River County, Florida, more particularly described as] follows: Ad # Name A portion of 84th Terrace Date Price Per Day PO # that lies South of 22nd Street and between Lot 4,Block Q and Lot 1,Block V of Para- dise Park Unit T as recorded 2430670 I.R.C. Planning Dept. 05/17/2002 $44.00 84th terrace in Plat Book 3,Page 72 Pub- i lir Records of Indian River Total $44.00 County, Florida. Said prop erty now lying and being in Indian River County. A-publichearing at which parties in interest and citizens shall have an opportunity to be heard,will he held by the Board of County Commis- sioners of Indian River Coun- ty, Florida in the ,County Commission Chambers of the County Administration Build- ing, located at 1840 25th Street, Vero Beach, Florida,. on Tuesday,June 4,2002 at 9:05 am. Anyone who may"wish to appeal any decision which may be made at this meeting will need to ensure that a ver- batim record of the proceed- Subscribed and sworn to me before this date: ings is made which includes the testimony and evidence upon which the appeal will 05/16/2002 r be INDIAN RIVER COUNTY / BOARD OF COUNTY COMMISSIONERS �} / BY-s-Ruth M.Stanbridge, j ..3 Lel_ May Chairman 17,2002 2430670r — r f otary PubliLrt gf Lrq �rr BEVEPL IA,KEll tfiy-Comm Exp. 1018/04 NOTARY o-� Puauc No.CC 973628 1 t Personalyr Known t 1 Other I.D. WIN PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA SCAiBPSHOWARD 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Karen Trego, who on oath says that she is a Classified Legal Advertising Representative of the Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Press Journal in the following issues below. Affiant further says that the said Press Journal is a newspaper published at Vero Beach in said Indian River County, Florida and that the said 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 attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose .of securing this advertisement for publication in the said newspaper. The Press Journal has been entered as second class matter at the Post Office in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad # Name Date Pri4e Per Da v PO # 2449725 I.R.C. Planning Dept. 06/10/2002 $17.60 84th terr NOTICE OF" Total $17.60 ABANDONMENT Notice is hereby given.that Resolution '2002-35 was adopted by the Board of County Commissioners of Indian River County,Florida Closing,vacating and aban- doning a portion of 84th Ter- race south of 22nd Street as described in the above refer- enced resolution,with certain rights reserved by the county. Indian River County Board of County Commissioners By-s-Ruth M.Stanbridge, June 10,2002 Chairman 2449725r Subscribed and sworn to me before this date: 06/10/2002 _ � .. � . _ Notary PubliC OF <o BEVE Y M.KEEHNER NOTARY o MY mm Exp. 20/8/04 �! PUBLIC No.CC 973628 Personally Known I 1 Other I.D. <1