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Home My WebLink About2008-178N 0 0 0 RESOLUTION 2008- 178 w u w O w 2 o w RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER N > j COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION o AND DISCONTINUANCE OF THE SEGMENT OF 48" AVENUE (OLEANDER z AVENUE) THAT LIES BETWEEN 85TH PLACE (POINSETTIA BLVD) AND 86TH o z a Y STREET (PALM BLVD) IN WABASSO, SAID LAND LYING IN INDIAN RIVER Ow 0<0 o w COUNTY, FLORIDA vo 4 0 0z V V LL NU- o w _ M o m , w WHEREAS, on September 27, 2006, Indian River County received a duly executed and documented petition from Lars Hakansson and Robin Davis, 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 the portion of a segment of 48°i Avenue (Oleander Avenue) that lies between 85°' Place (Poinsettia Blvd) and 86°' Street (Palm Blvd) in Wabasso, 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, is not part of a 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: ALL THAT CERTAIN PORTION OF 50.00 FEET WIDE ROAD RIGHT-OF-WAY FOR 48TH AVENUE LYING BETWEEN 86TH STREET (PALM BOULEVARD) AND 85TH PLACE (POINSETTIA STREET), "WEONA PARK", PLAT BOOK 2, PAGE 17, SITUATE WITHIN GOVEMENT LOT 5 OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. Lying in Indian River County, Florida. is hereby forever closed, abandoned, and vacated, except that a drainage easement is expressly reserved over the entire area and a 30' wide utility easement centered in the existing right-of-way is expressly reserved (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 the adjacent property on both sides of the right-of-way. F:\Community Development\Users\CurDcv\RESOLUTION\2008 Resolutions\48th Ave ROW 2008-_rtf RESOLUTION 2008-178 The foregoing resolution was offered by Commissioner Flescher who moved its adoption. The motion was seconded by Commissioner O'Bryan and upon being put to a vote, the vote was as follows: Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Gary C. Wheeler AYE AYE AYE AYE The Chairman thereupon declared the resolution duly passed and adopted t Noverber , 2008. of ATTEST: rnr: Jeffrey K. Barton BOARD OF COUNTS'.(,fOR%JMISSION-E"S , County of ndian River INDI V R 17N 3' LO,RIDAA B BY: sly vi �;�artSuatl I • t Deputy Clerk Board of Couaty. ��mrhfsstonets n I HEREBY CERTIFY that on this day, before me, and officer duly authorized m'P 'I ntc end o tnty to take acknowledgments, personally appeared e�tAys p�ivis andMaureen Gelfol ' asChairmanof 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. WITNESS my hand and official seal in the Co my and State last aforesaid this 20thday of Noverber , A.D., 2008. Notary Publi APPROVED AS TO LEGAL SUFFICIENCY BY: 4A � William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: 1 Robert M. Keating, AICP, irector� Community Development Division} F:\Community Development\Users\CurDcv\RESOI-IJTIOM2008 Resolutions\48th Ave ROW 2008-_.rtf SKETCH OF DESCRIPTION OF A PORTION OF 48TH AVENUE RIGHT OF WAY WITHIN PART OF G.L. 5 OF SECTION 26, T.JIS., R.39E,(WEONA PARK, PLAT BOOK 2, PAGE 17) INDIAN RIVER COUNTY, FLORIDA DESCRIPTION OF PROPOSED ABANDONMENT OF ROAD RIGHT OF WAY. - ALL THAT CERTAIN PORTION OF THE 50.00 FEET WIDE ROAD RIGHT OF WAY FOR 46TH AVENUE LYING BETWEEN 86TH STREET (PALM BOULEVARD) AND 85TH PLACE (POINSETTIA STREET), "WEONA PARK", PLAT BOOK 2, PAGE 17, SITUATE WITHIN GOVERNMENT LOT 5 OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING. SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. LANDS SHOWN HEREON WAS PAR77AUY RESEARCHED BY THIS OFFICE FOR RIGHTS-OF-WAY, EASEMENTS BY PLAT RECORD, ADJOINING TAX PARCEL IDENTIFICATIONS. THIS SURVEY DOES NOT INTEND TO DELINEATE LOCAL AREAS OF CONCERN, ANY OTHER JURISDICTIONAL DETERMINATION OR OWNERSHIP. J. NO FOUNDATIONS OR UNDERGROUND INSTALLATIONS HAVE BEEN FIELD LOCATED PER THIS SURVEY, UNLESS OTHERWISE NOTED. 4. A PAST REPORT AND RESEARCH WAS CONDUCTED BY ATLANTIC COASTAL TIME CORPORATION AND WAS PROVIDED TO THIS FIRM BY INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES AS INDICATED ON PAST SURVEY NEAR THIS AREA. 5. THE LEGAL DESCRIPTION SHOWN WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS REQUESTED BY THE CLIENT. 6. THIS MAP IS A SKETCH OF DESCRIPTION ONLY. A PRENOUS BOUNDARY SURVEY WAS PERFORMED OF THE PROPOSED SURJECT RIGHT OF WAY PORTION. 7. THE SURVEY FIELD WORK FINALIZED OCTOBER 17, 2007. B. BEARING DATUM AND HORIZONTAL COORDINATE VALUES ARE BASED UPON THE NORTH AMERICAN DATUM OF 198J, ADJUSTMENT OF 1999 (NAD 83/99) AND PROJECTED IN THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, 0907. DISTANCES SHOWN ARE GRID AND DISPLAYED IN U.S. SURVEY FEET AND DECIMAL PARTS THEREOF. BASIS OF BEARING BETWEEN P.LSTATION 742+95.55 AND P.C.STADON 756+10.70 BEING 032'15'11-W ALONG THE CENTERLINE OF SAID RIGHT OF WAY AS CALCULATED FROM FOUND MONUMENTS ALONG THE RIGHT OF WAY OF S.R. NO,5 / U.S. HIGHWAY NO.1 9. THE EXPECTED USE OF THE LAND, AS CLASSIFIED BY THE MINIMUM TECHNICAL STANDARDS (61G17-6, F.A.C.) IS SUBURBAN. THE MINIMUM RELATIVE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS I FOOT IN 7,500. THE MEASUREMENTS AND CALCULATIONS OF THE CLOSED GEOMETRIC FIGURE WERE FOUND TO MEET OR EXCEED THIS ACCURACY REQUIREMENT. NOTE THIS SKETCH OF DESCRIPTION IS COMPRISED OF TWO (2) SHEETS, ONE (1) IS NOT VALID R1771OUT THE OTHER. C7FRTIFIED TO: INDIAN RIVER COUNTY, FLORIDA ROBIN DAVIS FRANK S ''JUCCURESC, P.S.M.5GNATURC OATS FLORIDA REGISTRATION No, 4765 CARTERASSOCIATES, INC. L.V. 205 .,. ,.�. .,.. cr=c.-r .,..uc r tie rcc:•, . GLOBAL POSITIONING SYSTEM (GPS) INFORMATION GPS CONTROL STATION: GPS 36 PID: A45870 STATE/COUNTY — FL/INDIAN RIVER USGS QUAD — SEBASTIAN (1970) SPC FL E NORTHING 379264.798 EASTING 255460.151 (Meters) NAD 83 (1999) — 27'45'20.524" (N) 080'26'14.632" (W) ELLIPSOID HEIGHT —25.480 (Meters) (02/10/07) ADJUSTED DESCRIPTION: POURED IN PLACE CONCRETE MONUMENT AND DISK STAMPED "GPS 36" LOCATED IN THE U.S. HIGHWAY 1 GRASS MEDIAN FAST OF THE WA13ASSO SCHOOL FOR EXCEPTIONAL CHILDREN, ABOUT 127.0 FT (38.7 M) SOUTHEASTERLY OF THE SOUTH END OF THE U.S. HIGHWAY I MEDIAN CUT, ABOUT 8.4 FT (2.6 M) EAST OF THE EAST EDGE OF THE PAVEMENT OF THE SOUTHBOUND LANES OF U.S. HIGHWAY 1, ABOUT 7.9 FT (2.4 M) WEST OF THE WEST EDGE OF THE PAVEMENT OF THE NORT14BOUND LANES OF U.S. HIGHWAY 7 AND 2.7 FT (0.8 M) NORTHWEST OF A CARSONITE WITNESS POST. REFERENCE MATERIAL LEGEND: P.T. - POINT OF TANGENCY ED. = FOUND STA = STATION DIA. = DIAMETER CL = CENTERLINE R0 = REBAR R.R. SPK. = IF = IRON PIPE ROM - RIGHT OF WAY CAN. = CONCRETE MONUMENT O.R.BOOK = OFFICIAL RECORDS BOOK R.R. SPK. = RAILROAD SPIKE (0) a OBSERVED DATA P.I. - POINT OF INTERSECTION (P) = PLAT DATA NO ID. - NO IDENTIRCA71ON P.C. = POINT OF CURVi1TORF P.T. = POINT OF TANGENCY E.O.P. = EDGE OF PAVEmont OF = OVERHEAD ELECTRICAL = EXImMO WATER ,WIN VALVT w - COSTING RRE HNRAM O3 - EXISTING WATER METER - EXISTING UMP CARTER ASSOCIATES INC. CONSULTTNG ENGINEERS AND LAND SURVEYORS 1700 21ST S!UTE! T 772.-602-4191 (M6 "NO DRACB, FLORIDA 92800-9472 772-602-9100 (PAX) P11.720. PG.9/FB.719. PO.55 DAG.,# IB606-A EXHIBIT j* A" �j 0 r, 0 D Z FD. 1/2"REBAR NO ID. 0.61'NE, SKETCH OF DESCRIPTION FD. 4"X4" CONCRETE existing cu b MONUMENT Inlet "NO IDENTIFICATION" L L � 0.28'S. NORTH R, 0. W. LINE _.......__.._ _. _ edge marl '867H—STREET / PALM BLVD drdldnge pipe 60' WIDE R.O.W. —edge marl existing apron I SOUTH R.O.W. LINE-� FD. 1/2"DIA. REBAR IN CONCRETE "NO IDENTIFICATION" existing storage shed. 7.43• 23 ANDERSON 4815 85TH ST. -"'-'—'SE8AS1IAN;-Fl:.--32 PARCEL IDA 31392800006C 2/ 26 IS m GRAPHIC SCALE N _.-__..__HAKANSSON.._.. _.._..A - -- 8575 48TH AVE. v SEBASTIAN, FL. 32958 PARCEL IDA 31392800006002000024.0 7' 2 2 "NO IDENTIFICATION HAKANSSON 8565 48TH AVE. -- _-SEBASTIAN; FL. --32956---' PARCEL IDA 31392800006002000008,0 221 existing dirt apron 21 S89644'28"E 100.77' ED 1/2"DIA. REBAR/CAP "CARTER ASSOC." eop r FD. 1 /2" DIA. IP \ eop NO ID. 0.45'SE. 'I OF P.I. \\ FD. 1 1/4"DIA. IP NO ID. 50. 0' 1 100 00'(P) 25.00' FD. 1/2"DIA. IP / -IN-CONCRETE -- `-- "NO IDENTIFICATION" FD. 1/2-01k 25 00' 2 IN CONCRETE LAUj iC ZQ Rw mQQ 3 Z 3 3 LQ U K QLV � a J O� 4 �L h cr z) W a O Q Q 589'44 28" E 50. 0' / R J existing pump shed 5.44' DAVIS SEBASTIAN, FL. 32958 PARCEL IDA 31392800006004000001.0 - --PLAT 600K 2, PACE 77,7175IAN RI R -COUNTY, FLORIDA N exi N sting landscape { existing fence i HAKANSSON 7 0 4790 85TH PL. / SEBASTIAN, FL 32958 PARCEL IDN 31392800006004006—ClT— FD. 1/2'DIA. REBAR/CAP "NO IDENTIFICATION / existing planter Iz NORTH R.O.W. LINE OE 35TH PLACE eO POINSETTIA BLVD Pon 60' WOE R. 0. W. SOUTH R.O.W. LINE I / EXHIBIT,"A" IS GRAPHIC SCALE -------_----.---___ - -- 25 0 50—_ --FD. 1"DIA. IP ---- 2 "NO IDENTIFICATION CARTERASSOCIATES INC. CONSULTING ENGINEERS AND LAND SURVEYORS NOTE: THIS SKETCH OF DESCRIPTION IS ( IN FEET ) COMPRISED OF TWO (2) SHEETS, ONE (1) IS 1700 41rrD�GRERTFLOR 772-56Z-4191 iz-eez 9180 NOT VALID WITHOUT THE OTHER. 9zeea-94vz (TFL) 1 inch 3O ft. HI.720, Pc.e/eR.719, Pc.95 DWG.A' 18605-A CK.HY FSC, RATE: 7-I4-06, PROI.088745 SHEET E OF 2 EXHIBIT,"A"