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Home My WebLink About2006-069 ` RESOLUTION 2006- 069 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF A 10' WIDE ALLEY BETWEEN LOTS 2, 3,IN BLOCK 10 AND LOT 5 IN BLOCK OF TROPICAL VILLAGE ESTATES SUBDIVISION,RESERVING A DRAINAGE AND UTILITY EASEMENT OVER THE ENTIRE RIGHT-OF-WAY,SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on June 27, 2005,Indian River County received a duly executed and documented petition from Ken Chapin of Micco, 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 a 10' wide alley between block 10, lots 2 and 3 and block 10, lot 5 of Tropical Village Estates Subdivision, Plat Book 5, Page 65 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, supportingdocuments, 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. i 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: LEGAL DESCRIPTION OF A 10.0 FOOT WIDE ALLEY TO BE ABANDONED LYING SOUTH OF LOTS 2, 3 AND NORTH OF LOT 5, BLOCK 10, TROPICAL VILLAGE ESTATES UNIT 2,ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 65, PUBLIC RECORDS OF INDIAN RIVER COUNTY, - FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: I FOR A POINT OF BEGINNING BEGIN AT AN IRON ROD MARKING THE SOUTHEAST CORNER OF SAID LOT 3; THENCE RUN S 00'13'30" W A DISTANCE OF 10.0 FEET TO THE NORTHEAST CORNER OF SAID LOT 5; o THENCE RUN N 89'44'57"W A DISTANCE OF 110.0 FEET TO THE NORTHWEST M CORNER OF SAID LOT 5;THENCE RUN N 00'13'30"E A DISTANCE OF 5.0 FEET; THENCE RUN N 89'44'57" W A DISTANCE OF 36.60 FEET; THENCE RUN N 00'13'30"E A DISTANCE OF 5.0 FEET TO THE SOUTHWEST CORNER OF SAID N LOT 2;THENCE RUN S 89'44'57"E A DISTANCE OF 146.60 FEET TO THE POINT OF BEGINNING. CONTAINING 1,283 SQUARE FEET,MORE OR LESS;-SUB7ECT- TO A DRAINAGE, UTILITY AND ACCESS EASEMENT OVER SAME. 1771451 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2060 PG:1915, Pagel of 6 07/26/2006 at 09:66 AM, F:\Community Development\Users\CurDev\RESOLUTION\2006 Resolutions\Chapin ROWA 2006-.rtf 1 JEFFREY K BARTON,CLERK OF COURT t i1 RESOLUTION 2006-069 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. 5. The right-of-way shall revert evenly to the adjacent property on either side of the right-of-way. The foregoing resolution was offered by Commissioner Wheel er who moved 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 Wheeler Aye Commissioner Sandra L. Bowden Aye Commissioner Wesley S. Davis Aye Commissioner Thomas S. Lowther Aye The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of May 2006. ATTEST: Jeffrey K. Barton BOF�hur OF COUNT COMMISSIONERS County of Indian River INDRIVER JY, FLORIDA BY: BY: <9 _ C04 a erger, Ch 'rman Deputy Clerk Board of County Commissioners I HEREBY CERTIFY that on this day,before me, and officer duly authorized in this State and County to take acknowledgments;personallyappeared Arthur R. Neuberger,and JoA,uu M. (IeN,,) as Chairman of 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 FACommunity Deve1opment\Users\CurDev\RESOLUTIOM2006 Resolutions\Chapin ROWA 2006-.rtf 2 J ` RESOLUTION 2006-069 that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 23rdday of May , A.D., 2006. Notary Publ APPROVED AS TO LEGAL SUFFICIENCY ,M�'P�•., Kimber =g• ly E.Massung MYCOMMISSION# DD216503 EXPIRES July 15,2007 BY: BONDED THRU TROY FAIN INSURANCE,INC William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, AICP, ire for Community Development Divi ion FACommunity Development\Users\CurDev\RESOLUTION\2006 Resolutions\Chapin ROWA 2006-.rtf 3 RIGHT—OF—WAY VARIES ASPHALT NoR1fIEAST ' CORNER OF APPROX. LOT 3 BLACK 10. )JL –DIRT � SATED NE 3 1' PTFE T 14' OAK OCCUPIES =` NO I.D. LO7,0 PROPERTY CORN 60' O.9'E 34 . S 89'44'5 E M 73.28' M S 89"44'5 M 73.28' M APPROX. DIRT smr — DRIVE I — — '– �7. 9441'31� (146.90' —73z RT-1 _WROX S 00'13'30' W 5.0' ILIMBED ACCESS EASEMENT ^) .I . ANO MVEWAPARKNO YOT iI4' WIRE a o � o _I �. 14 y ILOT BLOCK Z10 ., -�'+ C •� (� ' g b TWO STY, yB S. v0 d O W s1 BUILDING; = r' I I Ig . ` 0�4 I I ' Z � s 3 p I METAL SHED 1 / 19. 0 1 8 W000" .15.83' 0 Z ON CONC. 3.3tii3.3' STAIRS 4' WIRE ] 2GR OF TM R FENCE I 1,9LOT OT 2 1 BLOCK 310. P.ox x X K 10 3/,' PPE ' NO IA.. i° Ati k ALLEY b 73.3' (R) 73.3' (R) h N 89'50'33' W M 13.42!14)M N .89'39'211`.iK. M . ..73.14'. M '' CORNER ` d, E 5.0 S'9444' 148., OF LOT`3 0013'3Lf E S.O' 10' ALLEY WAY c BLOCK 10 4.98' CLOSED JO TRAVEL 4. WW 4 S. 89'44'5 E M 109.97' M s ovts3 w ,o.o' FENCE r 110.& (R) NORTHEAST P N 99'44'57' W 110.0' CORNER OF CORNER OF LOT 5 Btu 510 iFNCE DCX 10 C �•�-•tv / LOT 5 LOT 4 —4' WIRE BLOCK 10 y BLOCK 10 'b �. FENCE FRAMED SHED VACANT iA a NOT LOCATED O p O N' in ^ N g� Z I : NO EASEMENT PROVIDED V! z Y P..1_!Des[ — .3'w - O.H 4 — — 3/� N 89'57'31 W (M) 109.98' (M 5/9' ROD ui — NO LO. NO 1.0. I b ONN o LOT 6 I LOT 7 z BLOCK 10 BLOCK 10 VACANT ( RESIDENCE ®m oil ..E XH, XH d W"k SCRIPPS TREASURE COAST VNDTIGEDF2 � NEWSPAPERS fvf w_.ag ..;", DONMEfVTw Notice�is�,hereby�`g ven� Vero Beach Press Journal tF%at ResolLti�ppp 6' r w.'S&q' e biYra t' ; 1801 U.S. 1, Vero Beach, FL 32960 m ids stlneis�o uoid n RI_'ver°County k flor�da CI'osint°"" AFFIDAVIT OF PUBLICATION �abandonnv'�a�t�ng aii8 SCRIPPS HOWARD Awidall yin as shown on�tfi�ePlat of ,'T o`pical#VillageYEEstaTes ;asubdiws on;-Flat,Book`s; �Pa"ge�,65�'as"described.nn th'`eabove#'refererice'd STATE OF FLORIDA reti soluon randy " COUNTY OF INDIAN RIVER 4. - A �, Yesecv=; Before the undersigned authority personally appeared,S.Darlene Broe who on oath says that she is Classified Inside Sales m9iecertamurlghts,o�the 9 tY P Y PP 9 Y County„-rt�`.�' Manager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says InZiian Rer ounty`� that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that BoardFofrGounty s� said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian Commissioners; , River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and IBV s"Arthus' 4 affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission orNbe i9eYChirman refund for the purpose of securing this advertisement for publication in the said newspaper.The.Vero Beach Press Journal has Pub May 27+30Q been entered as Periodical Matter at the Post Offices in Vero.Beach,Indian River County,Florida and has been for period of Y P 402914 one year next preceding the first pyblication of the attached.copy of advertisement. Ad Pub Customer Number Date Copyline PO# C PLANNING DEPARTMENT 1402914 . 5/27/2006 NOTICE OF RESOLUTION 2006-69 ABANDONMENT Subscribed and sworn to me before this date: June 29, 2006 Notary PubI 1,� , MARY T. BYRNE V or; Notary Pub -Statey fJ3lida • my Comrrdssion Expires Aug 2,2010 Commission#DD 544327 Bonded By National Notary Assn. SCRIPPS TREASURE COAST NaT,�EOF ff",& ' PUBLIC HEARING . NEWSPAPERS NoticeWof heanng to Vero Beach Press Journal seder a petitiome;for the closing, abandonment; and vacation ofeTar se 6" 1801 U.S. 1, Vero Beach, FL 32960 ment of.a 10 wide alley between lots 2 3 and 5 . AFFIDAVIT OF PUBLICATION algekEsfa es rPlat Boofk SCRIPPS HOWARD 5 t Page 65�� #Fie Re Lymgrandbemg m'Indian RruerlCounty`;F,lortda; more parttculari`y de= scnbed as follows STATE OF FLORIDA = r5 COUNTY OF INDIAN RIVER LEGAL�DESCRIPTION OF Before the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales rAs10 0.,FOOT6 WIDE jAl;: Manager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the LEYT„Q fib EA?B attached copy copy of advertisement was publshed in the Vero Beach Press Journal in the following Issues below. Affiant further says .DONE.DT , YING jS;OUTA that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that 0 Fz L 0T S 42 p 3 'A K D said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian aN 0 R T HOF,L 0 T5' River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and B LOCK'vo OTR OPICAL affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission.orVILLAGExESTATES UNIT YPLAT refund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has 42;THEREOFACCORDIN*AS G rTORECORD been entered as Periodical Matter at the Post Offices in Vero'Beach,Indian River County,Florida and has been for a period of ?E'D IN tPLAT BO0K!5' one year next preceding the first publication of the attached copy of advertisement. PAGE `65 'POBLIV,%E ;CORDS,'OFyINDIAN`RIV • aER �,NTY FLO:RIQ`A �AND`'BEING MORE.iPAR;' "TICULARL'Y DESCRIBED ASFOLLOW� t# t` ��; FOR A POPNT40F BEGIN=: ACI Pub 'NING +,B E."GIN QTeAN 'IRON]RO:D`MARKIN�G Customer Number Date Cop lY ine PPO# ,THE SOUTHEASTS'GOR= N E R�O F�<SA I D'L:O;T r3 RC PLANNING DEPARTMENT 1387274 5/4/2006 NOTICE OF HEARING 5/23/06 TROP VILI°oti r13 30 W rAj QIS= hTANCEsOF-100 FEET,TO' vTHE3NQRTHE' T-' COR=; NER OF%SAHD T H E N CE fl U.N .„N. 89 44 TgNCEOF,;110 0`FEET ATO THEw�;NORTHWES.T CORNER QF AI SD'LOT �5;,•'zgT M'E N(C E 00 13 30 EA DISTANCE i0Fn5 O,FEE1 THENCE IRUN'N 89,:_44 'D,fSTAN_CE OFt3660'. FEET tTHENCE,RUN=N'•. ^0013 30'%,E?°A DISTANCE; i0"F 5t0 EEETt�TO. THE; .SOUyTHWEST CORNER- ?OFA ID-LOT 2 THENCE` RUN'S 89.¢44 57E,A DISTANCE OFk146-16 FEET�TO`fHE POINTiOF �BEGINNIN,G� CONTAIN r; I'NG �RE FEET .MORE,.OR_,LE'S% S,UBJECT;TO'A,;DRAIN; ;AGE�.UTIL'iTY AND;'AC-; %E1.1. bVER 14 Subscribed and sworn to me before this datersalwE � n A.public heanng�atlWhiiph,` M: 4 2006 parties m interest'and" citaens stiallrhavean• • • opportumty;'to'be�hesrd W:Nl be held bye t'h"e' • Board of bounty Com tmissto'ners ,ofIndJen': �Riyer County Flortda'*in,` ,th'e CountyyCommission -Cliambers''of'the Comity-- Admrnistration Bwldingg , • 'I'o'cated�;at4 1840„25t1i.. ',Sireet V�ero'Bea_ch`�,: Flonda,„_o''n`�Tjuesday }. �• May 23 X2006 at 9 00 am t Anyone 1who`may wishto.' appeal •anY,dertci ion,; which may;be;made:at:: ,Not this,meeting°wtil need +ter MARY T. BYRNE to ensure that axveaba NWM Public-State Of RWMB tem record.of the pro Geed- made which' is MyCWm%SiDhE Aug2,2D8 ui"eludes the tesLmony:.: CpRtmmisaiOt1 8 C@[3MO4 and pevtdonce'u,ion: Banded ByNatioaalNo"AW. which therapp2ealiwillYbe` �n based� � 4 INDIAN RIVER COUNTY;:• ';,_ BOARD,OF;COUNTYq;� •-, COMMISSIONERS �; BY:-s�',ArthurR•k-t,.,.=.w