HomeMy WebLinkAbout2008-174RESOLUTION NO. 2008- 174
1960577.
THIS DOCUMENT HAS B=EN
RECORDED IN THE PUB -IC REORDS
OF INDIAN RIVER COUNTY FL
BK'. 2305 PG 1357, Pa!W o14
1124/2008 at 03:55 PM,
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS �A$roN, cL=RK of COURT
INDIAN RIVER COUNTY, FLORIDA, AMENDING ANNDP'
CORRECTING RESOLUTION 2008-141, ABANDONMENT OF A
SEGMENT OF 107TH COURT IN VERO LAKE ESTATES.
WHEREAS, on September 16, 2008, the Board of County Commissioners approved a
Resolution abandoning a section of right-of-way for 107t" Court between 94`" Street and County
Road 512 in Vero Lake Estates; and
WHEREAS, the legal description in the Resolution and exhibit stated the right-of-way was
in the subdivision of Vero Beach Estates instead of the correct subdivision of Vero Lake Estates;
and
NOW, THEREFORE,
WHEREAS,
this
error needs to be corrected so that the Public Records reflect the correct
parcel
of real estate
to be
abandoned,
NOW, THEREFORE,
BE IT
RESOLVED BY
THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN
RIVER
COUNTY, FLORIDA,
THAT:
The legal description of the property abandoned by Resolution No. 2008-141 is hereby
corrected to read:
BEING A PORTION OF 107T" COURT (A 60 FOOT RIGHT OF WAY) AS
SHOWN ON VERO LAKE ESTATES UNIT NO. 4, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31 OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BOUNDEDAS FOLLOWS,
ON THE NORTH BY THE SOUTH RIGHT OF WAY OF FELLSMERE ROAD
(C.R. 512) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION
MAP SECTION 88081-2403, SHEET 10 OF 11; ON THE EAST BY THE EAST
RIGHT OF WAY LINE OF 107TH COURT (A 60 FOOT RIGHT OF WAY); ON
THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF 94TH STREET (A 60
FOOT RIGHT OF WAY); ON THE WEST BY THE WEST RIGHT OF WAY LINE
OF 107TH COURT (A 60 FOOT RIGHT OF WAY). CONTAINING 31161.18
SQUARE FEET OR 0.715 ACRES MORE OR LESS.
2. All right,
title,
and interest of the County and the
public in and
to that certain right-of-way
described
above
is hereby forever closed, abandoned,
and vacated.
(See Exhibit "A" attached.)
3. The closing, vacation and abandonment of this public right-of-way is in the best interests of the
public.
4. Notice of the public hearing for adopting of Resolution 2008-141 was published one time on
August 31, 2008, at least two weeks prior to the date of the adoption thereof.
5. Notice of the adoption of Resolution 2008-141 was published once on September 25, 2008,
within (30) days following its adoption.
6. Neither of the required public notice publications contained the incorrect legal description.
RESOLUTION NO. 2008- 174
7. The Clerk is hereby directed to record this Resolution together with the proofs of publication
required by Florida Statutes Section 336.10 in the Official Record Books of Indian River
County without undue delay.
8. The right-of-way shall revert to the adjacent property on both sides of the right-of-way.
The resolution was moved for adoption by Commissioner 0' Bryan , and the
motion was seconded by Commissioner Wheeler 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
The Chairman thereupon declared the resolution duly passed and
day of November, 2008.
Attest: J. K. Barton, Clerk
By
Deputy Clerk
APPROVED AS TO LEGAL SUFFICIENCY
BY: C(� r l
William G. Collins, County Attorney
APPROVED AS TO PLANNING MATTERS
BY: i
Robert M. Keating, AI P, Dire
Community Development Divi ' n
AYE
AYE
AYE
AYE ,
AYE J r;
)pted is
BOARD OF CO"TY�C0IVIMI8SIONVI
11
INDIAN RIVER COi'Nrhr ; TLORT£2A
r
avv Chairman
cl
COUNTYATTORNEY'S OFFICE
INDIAN RIVER COUNTY
1801 27th Street
Vero Beach, Florida 32960
LEGAL DESCRIPTION
FOR
RIGHT OF WAY ABANDONMENT
LEGAL DESCR/PT/ON.•
TAINING. 31161. 18 SQUARE FEET OR 0.715 ACRES MORE OR LESS.
BEING A PORTION OF 107th COURT (A 60 FOOT RIGHT OF WAY) AS SHOWN ON
VERO LAKE ESTATES UNIT NO. 41 ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 6, PAGE 31 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA. BOUNDED AS FOLLOWS, ON THE NORTH BY THE SOUTH RIGHT
OF WAY OF FELLSMERE ROAD (S.R. 512) AS SHOWN ON FLORIDA DEPARTMENT OF
TRANSPORTATION MAP SECTION 88081-240J. SHEET 10 OF 11 AND AS RECORDED
IN OFFICIAL RECORDS BOOK 290, PAGE 522, INDIAN RIVER COUNTY RECORDS, ON
THE EAST BY THE EAST RIGHT OF WAY LINE OF 107th COURT (A 60 FOOT RIGHT
OF WAY); ON THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF 94th STREET (A
60 FOOT RIGHT OF WAY); ON THE WEST BY THE WEST RIGHT OF WAY LINE OF
107th COURT (A 60 FOOT RIGHT OF WAY).
CON
NorEs•
1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT
A BOUNDARY SURVEY.
2 THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION
/S N.8933'10'E ALONG THE SOUTH RIGHT OF WAY L/NE OF 5. R, 512.
3 THE INFORMATION WAS PROVIDED BY RACETRAC PETROLEUM, /NC. "
SURVEYORS CERT/F/C,AT/ON.•
/ HEREBY CERT/FY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION"
WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MIN/MUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLOR/DA BOARD OF PROFESS/OVAL
LAND SURVEYORS AND MAPPERS IN CHAPTER 61017-6, FLOR/DA STATUTES,
AND THAT IT /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RA/SED SEAL
OF A FLORIDA L/CENSED SURVEYOR AND MAPPER.
NOT VALID W77HOUT SHEET 2 OF 2
MSTER
ONAL LAND
791 NORTHEAST DIXIE HIGHWAY
JENSEN BEACH, FLORIDA 34957
PHONE 772-334-0888
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR. RACETRAC PETROLEUM, INC.
S17F LOCA TED.- STATE ROAD 512 & 108th AVENUE
FEILSMERE, INDIAN RIVER COUNTY, FLORIDA
NORTH LINE OF SE1/4 OF SE1/4 OF SECAON 20-31-38 _
CENTERLINE AS PER FDOT MAP SECTION 88081-2403 (SHEET 10 OF 11)
FELLSMERE ROAD (STA TE ROAD 512)
PLATTED LOT LINES FOR BLOCK D' ORIGINAL PLATTED LOT LINES FOR BLOCK C'
a
o LOT 1
LOT 12 LOT 13 o
U
O
mW
BLOCK D'
67'(P
130'(P)
�O
O�
LOT 11 LOT 2
LOT 10
LOT 9
1
LOT 8
LOT 7 LOT 6 LOT 7
R=15.00 L= .25' D=8957'00" ` LOT 6
R=25.00' L=Lr90173'00"
130 (PJ 110, ooo 130 (PJ
W NORTH R/W CINE OF -
N893073 94th STREET
CENTERL/NEOF 94th STREET (60' R/W)
LOT 3
LOT 4
LOT 5
730 (P)
LOT 12
N883.i'11 "E
60.04
LOT 13 LOT 1
-Do T
a ROR/DA OEPARTUENT
OF TRANSPORTA RCN
R/W m RIGHT OF WAY
PB =
PLAT BOOK
PG =
PAGE
(P) =
PLAT
BLOCK
87'(P)
130'(P)
O a
LOT 11 LOT 2
a
' J
FS ~ O V
' O a mW LOT 10 LOT 3
� J
> ?
t C
oo LOT 9 LOT 4
130 (P)
W
i o LOT 8 LOT 5
130 (P)
60.00'
SKETCH OF DESCRIPTION
FOR
RIGHT OF WAY ABANDONMENT
SHEET 2 OF 2 (NOT TO SCALE)
NOT VALID WITHOUT SHEET 1 OF 2
C.�
LAND
791 NORTHEAST DIXIE HIGHWAY
JENSEN BEACH, FLORIDA 34957
PHONE 772-334-0888