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Home My WebLink About2002-119 70 RESOLUTION 2002-119 � UVW RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, W ABANDONMENT,VACATION AND DISCONTINUANCE OF THAT PORTION c� OF 781}i COURT BETWEEN 133' PLACE AND 134th STREET AND Ln RESERVING A 20' WIDE DRAINAGE AND UTILITY AND EASEMENT IN THE CENTER OF THE RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on March 5, 2002, Indian River County received a duly executed and documented petition from Frank Catala of Sebastian, requesting that the County close, vacate, abandon,discontinue,renounce and disclaim any right,title and interest of the County and the public o in and to a portion of 78t' Court between 133`h Place and 134th Street as shown on the plat of the C— X- Town of Wauregan, as recorded in Plat Book 1,Page 17 of the public records of Brevard County, z Florida, said lands now lying 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 N s WHEREAS,after consideration of the petition,supporting documents,staffinvestigation and A z, report,and testimony of all those interested and present,the board finds that the subject right-of-way ri S 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 that certain right-of-way being known more particularly as: All that portion of 78t'Court(Beech Street)lying between 133`d Place(Manatee)and 134th Street(Brevard)and between Block 51 and Block 52A,Town of Wauregan,as recorded in Plat Book 1, Page 17,Public Records of Brevard County, Florida, said land now situate in Indian River County, Florida, subject to a 20 feet wide Utility Easement retained along the centerline of aforesaid 78th Court (Beech Street). Containing 21,000 square feet, more or less. _ c-n is hereby forever closed, abandoned, vacated, except that a 20' wide drainage and utility c n easement is expressly reserved along the centerline of the right-of-way. (see Exhibit "A", attached) Cn 2. The closing,vacation,abandonment,of this public right-of-way is in the best interests of the W public. co F:Community Development\Users\CurDev\RESOLLTCatala.doc 1 RESOLUTION 2002- 119 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 ofpublication 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, or blocks. The foregoing resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner G i nn ,and upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht AyP_ Vice-Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Thomas S. Lowther Aye Commissioner Arthur R. Neuberger Aye The Chairman thereupon declared the resolution duly passed and adopted this 17th day of December 2002. ATTEST: ' Jy.KaBOARD OF COUNTY COMMISSIONERS rounr of�InIND R C FLORIDA BY: BY: �x . nneth R. acht, Chairman I3e }fl �erk`, \\,� ''' Board of County Commissioners a F;dr4 ttw{1.kµ .. J4 k . I HEREBY CERTIFY l At on this day, before me, and officer duly authorized in this State and % County to take acknowledgments, personally appeared Kenneth R. Macht , and C PATRIG1A IL�E1.Y as Chairman of the Board of County Commissioners and Deputy Clerk, c Cl1 n respectively,to me known to be the persons described in and who executed the foregoing instrument $10 and they acknowledged before me that they executed the same. -0 CA W FACommunity Development\Users\CurDev\RESOLLMCatala.doc 2 Y16 RESOLUTION 2002-1'19 Notary Publfc o� Kimberly E.Massung *. .: MY COMMISSION#CC855436 EXPIRES APPROVED AS TO LEGAL SUFFICIENCY " 15,2003 BONDEDTH UuTROY FNNItaSURgIJMIHG ltf, jo� n BY: W� � William G. Collins, Deputy County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, AICP,Uision ctor Community Development / V1 �t3 -a Gn ut O 3 FACommunity Development\Users\CurDev\RESOLUT%Catala.doc A WPM PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA scxtmovvana 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; NOTICE of and affiant further says that she has neither paid nor promised any person, firm r rebate, commission or refund for the purpose of securing this advertisement for publicaTo tion cationin the n adiscount, p daslno, said newspaper. The Press Journal has been entered as second class matter at the Post Office in Vero Beach, vacation Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. w. . 7i1j1 M 'IniBore Ad--# NameDateEd"-2w-J21111 t +Mlr tr(do more PricePe_ r Dav PO # °tbY f/-rcrib" p Alt thaf Part* of Beech 2577821 I.R.C. Planning Dept. 5��IsNween M°nO 9 P 12/01/2002 vi, eword Avemre; 554.36 beech streetSI"gea.,9lock I52-A, Total $54.36 town WwVotx"an Plat Boiak 1; 7 �4ibNc;Remrds of CemMy PloriQo said fond nmw sih(gfe,in ITKkW Rho;CpuAh Flo'Ida,z6blect b a,,2'{I fret•'kk uMfBy eai�- rMSMhd.alang?fie con. in*' xoforesaid Beeeh. SSt left• itainlnp 21,000 mr 11sa A+public ' "Idv PidtFie#�q9e- atta call *0hawr�effr ,Ify.�r ,boom* M+IB be heid by N+e i doara Comeiis=. Tto Int Rlwi Coun> fl,7 00 County Of Cov1By afion bulld- 1d 1°i 40 2501- Stent, .Pero Florid Subscribed and sworn to me before this date: 1, a,,.Beaeh,20 .4 flee Fl t7, Anyene:"who shay"`artih to 01/13/2003 °" '"'" dKWon whiCh at n the � dna'evtaenq -- ------------- z° tr` ?°dl �rrr COt1NTY r $Y1KetptilAr'Moeht,' . Chgirmon Notary Public 2'77821E c-n EB7EVERLYEHNER 10/8,04u1736:?R e �,� PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA 11MAM 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 Price Per Day PO # NOTICE OF 2594538 I.R.C. Planning Dept. 12/23/2002 $19.32 ABANDONMENT Notice is hereby given tbf Total $19.32 Resolution 2002-119 was adopted by the Board of County Commissioners of Indian River County, Florida, closing, vacating and$ban- cloning-a,portion of 78th Court-between..133rd Place anal .,134th Street as desrxibed.in the above refer- encod raololon,with certain rights reserved by the County. 1Nt 1p�t RtVIER COUNTY BQA(& QK COUNTY COMMISS ERs AY.s%Jf prttMh.k. Macht; Choi rnwn PublilshoOt 1403,1002. c,35'b4588e Subscribed and sworn to me before this date: 12/24/2002 r — ----------- 0 Notary Public CJ7 ,�oF Fro BEVERLY M.KEEHNER _. ( 11TARY d My Comm Exp. 10/8/04 Ln Pusuc No.CC 973628 -117" rsonaly Known I I Other 1.D. N