HomeMy WebLinkAbout2003-138f
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RESOLUTION 2003-138
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF
14T11 STREET ADJACENT TO LOT 32, BLOCK M, ROCKRIDGE
SUBDIVISION, UNIT 5 AND RESERVING A DRAINAGE, CANAL
MAINTENANCE ACCESS, AND UTILITY EASEMENT OVER THE ENTIRE
RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on August 27, 2002, Indian River County received a duly executed and
documented petition from Dennis Bayles of Vero Beach, 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 14th Street adjacent to Lot 32, Block M, Rockridge Subdivision, Unit 5, as
shown on the plat of the Rockridge Subdivision, as recorded in Plat Book 5, Page 2 of the public
records of Indian River County, 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
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, 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 24' x 56.55'
right-of-way being known more particularly as:
Commencing at the Southwest corner of Lot 32, Block M, Rockridge Subdivision
Unit 5, according to the plat thereof, as recorded in Plat Book 5, Page 2, of the public
records of Indian River County, Florida; thence S89°37'00' E along the south line of
said Lot 32, the same being the north right of way line of 14th Street as shown on said
plat of Rockridge Subdivision a distance of 19.35 feet to the point of beginning;
thence continue S89°37 00"E along the said north right of way line of 14th Street and
the easterly extension thereof, a distance of 56.47 feet; thence SOO°12'05"W a
distance of 24.00 feet to a point, said point being 24 feet south of, as measured
perpendicular to, the said north right of way line of 14th Street„ thence
N89°37'00"W and parallel with said right of way a distance of 56.55 feet; thence
N00°23'00"E a distance of 24.00 feet to the point of beginning; containing 1,356
square feet more or less.
F:\Community Development \ Users \CurDev\RESOLUT\Bayles 14th Street.doc
1496498
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1665 PG:1861, Pagel of 6
12/02/2003 at 01:39 PM,
JEFFREY K BARTON, CLERK OF
COURT
1
1.
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RESOLUTION 2003- 138
is hereby forever closed, abandoned, vacated, except that a drainage, canal maintenance
access, and utility easement is expressly reserved 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 to Lot 32.
6. That the Lot 32 property owner be required to remove any boat or R/V stored in the right of
way area being abandoned within 24 hours after being notified by the County.
The foregoing resolution was offered by Commissioner Adams who moved its
adoption. The motion was seconded by Commissioner Lowther , and upon being put to
a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice -Chairman Caroline D. Ginn Nay
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 21st day of
October , 2003.
ATTEST: Jeffrey Kton`, ' r ; BOARD OF •UNTY C MISSIONERS
unty India ' ' ' r INDIAN;: E'. CO . TYORID
BY: sj I i
BY:enneth R. Macht, Chairman
Board of County Commissioners
F:\Community Development \Users\CurDev\RESOLUT\Bayles 14th Street.doc
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RESOLUTION 2003-A38
I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and
County to take acknowledgments, personally appeared Kenneth R. Mac ht , and
PATRICIA M. COMELY 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 that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 21st day of
October , A.D., 2003.
APPROVED AS TO LEGAL SUFFICIENCY
BY: C{," 11'161)/
William G. Collins,
County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
M. Keating, AI I' , 1 ' ector
Community Development D ision
F:\Community Development \Users\CurDev\RESOLUT\Bayles 14th Street.doc
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Notary Pub 1.c 7A-4411-tillt
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41.
ANIUMEISMI
COMIC LACING AT THE SOUlSWEST� OF LOT
32, BLOCK M, ROCKRIDGE SUBD N UNZ! 5,
ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOB 5, PAGE 2, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
THENCE 889'37'00'E ALONG THE SOUTH UNE OF
SAID LOT 32, THE SAME BEIMG THE NORTH RIGHT
OF WAY LINE OF 14TH STREET AS SHOWN ON SAID
PLAT OF ROCKRIDGE SUBDIVISION A DISTANCE OF
19.35 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S89'3700 "E ALONG THE SAID
NORTH RIGHT OF WAY UNE OF 14TH STREET AND
THE EASTERLY EXTENSION THEREOF, A DISTANCE
OF 56.47 FEET; THENCE S00'12'0511
A DISTANCE OF 24.00 FEST TO A POINT, SAID
P0111T BEING 24 FEET SOUTH OF, AS MEASURED
PERPENDICULAR TO. THE SAID NORTH RIGHT OF
WAY UNE OF 14TH STREET; THENCE N89'37'00"W
AND PARALLEL WITH SAID RIGHT OF WAY A
DISTANCE OF 56.55 FEET; THENCE NO0'23'OO"E A
DISTANCE OF 24.00 FEET TO THE POINT OF
BEGINNING;
CONTAINING 1,356 SQUARE FEET MORE OR LESS.
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LOT 31
POINT OF
coma:NCKkENT
S 89'37'00"
o
M. TAYLOR, P � 3 DTE
eal
TAYLOR & MOODY, INC.
PRCYESSIONAL SURVEYORS AND MAPPERS
LICENSM) D BUSINESS 1,7216
1430 — 21st STREET PHONE:((T72)-569-12.47
VERO BEACH, FL 32960 FAL (7'72)-669-9603
CANAL
Wit YARZES
19.35'
174
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IP 0
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LOT 92
BLOCK M
POINT OF
BEGINNING
4S 89'37'00" E lt6.4,7! ?
/SUBJECT /
PROPERTYse7c/
SCALE 1'=30'
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CNN. S
14TH STREET
1
25' R/► PER INDENT RIVER
APARTMENTS. PB 14 PG 59
-SULMOP
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THS SKETCH IS NOT A SURVEY
SKETCH OF PROPERTY DESCRIPTION EXHIBIT "A"
ABANDONMENT OF RIGHT OF WAY ROJ. NO.
95-1095
ROCKRIDGE SUBDIVISION UNIT 5 DATE DRWN BY
9103 I DMT
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SCRIPPS HOWARD
PRESS JOURNAL
INDIAN RIVER COUNTY, FLORIDA
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 # Billing Name
3.LZ617 �lL
C
Date(s) Matter Of
�rele
Subscribed and sworn to me before this date:
44/03
Notary Publi
NOTICE OF
PUBLIC HEARING
Notice of hearing to con-
sider a petition for the
closing, abandonment,
and vacation of the seg-
ment of 14th Street ad-
jacent to Lot 32, Block
M, Rockridge subdivi-
sion Unit 3.
Lying and being in Indian
River County, Florida,
more particularly de-
scribed as follows:
COMMENCING AT THE
SOUTHWEST CORNER
OF LOT 32, BLOCK M,
ROCKRIDGE SUBDIVI-
SION UNIT 5, ACCORD-
ING TO THE PLAT
THEREOF, AS RECORD-
ED IN PLAT BOOK 5,
PAGE 2, OF THE PUBLIC
RECORDS OF INDIAN
RIVER COUNTY, FLORI-
DA;
THENCE S89337'00"E
ALONG THE SOUTH
LINE OF SAID LOT 32,
THE SAME BEING THE
NORTH RIGHT OF WAY
LINE OF 14TH STREET
AS SHOWN ON SAID
PLAT OF ROCKRIDGE
SUBDIVISION A DIS-
TANCE OF 19.35 FEET
TO THE POINT OF BE-
GINNING;
THEN CONTINUE
S89337'00"E ALONG
THE SAID NORTH
RIGHT OF WAY LINE OF
14TH STREET AND THE
EASTERLY EXTENSION
THEREOF, A DISTANCE
OF 56.47 FEET; THENCE
500312'5" W A DIS-
TANCE OF 24.00 FEET
TO A POINT, SAID
POINT BEING 24 FEET
SOUTH OF, AS MEA-
SURED PERPENDICU-
LAR TO, THE SAID
NORTH RIGHT OF WAY
LINE OF 14TH STREET;
THENCE N89337'00"W
AND PARALLEL. WITH
SAID RIGHT OF WAY A
DISTANCE OF 56.55
FEET; THENCE
No0323'00"E A DIS-
TANCE OF .24.00 FEET
TO THE POINT OF BE-
GINNING;.
CONTAINING 1,356
SQUARE FEET MORE
OR LESS.
A public hearing at which
parties in interest and
citizens shall have an
opportunity to be heard,
willbe held by the
Board of County Com-
missioners of Indian.
River County, Florida in
the County Commission
Chambers of the County
Administration Building,
located at 1840. 25th
Street, Vero Beach,
Florida, on Tuesday, Oc-
tober 21,. 2003 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 verbatim
record of the proceed-
ings is made which in-
cludes the testimony
and evidence upon
which the appeal will be
based.
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
BY -s -Kenneth R. Macht,
Chairman
October 4, 2003
322687
SCRIPPS HOWARD
SCRIPPS TREASURE COAST
NEWSPAPERS
Vero Beach Press Journal
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 Legal Advertising
Representative 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 that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,
Florida, and that 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 the attached copy of
advertisement; and affiant further says that she has neither paid or promised any person, firm or coporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach
Press Journal has been entered as second class matter at the Post Offices 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.
Customer
Ad Pub
Number Date Copvline
I R C PLANNING DEPT/DISPLA 356833 10/30/2003 RES. 2003-138NANESSA
Subscribed and sworn to me before this date:
Octo r 30, 2003
slitIAA Ulcer
Notary Public
Y M. KEEHNER
My Comm Exp. 10/8/04
No. CC 973628
f Per ally Known 11 Other W.
PO #
0109 Nona
NOTICE OF
ABANDONMENT
Notice is hereby given
that Resolution 2003-138
was adoptedby the
Board of County Com-
missioners of Indian
River County, Florida,
closing, vacating and
abandoning a portion of
14th Street within Rock -
ridge Subdivision Unit 5,
as described in then
above referenced reso
lution, with certain'
rightsCounty. reserved by the
Indian River County
Board of County
Commissioners
By -s -Kenneth R. Macht,
Chairman
October 30, 2003
356833
1
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Jeffrey K. Barton, Clerk
(772) 770-5185
www.clerkjndian-
river.org
ransaction #: 7288
Receipt #: 6853
shier Date 12/02/2003 1:39:24 PM (OLLIS)
Page 1 of 1
11111111111111111111111111111111111
Print Date:
12/02/2003 1:39:28
PM
Customer Information
(CA) COUNTY ATTORNEY
Will Call # ADMINISTRATION BUILD
1 Payments
Transaction Information
DateReceived• 12/02/2003
Source Code: Over the
Counter
Q Code; Over the
Counter
Return Code: Will CaII
Trans Type: Recording
Agent Ref
Num:
Payment Summary
Total Fees
Total Payments
$29.20
$29.20
JV 020305
1 Recorded Items
(GOV) GOVERNMENT RELATED
$29.20
BK/PG: 1665/1861 CFN • 1496498 Date:12/02/2003
1:39:18 PM
From. INDIAN RIVER COUNTY To: IN RE RESOLUTION
NUMBER 2003-138
Recording @ lst=$6 Addt'I=$4.50 ea.
6
$28.50
Indexing @ 1st 4 Names Free, Addt'I=$1 ea.
Deed Doc Stamps @ $0.70 per $100
4
0.7
$0.00
$0.70
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12/02/2003