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Home My WebLink About2005-124 (2) ` k- UJ0 o c RESOLUTION NO. 2005-_ 124 U T- U- UJ W O W to LL a w RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF N o v INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A 60' WIDE a 0,Z- ;N z N a o W; PORTION OF 46TH STREET LYING EAST OF, 38TH AVENUE IN LORD = M F z W`0 a a CALVERT ESTATES AS RECORDED IN PLAT BOOK 5, PAGE 57. TO BE z DESIGNATED AS A LIMITED USE RIGHT-OF-WAY; SAID RIGHT-OF- „vo a m o w WAY LYING IN THE UNINCORPORATED AREA OF INDIAN RIVER ooul'zrSI! Wim. _'a •• " u- COUNTY FLORIDA rHZt= mo �U WHEREAS, on February 15, 2000, the Board of County Commissioners adopted ordinance No. 2000-004, which established in the county land development regulations a definition for and reference to "limited use rights-of-way"; and WHEREAS, "limited use rights-of-way" are defined as rights-of-way used for non- general vehicular traffic purposes such as for pedestrian, drainage, utility and other uses; and WHEREAS, the rights-of-way within Lord Calvert Estates are public rights-of-way; and WHEREAS, such a designation provides a benefit to abutting lot owners by reducing building setbacks on abutting lots; and WHEREAS, the Board of County Commissioners is authorized to designate a county right-of-way as a"limited use right-of-way"; and WHEREAS, Indian River County has received an application from Linda Cross to abandon a portion of the segment of 46"i Street lying east of 38th Avenue in Lord Calvert Estates as recorded in Plat Book 5, Page 57, and to designate the remaining portion as a limited use right-of-way; and WHEREAS, based on County review, the County has determined it is in the public's interest to designate this remaining segment as a "limited use right-of-way" rather than abandon said segment, said right-of-way segment shown on the attached map (SEE EXHIBIT "A"); and WHEREAS, Indian River County has determined that the limited use right-of-way can be used for utility purposes, drainage purposes, and driveway access to individual lots; and i WHEREAS, Indian River County has by regular mail notified the owners of record of the two lots that abut the subject right-of-way segment of the public meeting at which the Board of County Commissioners will consider designating the subject right-of-way segment as a "limited use right-of-way". NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: The subject segment of county right-of-way is hereby designated as a "limited use right- of-way" as defined and referenced in the county land development regulations, and shall'not be used for general vehicular traffic purposes but may be used for driveways, pedestrian access, drainage, emergency access and utility uses authorized by the county. F:\Community Development\Users\CurDev\RESOLUTION\2005 Resolutions\60'wide portion of 46th Street 2005-.rtf j RESOLUTION NO. 2005- 0124 The foregoing resolution was offered by Commissioner Wheel Pr who moved its adoption. The motion was seconded by Commissioner Davis , and upon being put to a vote, the vote was as follows: Chairman Thomas S. Lowther Aye Vice-Chairman Arthur R. Neuberger Aye Commissioner Sandra L. Bowden Aye Commissioner Wesley S. Davis Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 16th day of August , 2005. ATTEST: Jeffrey K. Barton BOARD OF COUNTY COMMISSIONERS County of Indian iver IND N RIVER COUNTY�FLOR{IDA' BY: Deputy Clerk � r�.�-� _��, Thomas S""Eowther Chalrrnan g- Board of County,;Commiss onM � 1 iRdf .yJ'"s�.,yr1�F d}eaoygh= - Y.:� L1�},j(P V-�! S,faiJ{te and. I HEREBY CERTIFY that on this day, before me, and officer duly�authonzed�in��hl� ��„` Count to take acknowledgments, personally appeared U S;:A4. 16eand ; i�X .rtf/fS�'a aka �v�i r Zea M. Petsel as Chairman of the Board of County Com missionesgdndeputy�Clerk,' -�Rt7�t+h �� 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 y hand and official seal in the Count and State last aforesaid this ZV— day of A.D., 2005. y� otary Public APPROVED AS TO LEGAL SUFFICIENCY °�' Y°` � R9TA M.®MITI * MY COMMISSION 4 DD 349374 EXPIRES:September 20,2008 FOF Fl.�`Oe Bonded Thru Budget Notary Services BY: William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, AICP Director Community Development Divisio FACommunity Development\Users\CurDev\RESOLUTION\2005 Resolutions\60'wide portion of 46th Street 2005-.rtf 2 pt z19' M ILJnY' f1 v <^ r �. i.OT 1 LCD L LOT 1 toco 5.ECOK, Lor 1. BLK. z LORA T 4LVfRI" ESTA115 128.,OD'P su r i gra ' } e9, f,r` r•f jTORTH R/W OF 46TH STREET 1{ � 1 R Aba'ndonmen L 10 RV�1to be P,bandoned , hti C)DDD0'�� m tt: F IE C 70' R/W ` '` r° C 60' RAY f� Eft; � � z PONT % f` t' LIMited Ube R'A'IV LICIIIC� S �`' ` r,, ' f `t F r ,/ ,�' rr�T res �, Qt' `` t, 1 't r t.ftjt 0 ,af.� CD CSL) O cn O i i ncm f sbc tt R/W Or 4G3m 5TREET/ ' 9A inbb;p !..,(DT 11 ---o- OC' BLOGK 1 --- `S t:9AR ��`sI`I �� M,RE.! " �KETGH OF INF= ORMATION CDNLY - jt,�bTIC ,0 PU73LTLr SCRIPPS TREASURE COAST HEARING Nonce of fieanng torcon. ' NEWSPAPERS s�dera petition fo"r,the closing abandonment and vaC-p of"the Vero Beach Press Journal north 1oFrofyaportion_of ;46th Street lying south::- of Lots land 2+aBlock�2 1801 U.S. 1, Vero Beach, FL 32960 and+Nortntof,Iota"_,k:epd:' i2 Block"SIM LO f, Cal AFFIDAVIT OF PUBLICATION ,'yertr states+asrsrec-ded}; in Plat BQok;5 Page 57 SCRIPPS HOWARD reserving"certam'ri;ghts-;,. to the�county Cying�anCd being m loridaIndian s' 'River ou"nty"F ;more particulart/;de ' STATE OF FLORIDA ,scribed asfollows yr", COUNTY OF INDIAN RIVER THE-�NOR,TH,IO OF THE'I Before the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Sales FOLLO,W,INGJPR0P�ER .' Manager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the TY BEGINNING�AT�THE: SOUTHEA'ST�GORN�R; attached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says 'BL'OCK+2;'OF that the said Vero Beach Press Journal is'a news a er published in Vero Beach in said Indian River County,Florida;and that d OF LOT 7 P P P ry, LORD CALVERT++ES ` said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian i TiATES+'SUBDIVI",,E.-. River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and AS RECOROEDt 0411` AV affiant further says that she has neither paid or promised any person,firm or corporation any discount;rebate,commission or SBOOK 5+PAGE 57;ItV IN refund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has DIAN�RIU,ER4COU'J;I'T been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River Coun ,Florida and has been for a period of FLORIDA :-,THENCERUN:;= one year next preceding the first publication of the attached copy of advertisement. 'SOUTH&SAL+ONG THE:i EAST BOUNDARY LINE:.. OFxSA1DvjSUBDIVISION' -,THE,,'SOUTH°RIGH,T�,:. QF WAYI,L'NE OF 46T,H : STREETFORA IDIS TANCE"O_F`70 X'FE�T�1: HENCE ;RUrN ,WEST'.'• ALONG%S.AID SO,I TH., Ad Pub ?RIGHTOFWAYxTO;THE Customer Number Date Copyline PO# 'EAST' RIGHT OF WqY ; LINE OF 38TH AVENUE FOR�A.D,tSTANCE'zOR `=' 128 FEETyTHENCE_RUN I R C PLANNING DEPT/DISPLA 1148920 7/23/2005 NOTICE OF HEARING 08/16/05 N;ORTHr'A;LO." S`AID': EAS,&,, fGHT OF.WAY." L(NETO ORTHi. RIGHTOF�WAY OF 46THs` STREET -FOR A q';IS'ti : � T�ASNCE "IR CJ ` I'T.H,ENCE =RUN EA,S<T AL'ONGr:fTHEr NO.R.gTH BIGHT OFfV17AYOF SAID ';'4QTH�"'STREET'tFQR�q�I. DISTANCQF`f128E,1r ' ;TO JTH Ej+P P..OINTxOR BEGINNiad,--% CONTAl;f31NG,0"i21, ACRES A•pubhchearing atXwfnch i. -,parties,ui;interest::and: 'citizens sli'ail havefan'. opportunity;to be beard;�;: ;will be`'held liy they, Boardi of CourityxYCom is ssione�` 4ofndian;. :`River tCounty,,Flondii'1•m '.the"County�Commission�;,i Chambers of the Coynty,, AilmmistrationbBuild-- is located at�:1840 25th Subscribed and sworn to me before this date: street veru Beach Florida on'Tuesday Au j gustl6d 2005 a t 00 f July 25 2005 An one who, a wish;tol�' appeal ahy;�de"�i�iotit'. • • which�may,�e��ad`y,at `'I this fna0Yinga wr • /� to;ensure fhatFhA werti@ tim recordYil6f the'pro ce'edih'gs is'made wljich:, includes^tfi'e testimonRol y ; wFuch the appealrJvillr�be`-' INDIAN RIVER COUNTY_,` B,QARD,OFaGOUNTsY;+�: COMMISSIONERS y BY!gfuomagS I�t`£ Notary Ub1 Lowthee Chairman�A-- Puti July 23 2005 .• X11>>4$920-,. 1O1"y�� MARY T. BYRN I Notaty Public-SS,ro lorlde • Myc0MM6SionEXl*WAu9Z2006 COMMmission 9 DD132804 Bonded By National Notary Asan. SCRIPPS TREASURE COAST �r NOTICE OFV; ® W-.gBA NDONMENT NEWSPAPERS ®, I Notice is;here1) in$ Vero Beach Press Journal that Resiilutiond2005123' 3��was adlopted�-tiy,�the; i'BoardofCounty t 1801 U9 .S. 1, Vero Beach, FL 32960 Commissioners of Indian RiverrCgunty Flo ida i' AFFIDAVIT OF PUBLICATION Clo`smgvacatm�rand z SCRIPPS HOWARD abafibl gz#a 10 de `portiontof'�46th Street'ly': ��mg�immediately we"st�,of :38th Ave'"nue asrrystiow'"n on the,'plat ofLor( vert Estates has det FATE OF FLORIDA rtscnbedm",the�atioGezre;. )LINTY OF INDIAN RIVER aferencednresolutionand ;fore the undersigned authority personally appeared,S.Darlene Mailing,who on oath says that she is Classified Inside Salesreservmg certain tnghts 3nager of the Vero Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the to therCou�nty �, -?; lached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says Indian Riv County 3t,the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that Board of;County�.Com= id newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian missioners ver County,Florida,fora period of one year next preceding the first publication of the attached copy of advertisement;and Bye sThomasS Low= dant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or rt er Chairman T+r and for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has Publish 'August 35th`' en entered-as Periodical Matter at the Post Offices in Vero Beach,Indian River-County,Florida and has been for a period-of 2005 r +� t e year next preceding the first publication of the attached copy of advertisement. ]'189365..£, wr: _w. Ad Pub ustomer Number Date Cowline PO#: 3 C PLANNING DEPT/DISPLA 1189365 8/25/2005 NOTICE OF ABANDON NOTICE OF ABANDON Subscribed and sworn to me before this date: A�ugguust 30, 2005 slota4 Public "" MARY T. BYRNE �i Notary Public - State of - ' _• My Co lv*aionExp>resAug 3 Commission 4 OD132804 Bonded By National Notary Assn.