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Home My WebLink About2001-058 d w 1NE"ECOMS OR JEFFREY K.BARTON CLERK CIRCUIT COURT INDIAN RIVER CO.,FLA. (/ INOUM RKR COUNTY RESOLUTION NO. 2001D58 —' RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN c1-i RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A NUMBER OF C=) RIGHTS-OF-WAY WITHIN THE FELLSMERE FARMS COMPANY'S PLAT, �10 SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on June 23, 1999, Indian River County received a duly executed and documented petition from Ernie Caldwell of Winter Haven, Florida, and an amended petition on February 22, 2001 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 number of unnamed o rights-of-way contained within the"plat of Fellsmere Farms Company's Subdivision of unsurveyed ._ Township 32 South, Range 37 East in St. Lucie County, Florida" recorded in plat book 2, page 8 records of St. Lucie 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 72 consider said petition was duly published; and WHEREAS,after consideration of the petition, supporting documents, staff investigation and o 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 those certain rights-of-way being known more particularly as: All that part of the unnamed rights-of-way contained within the "plat of Fellsmere Farms Company's Subdivision of unsurveyed Township 32 South,Range 37 East in St. Lucie County, State of Florida", recorded in plat book 2, page 8 public records of St. Lucie County, florida (now lying C, and being in Indian River County, Florida), being more particularly described as follows: 1. That certain 50 foot wide right-of-way lying south of tract 120(less the west 45 feet -- thereof)tracts 121, 122 and 123, and north of tract 220 (less the west 45 feet thereof) c n Q" tracts 221, 222 and 223 (commonly known as "Ditch 25"). c�-z 2. That certain 50 foot wide right-of-way lying south of tract 220 (less the west 45 feet thereof)tracts 221, 222 and 223, and north of tract 320(less the west 45 feet thereof) �- tracts 321, 322 and 323 (commonly known as "Ditch 26"). 3. That certain 50 foot wide right-of-way lying south of tract 320(less the west 45 feet thereof) tracts 321, 322 and 323, and north of tract 420(less the 45 feet thereof)tracts 1 Resolution No. 2001-058 thereof)tracts 321, 322 and 323, and north of tract 420(less the 45 feet thereof)tracts 421, 422 and 423 (commonly known as "Ditch 27"). 4. That certain 60 foot wide right-of-way lying south of tract 420(less the west 45 feet thereof) tracts 421,422 and 423, and north of tract 520 (less the west 45 feet thereof) tracts 521, 522 and 523 (commonly known as "Ditch 28"). 5. That certain 50 foot wide right-of-way lying south of tract 520 (less the west 45 feet thereof) tracts 521, 522 and 523, and north of tract 620 (less the west 45 feet thereof) tracts 621, 622 and 623 (commonly known as "Ditch 29"). 6. That certain 50 foot wide right-of-way lying south of tract 620 (less the west 45 feet thereof)tracts 621, 622 and 623, and north of tract 720 (less the west 45 feet thereof) tracts 721, 722 and 723 (commonly known as "Ditch 30"). 7. That certain 50 foot wide right-of-way lying south of tract 720 (less the west 45 feet thereof) tracts 721, 722 and 723, and north of tract 820 (less the west 45 feet thereof) tracts 821, 822 and 823 (commonly known as "Ditch 31"). 8. That certain 60 foot wide right-of-way lying south of tract 820(less the west 45 feet thereof)tracts 821, 822 and 823, and north of tract 920(less the west 45 feet thereof) tracts 921, 922 and 923 (commonly known as "Ditch 32"). 9. That certain 50 foot wide right-of-way lying south of tract 920 (less the west 45 feet thereof) tracts 921, 922 and 923, and north of tract 1020 (less the west 45 feet thereof) tracts 1021, 1022 and 1023 (commonly known as "Ditch 33"). 10. That certain 50 foot wide right-of-way lying south of tract 1020(less the west 45 feet thereof) tracts 1021, 1022 and 1023, and north of tract 1120 (less the west 45 feet thereof) tracts 1121, 1122 and 1123 (commonly known as "Ditch 34"). 11. That certain 30 foot right-of-way lying west of tract 1120 and east of tract 1119. 12. That certain 60 foot right-of-way lying west of tract 1116 and east of tract 1115. 13. All of that part of the remaining right-of-way commonly known as the"east boundary dike and canal right-of-way", not here-in above described, more particularly CD described as follows: All that part of tracts 123, 223, 323, 423, 523, 623, 723, 823, 923 and 1023 less and excepting the west 1111.25 feet thereof, (as previously .�- conveyed by the Fellsmere Company to the Fellsmere Drainage District and described in deed book 10,page 15,public records of Indian River County, Florida). cn c� 14. The north 1/2 of that certain 50 foot wide right-of-way lying south of tracts 1115 W through 1122 inclusive (commonly known as "Ditch 35"). U] 2 Resolution No. 2001-058 Now Lying in Indian River County,Florida is hereby forever renounced,disclaimed, closed, abandoned, vacated, and discontinued. 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. Title to the right-of-way described in Section 13 above shall vest in the owner of those Tracts from which said right-of-way was originally severed. The right-of-way described in Section 10 above(known as "Ditch 34") adjoining Tract 1023 shall vest in the owner of Tract 1023. Title to the right-of-way described in Section 14 above shall vest in the owner of those Tracts adjoining said right-of-way to the North.The title to all other rights-of-way shall vest equally in the owner(s) of the Tracts which adjoin said rights-of-way. 5. 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. The foregoing resolution was offered by Commissioner Adams_ _who moved its adoption. The motion was seconded by Commissioner Macht , and upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice-Chairman Ruth Stanbridge Aye Commissioner Fran Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John Tippin Ave The Chairman thereupon declared the resolution duly passed and adopted this 12th day of June , 2001: 0 ATTEST: Jeffrey K. Barton BOARD OF COUNTY COMMISSIONERS f County of IPC11 n River INDIAN RIVER COUNTY, FLORIDA cs-t w5 'f. U GBY: W BY. a Ruth M. Stanbridge, Vice qhairman -..a Deputy Clerk. Board of County Commissioners Cn r 3 A ' Resolution No. 2001-058 I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared Ruth M. Stanbri da e andpAIRMI A M. R I D GE LY Vi ce- 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 12th day of June , A.D., 2001. Notary Publ c �;Y:►i • Kimberly E.Maaeung MY COMMISSION#CC855436 EXPIRES July 15,2003 APPROVED AS TO LEGAL SUFFICIENCY '?p '' KMDED THRU TROY FAIN MURANCE,WC BY: William G. Collins, Deputy County Attorney APPROVED AS TO PLANNING MATTERS _a BY: -'� Robert M. Keating, AICP, D' ector ,,, Community Development vision G7 --o GJ FACommunity Development\Users\CurDev\ABANDON\stjohns.res 4 S.J.R. W.M_D. / JACK M. BERRY GROVES PETITION TO VACATE PLATTED RIGHTS-OF-WAY WITHIN PLAT OF "FELLSMERE FARMS COMPANY'S SUBDIVISION OF UNSURVEYED TOWNSHIP 32 SOUTH, RANGE 37 EAST IN ST. LUCIE COUNTY, STATE OF FLORIDA", RECORDED IN PLAT BOOK 2, PAGE 8, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. VACATED RIGHTS—OF—WAY SHOWN IN RED. NOT TO SCALE A i 1 0 2464 ±.2463 2462 2461 2460 2459 2458 2457 2456 2455� 2454 2453 2452 2451 2450 2449 2448 2447—g 48 7 y Ss a'aw, 'SYR w •0 "O ..�.. DETAIL " i I! 115 1 1 6 1 1 7 118 1 19 ® X20 121 122 0123 0 O� �rw... DETAIL "E" � � �� -- --—-_ �+ r.w.c.D. armn AND Hann ' .. ��• n/w- •x.. ae• O Www 215 216 217 218 219 220 221 222 223 r.w,C.s. De7cn AND sown s/w- -xe. Be- 315 a-315y 316 317 318 319 320 321 322 323 —j r.w.C.D.`D77CR AMD NO" 81W- -x.. 87- "^'' "'� '!L_•L �O �d 41511 41 6 417 418 41 9 `m420 ii I 421 422 423 O Dr ff AND sono n/b- -N.. aa• '__M MATCHLINE M TCHLINE DE AILNIL llf� 515 �i� 516 517 518 519 520 521 522 523iw OLE 19ds11180 �i 415 �ii 416 417 418 419 420 421 422 423 r.w.e.n, Sicca wND aoAP .. .. 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