HomeMy WebLinkAbout2003-049ENG/KTP
RESOLUTION NO. 2003- 049
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR 77TH WAY
(AVENUE 5) FROM ROSELAND ROAD TO 354 FEET, MORE OR
LESS, SOUTH OF ROSELAND ROAD TO BE DESIGNATED AS A
LIMITED USE RIGHT-OF-WAY; SAID RIGHT-OF-WAY LYING IN
THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY,
FLORIDA.
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, 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 a request from John Boyer, P.E.,
of Mastelier & Moler, Inc, agent for Eckerd's Drug Store, to designate the segment of
th
77Way (Avenue 5) from Roseland Road to 354 feet, more or less, south of Roseland
Road as a "limited use right-of-way", said right-of-way segment shown on the attached
map (SEE EXHIBIT "A")
WHEREAS, Indian River County has determined that lots 5, 6, 7 and 8 of Van
Bergen and Hendry's Addition to Roseland plat that abut the subject right-of-way have
frontage on the 77th Drive (Avenue 4) road right-of-way; and
WHEREAS, Indian River County has notified by regular mail the owners of
record of lots 5, 6, 7 and 8 that abut the subject right-of-way of the public meeting at
which the Board of County Commissioners will consider designating the subject right-of-
way 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 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 purposed but may be used for access to the property
F:\Engineering\Kimp\General\77th Way -Resolution 03-17-03-cjk.doc
.ENG/KTP
RESOLUTION NO. 2003- 049
designated as Tract "A" on the attached sketch, drainage and utility uses authorized by
the county.
The foregoing resolution was offered by Commissioner G i n n
who moved its adoption. The motion was seconded by Commissioner
Adams , and upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht
Vice Chairman Caroline Ginn
Commissioner Fran B. Adams
Commissioner Thomas S. Lowther
Commissioner Arthur T. Newberger
Aye
Ay e
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly passes, and adopted: this°
15th day of April ,2003.
Att . Barton,
B gar. 'c:
Deputy Clerk
PATRICIA M. RIDGELY
APPROVED AS TO LFGAL
SUFFIENCY
By:
William G. Collins, II
County Attorney
BOARD OI. COUNTY COMMISSIONERS,
OF I t N. RIVE' COUNTY
,P f
ennethR.1v1acht, Chairman
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Indian River,Couiity
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F:\Engineering\Kimp\General\77th Way -Resolution 03-17-03-cjk.doc
MAP OF SURVEY FOR 1
Sketch of Legal Description
Prepared For
Flagler Realty and Development
POINT OF , N
COMMENCEMENT ROSELAND ROAD
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507201.DWG DISK #CD48
TYPE: SKETCH OF LEGAL oESCHIPn0N
DATE: 3/12/03 IPS. PC.
PRO.ECT NO.: 03-507201
ORA WN BY: CJG
CHECKED BM RR
SCALE: 1•.50'
SHEET: 1 CC 2
( IN FEET )
1 inch = 50 ft.
JW STELLER, MOLER & REEL INC
A\ PROFESSIONAL .CORfE'PORJAND MAPPEIEr qz
LAND SORiFYINGWVA6SSMLRJ6N
2205 1411, Av.. V.o Bach. Randa 32960 (561) 564-6050
Flagler Realty and
Development
200
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FL6710.+' Sar Si' ~ ANO MAPPER.
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EXH1T
Sketch of Legal Description
Prepared For
Flagler Realty and Development
DESCRIPTION
A LEGAL DESCRIPTION FOR 77TH WAY (AVENUE FIVE) ACCORDING TO THE PLAT OF
VAN BERGEN & HENDRY'S ADDITION TO ROSELAND AS RECORDED IN PLATBOOK 3,
PAGE 39 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE RIGHT-OF-WAY INTERSECTION OF U.S. HIGHWAY NO. 1 AND
ROSELAND ROAD THENCE N41°34'18"E ALONG THE SOUTHERLY RIGHT-OF-WAY OF
ROSELAND ROAD A DISTANCE OF 137.82 FEET TO THE NORTHEAST CORNER OF SAID
TRACT A, VAN BERGEN & HENDRY'S ADDITION TO ROSELAND; THENCE S48°08'34"E
ALONG EASTERLY LINE OF SAID TRACT "A", A DISTANCE OF 10.00 FEET TO THE POINT
OF BEGINNING; THENCE N41 °34'18"E ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
ROSELAND ROAD, A DISTANCE OF 50.00 FEET; THENCE S48°08'34"E ALONG THE
EASTERLY RIGHT-OF-WAY OF 77TH WAY (AVENUE FIVE PER PLAT), A DISTANCEOF
354.58 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 77TH WAY; THENCE
S41 °51'26"W ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF 77TH WAY A DISTANCE
OF 50.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "A"; THENCE N48°08'34"W
ALONG THE WESTERLY RIGHT-OF-WAY OF 77TH WAY AND THE EASTERLY LINE OF
SAID TRACT "A" A DISTANCE OF 354.34 FEET BACK TO THE POINT OF BEGINNING.
CONTAINING 17,722.77 SQUARE FEET OR 0.41 ACRES, MORE OR LESS. SUBJECT TO
ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
TYRE: VETO" OF LEGAL OESCR:71108
07111: 3/12/03 IF6. PC.
PROJECT 140.: 03-5072.01
DRAWN 0Y: CJC
04001ED 6Y: RR
SCALE: 1'.50'
57EET: 2 OF 2
YKSTELLER, MLER & REE DJ/YG
PROFESS/ONALSURib'YORSANO AU/WA?
LANDS//RI617ACRC67,TaVYLR dew
2205 1418 6wiu• Vero 64018. F1R760 32960 (561) 564-60550
I MAP OF SURVEY FOR I
Flagler Realty and
Development
NOT 1NCUT TY
AND ICINAL R
FL01:I1
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3.GNATURE
=SEAL CF A
'ANO MAPPER,
ROD RECO. PS 3916
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