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Home My WebLink About2007-132A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK RESOLUTION 2007- 132 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A SEGMENT OF 6TH AVENUE SW ADJACENT TO LOT 39 OF DIXIE GARDENS UNIT 2, RESERVING A DRAINAGE AND UTILITY EASEMENT OVER THE ENTIRE RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on January 23, 2007, Indian River County received a duly executed and documented petition from Robert Pickett, Jr. 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 a segement of 6th Avenue SW adjacent to lot 39 of Dixie Garden Unit 2, Plat Book 4, Page 49 of the Public Records of Indian River County, Florida, said lands now lying and being 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 right-of-way more particularly described as follows: LEGAL DESCRIPTION BEGINNING AT A POINT MARKING THE SOUTHWEST CORNER OF LOT 39, DIXIE GARDENS, UNIT -2. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 49 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, THENCE ALONG THE SOUTH LINE OF SAID DIXIE GARDENS,. WEST TO THE WEST LIMITS OF SAID PLAT A DISTANCE OF 35.0 FEET, THENCE ALONG SAID WEST LINE, NORTH TO THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 39, A DISTANCE OF 92.30 FEET. THENCE ALONG SAID WESTERLY EXTENSION, EAST TO THE NORTHWEST CORNER OF SAID LOT 39, A DISTANCE OF 35.00 FEET, THENCE ALONG THE WEST LINE OF SAID LOT 39, SOUTH TO 92.50 FEET TO THE PLACE AND POINT OF BEGINNING. Lying in Indian River County, Florida. is hereby forever closed, abandoned, and vacated, except that a drainage and utility easement is expressly reserved for drainage and utility purposes, over the entire right-of-way. (see Exhibit "A", attached) F:\Community Development\Users\CurDev\RESOLUTION\2007 Resolutions\Pickett ROWA 2007- .rtf 1 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK RESOLUTION 2007- 132 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 the adjacent property to the east. The foregoing resolution was offered by Commissioner Bowden adoption. The motion was seconded by Commissioner Flescher to a vote, the vote was as follows: Chairman Gary C. Wheeler Vice Chairman Sandra L. Bowden Commissioner Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Ay e Aye Ay e Aye Aye who moved its , and upon being put The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of October , 2007. ATTEST: Jeffrey K. Barton County of Indian River BY: BOARD OF COUNTY COMMISSIONERS INDIAN ' VER COUNTY, FLORIDA BY: _ `'. (`', Ga i . Wheeler, Chairman Deputy Clerk Board of County Commissioners I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared C. U0keeter, arliatimen &WO &.fas Chairman of the Board of County Commissioners anti 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. od WITNESS my hand and official seal in the County and State last aforesaid this a day of G�4ob-el- , A.D., 2007. �O�pRT" e?,,, DARCY R. VASILAS * MY COMMISSION I DD 391140 EXPIRES: January 31, 2009 '' OF Ftoe Bonded Thru Budget Notary Services F:\Community Development\Users\CurDev\RESOLUTION\2007 Resolutions\Pickett ROWA 2007- .rtf 2 RESOLUTION 2007- 132 APPROVED AS TO LEGAL SUFFICIENCY BY: William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Ro ert . Keating, AICP, Community Development ).rector ivision F:\Community Development\Users\CurDev\RESOLUTION\2007 Resolutions\Pickett ROWA 2007- .rtf A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK 3 LW/Z I/Zwr 13: i 1 rxx RESOLUTION 2007-132 Ij002/002 LEGAL DCSCRIP TIONt BEGINNING AT A POINT MARKING THE SOUTHWEST CORNER OF LOT 39. DIXIE GARDENS. tNT-2. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT KOOK 4. PAGE 49 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA( ThtENGIr ALONG The SOUTh LANE or SAID DIXIE GARDEVS, WEST TO THE WEST UNITS OF SAID PLAT A DISTANCE OF 35.0 FEET( THENCE ALONG SND WEST UNE. NORTH TO DME WESTERLY EXTENSION OF THE NORTH LIVE OF LOT 39. A DISTANCE OF 92.30 FEET, THENCE ALONG SAID WESTERLY EXTENSION. LAST TO THE NORTHWEST CORNER Of SAV LOT 3Q, A DISTANCE Of 35.00 MT! THENCE ALONG THE WEST UTNE OF SAID LOT 39. SOUTH TO 42.50 FEET TO THE PLACE AND PONT OF BEGNIMNG. 1 SOUTH LIMITS OF PLAT Icl 1 C70'R/W) WILLXAM E. YI TRST a.aeasyasseoNAZ. • IJ -7a .a. ILMI TIM DAT rr-oituays. stli¢OIIOTWIATlktt xo 441A THIS SURVEY MAP IND REPORT OR CIIP1EB TSF ARE NOT VALID WITHOUT THE SREATuREAHD t7RIG1NAL RAISED SIAL GF A Fi-ORLDA LICENSED SURVEYIift AND MAPPER. P.0.al. S.W. CO!. ! LOT 38 35.00' • a H.W. cog. LOT 31 • O'b oA / 35.00' WESTERLY EXTEN6ION of THE NORTH LINE of LOT 39 7G' PAVEMENT 7r11 LANE SW a loldlerj 131/01411035 II�YTr IFY THAT THE ATTACHED SKETCH OF SURVEY uF THE HEREON DESCRIBED PROPERTY IS TRUE ANC CORRECT 70 THE DET uF HY KNoILEDGC AND BELIEF AS SURVEYED UNDER MY DERECTmN. 1 FURTHER CERTIFY THAT THIS SURVEY MEETS THE NtNXMUN TECHNICAL STANDARDS FUR LAND SURVEYING IN THE STATE OF FLORIDA (CHAPTER ILG17-0 PURSUANT TO SECTION 472.07, FLORIDA STATUTES SUBJECT TD THE QUALIFICATIONS NOTED HEREIN. HAYHURST LAND SURVEYING INC t R1IFICA11: OF Au1HOREZA110N NUMBER (LB, 73I4) 843 8TH STREET VERO BEACH, FL. 32962 PHONE: (772) 569-6680 FAX: 5772) 770-3446