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RESOLUTION 2003- 121
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF THAT PORTION
OF ORANGE STREET THAT LIES BETWEEN COUNTY ROAD 510 ON THE
WEST AND 46TH AVENUE ON THE EAST IN THE WABASSO AREA OF
INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, on February 7, 2003, Indian River County received a duly executed and
documented petition from Elson Smith, 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 Orange Street lying between County Road 510 on the west and 46th Avenue on the east,
bounded by Weona Park Subdivision as recorded in Plat Book 2, page 17 of the public records of
Indian River County on the north and Wabasso Tourist Subdivision as recorded in Plat Book 2 page
72 on the south, both plats recorded in the public records of Indian River County, Florida , said
lands 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
d
HWHEREAS, after consideration of the petition, supporting documents, staff investigation and
N
I report, and testimony of all those interested and present, the board finds that the subject right-of-way
4 is not a state or federal highway, nor located within any municipality, nor is said right-of-way
N necessary for continuity of the County's street and thoroughfare network, nor access to any given
private property.
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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
being known more particularly as:
All that portion of Orange Street, a 25' right-of-way, which lies between the west right-of-
way line of 46`h Avenue and the easterly right-of-way line of County Road 510. Said Orange
Street as shown on the plat of Weona Park, as recorded in Plat Book 2, page 17, of the public
records of Indian River County.
Less however, that portion lying within 80 feet of the centerline of County Road 510 and that
portion lying within 30 feet of the east line of the southwest quarter of the southeast quarter
of Section 28, Township 31, Range 39, Indian River County Florida. Containing 0.249 acre
more or less.
Is hereby forever closed, abandoned, and vacated except that the entire former right-of-way
is expressly reserved as a drainage and utility easement. 1488991
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1655 PG:994, Pagel of 5
11/05/2003 at 03:28 PM,
D DOCTAX PD $0.70
JEFFREY K BARTON, CLERK OF 1
COURT
F:\Community Development\Users\MARKZ\Docs\ROWAbands\SmithOrangeSt\ResolutionforAband.doc
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RESOLUTION 2003-121
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 m the Official Record Books of Indian River County
without undue delay.
5. The right-of-way shall revert to Weona Park Subdivision lots that lying to the north.
The foregoing resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner G i nn , and upon being put to
a vote, the vote was as follows:
Adams who moved its
Chairman
Vice -Chairman
Commissioner
Commissioner
Commissioner
Kenneth R. Macht
Caroline D. Ginn
Fran Adams
Thomas S Lowther
Arthur R. Neuberger
Aye
Aye
Aye
Nay
Nay
The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of
September , 2003.
ATTEST: Jeffrey,
County o
BY:
BOARD OF OUNTY COMMISSIONERS
INDI VE FLORIDA
BY•
Kenneth " Macht, Chairman
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 Kenneth R. Macht and
PATRICIA M. R I D G E LY as Chairman of the Board of County Commissioners and Deputy Clerk,
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ATV 111. ilnisoilln • %el '.11 art
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RESOLUTION 2003-121
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 23rd day of
September , A.D., 2003.
APPROVED AS TO LEGAL SUFFICIENCY
BY*
William G. Collins,
County Attorney
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APPROVED AS TO PLANNING MATTERS
BY:
Robert . Keating, AICP, Dire
Community Development Divis on
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Notary Public
41Y !U iii
Kimberly E. Massung
gelMYCOMMISSION # DD216503 EXPIRES
` July 15, 2007
.r';F fiF .1.Q;` BONDED THRU TROY FAIN INSURANCE, INC
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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 Date(s) Matter Of
o29dS7L CQC c P 9/�a/03
Sub ribed and sworn to me before this date:
q /410.8
1
Notary Public
10120 NOTICE OF
MEETING •
NOTICE OF
PUBLIC HEARING
Notice of hearing to con-
sider a petition for the
closing, abandonment,
and vacation of the seg-
ment of Orange - Street
betweeirr„County Road
510 and "46th .Avenue
(Sunrise Street).. Lying
end 'being in Indian Riv-
er County, Florida, more
particularly described as
follows:
ALL THAT PORTION OF
ORANGE STREET, A 25'
RIGHT OF WAY LYING
BETWEEN THE WEST
RIGHT OF WAY LINE OF
46TH AVENUE (SU-
NRISE STREET) AND
THE WESTERLY RIGHT
OF .WAY LINE OF
COUNTY ROAD 510,
SAID. ORANGE STREET
SHOWN ON THE PLAT
OF WENONA PARK AS
RECORDED IN PLAT
BOOK 2, PAGE 17 OF
THE PUBLIC RECORDS
OF INDIAN RIVER
COUNTY.. LESS HOW-
EVER, THAT PORTION
LYING WITHIN 80 FEET
OF THE CENTERLINE OF
COUNTY ROAD 510. AND
THAT PORTION LYING
WITHIN 30 FEET OF THE
EAST LINE ' OF THE
SOUTHWEST QUARTER
OF THE SOUTHEAST
QUARTER OF SECTION
28, TOWNSHIP 31
SOUTH, RANGE 39
EAST, INDIAN RIVER
COUNTY, FLORIDA
SAID PARCEL CONTAINS
0.249 ACRES, MORE OR
LESS.
A public hearing at which
parties in interest and
citizens shall have an
opportunity to beheard,
will be 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,
September 23, 2003.
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
September 10, 2003
290512
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 Copyline
I R C PLANNING DEPT/DISPLA 320110 10/2/2003 ORANGE ST. ABANDONMENT
I R C PLANNING DEPT/DISPLA 10/2/2003
Subscribed and sworn to me before this date:
Octob02, 2003
taAtti /14
1
Notary Public
anrct
KM. KEEHNER
m Exp. 10/8/04
No. CC 973628
Pasonaly Known 110thr t.1).
PO #
0109 NOTICE
NOTICE OF
ABANDONMENT
Notice is hereby given
that Resolution 2003-121
was adopted by the
Board of County Com-
missioners of Indian
River County, Florida
closing, vacating, and
abandoning a portion of
Orange Street east of
County Road 510 and
west of 46th Avenue in
the Wabasso area, as
described in the above
referenced resolution,
with certain rights re-
served by the county.
Indian River County
Board Of
County Commissioners
By: -s -Ken Macht,
Chairman
October 2, 2003
320110