HomeMy WebLinkAbout2009-1262016761
THIS DOCUMENT HAS 3=EN
RECORDED IN THE PLn3-IC RE aOEDS
RESOLUTION 2009- 126 OF INDIAN RIVER COU!YoFL
BK: 367 PG:298, F'agul off 8
0909/2009 at 10:07 AM,
JEFFREY K BARTON, CL -RK 01= COURT
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF A SEGMENT OF
46TH AVENUE (SUNRISE STREET) LYING BETWEEN CR510 AND 86111 PLACE
AND LYING EAST OF AND ADJACENT TO BLOCK 8 WEONA PARK, AS
SHOWN IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA, AS DESCRIBED HEREIN, SAID LAND LYING IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on April 27, 2007, Indian River County received a duly executed and documented
petition from James W. Davis, Public Works Director, 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 segment of 46th Avenue (Sunrise Street) lying between CR510 and 86th Place and lying cast of
and adjacent to Block 8 Weona Park, as shown in Plat Book 2, Page 17 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, atter 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:
All right, title
and interest of the County and the
public
in and to that certain right-of-way
segment more
particularly described as follows:
46TH AVENUE RIGHT-OF-WAY RELEASE (SUNRISE STREET):
A PARCEL OF LAND BEING A PORTION OF WEONA PARK ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17 OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGIN AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF 46TH
AVENUE (SUNRISE STREET) AND THE SOUTH RIGHT OF WAY LINE OF
86TH PLACE (HIBISCUS BOULEVARD) AS SHOWN ON THE PLAT OF
WEONA PARK AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY (NOW INDIAN RIVER) COUNTY, FLORIDA
SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 13, BLOCK 8,
SAID PLAT OF WEONA PARK; THENCE SOUTH 89 DEGREES 55 MINUTES 52
SECONDS EAST, ALONG THE EASTERLY PROJECTION OF THE NORTH LINE
F:\Community Development\Users\CurDev\RESOLUTION\2009 Resolutions\IRC46thAve2009-_(After BCC).rtf
RESOLUTION 2009- 126
OF SAID BLOCK 8, A DISTANCE OF 25.00 FEET TO A POINT ON THE EAST
RIGHT OF WAY LINE OF SAID 46TH AVENUE; THENCE SOUTH 0 DEGREES
16 MINUTES 57 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, A
DISTANCE OF 200.60 FEET TO A POINT ON A LINE THAT IS 10.00 FEET
NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH RIGHT OF
WAY LINE OF STATE ROAD 510; THENCE SOUTH 45 DEGREES 10 MINUTES
50 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF
35.07 FEET TO A POINT ON THE AFOREMENTIONED WEST RIGHT OF WAY
LINE OF 46TH AVENUE; THENCE NORTH 0 DEGREES 16 MINUTES 57
SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 225.35
FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINING 0.1222 ACRES, MORE OR LESS.
Lying in Indian River County, Florida.
is hereby forever closed, abandoned, and vacated, except that a 25' wide drainage easement is
expressly reserved over the entire 46th Avenue (Sunrise Street) right-of-way segment.
The closing, vacation, abandonment, of this public right-of-way is in the best interests of the
public.
Notice of the adopting of this resolution shall be forthwith published once within thirty (30)
days from the date of adoption hereof; and
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 right-of-way for 46th Avenue (Sunrise Street) shall revert to the property to the west.
The foregoing resolution was offered by Commissioner Wheel pr who moved its
adoption. The motion was seconded by Commissioner (1' Rrvan and upon being put
to a vote, the vote was as follows:
Chairman Wesley S. Davis
Vice Chairman Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Gary C. Wheeler
AYE
AYE
Commissioner Bob Solari NAY
The Chairman thereupon declared the resolution duly passed and adopted this 1 Rt h day of
P:\Community Development\Users\CurDev\RESOLU'rION\2009 Resolutions\IRC46thAve2009-_(Alter DCC .rtf 2
RESOLUTION 2009- 126
August ,2009.
ATTEST: Jeffrey K. Barton
County of Indian River
l�
BY:
Deputy Clerk
BOARD OF COUNTY
INDIAN RIVER COUP
BY:
Board of
I HEREBY CERTIFY that on this day, before me, and officer dulyauili&ize
�t
to take acknowledgments, personally appeared Wesley S. Davis ; and''.,
Chairman of the Board of County Commissioners and Deputy Clerk, respec
the persons described in and who executed the foregoing instrument and they
that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 18th
August A.D., 2009.
otary Publi
APPROVED AS TO LEGAL SUFFICIENCY
C' William G. Collins, County Attorney
APPROVED AS TO PLANNING MATTERS
BY:(2 0
Robert M. Keating, AIC, Director
Community Developme t Divis'
r
N:\Community Developinent\Users\CurDev\RESOLUTION\2009 Resolutions\IRC46thAve2009-_(Aller 6CC).rtr
as
be
me
day of
SURVEYOR'S NOTES:
I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND
DECIMAL PARTS THEREOF.
2. THE NORTH RIGHT OF WAY LINE OF STATE ROAD 510
BEARS S 45°10'50-W AND ALL OTHER BEARINGS ARE
RELATIVE THERETO. -
SKETCH OF DESCRIPTION
NOT A FIELD BOUNDARY SURVEY
86TH PLACE
-
(HIBISCUS BOULEVARD)
L
10
S RIGHT OF WAY LINE
89'55'52-E
L
N LINE BLOCK 8
. S
45' 10'50'W
PO I NT OF
13
BEGINNING
NE CORNER ..................
LOT 13. BLOCK 8
Z
14.
N
M
J
Q
tl
BLOCK 8 15
w
o
WEONA PARK
x
�
...........................
_
16
0
3
....................
17
S LINE BLOCK
86TH STREET
(PALM BOULEVARD)
SEE SHEET 2 FOR DESCRIPTION
SHEET I OF 2
(m
10 46TH AVENUE
(SUNRISE STREET)
NORTHERLY RIGHT
OF WAY LINE
STATE ROAD 510
80' RIGHT OF WAY
10.00
LINE
-
BEARING
L
10
S
89'55'52-E
L
I I
. S
45' 10'50'W
*DATE OF SURVEY: 5-4-09
THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE
AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED
SURVEYOR 8 MAPPER NAMED BELOW,
-SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE
DAVID M, JONES
FLORIDA,-ICEN5"LlMaM LS 3909.
REV PER CS 8-12-09 DMJ
DISTANCE
25.00'
35.07'
DAVID M. JONES
PROFESSIONAL SURVEYOR 6 MAPPER
(772)567-9875 3899 39TH SQUARE
(772)567-9172FAX VERO BEACH. FL
FL 32960
SKETCH OF DESCRIPTION
NOT A FIELD BOUNDARY SURVEY
EXHIBIT 3 46TH AVENUE RIGHT OF WAY RELEASE
A PARCEL OF LAND BEING A PORTION OF WEONA PARK ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 2. PAGE 17 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY.
FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGIN AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF 46TH AVENUE (SUNRISE
STREET) AND THE SOUTH RIGHT OF WAY LINE OF 86TH PLACE (HIBISCUS BOULEVARD) AS SHOWN
ON THE PLAT OF WEONA PARK AS RECORDED IN PLAT BOOK 2. PAGE 17. OF THE PUBLIC RECORD
OF INDIAN RIVER COUNTY. FLORIDA SAID POINT ALSO BEING THE f•
BLOCK 8. SAID PLAT OF WEONA PARK: THENCE SOUTH 89 DEGREES
ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID BLC
FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID 46TH
DEGREES 16 MINUTES 57 SECONDS EAST. ALONG SAID RIGHT OF WAY
FEET TO A POINT ON A LINE THAT IS 10.00 FEET NORTH OF. AS M
THE NORTH RIGHT OF WAY LINE OF STATE ROAD 510: THENCE SOUTH
SECONDS WEST. ALONG SAID LINE, A DISTANCE OF 35.07 FEET TO
WEST RIGHT OF WAY LINE OF 46TH AVENUE: THENCE NORTH 0 DEGRE
ALONG SAID RIGHT OF WAY LINE. A DISTANCE OF 225.35 FEET TO
SAID PARCEL CONTAINING 0.1222 ACRES. MORE OR LESS
SHEET 2 OF Z SEE SHEET I FOR
SKETCH OF DESCRIPTION
AVENUE: THENCE SC
LINE. A DISTANCE
EASURED AT RIGHT
45 DEGREES 10 MI
A POINT ON THE AF
ES 16 MINUTES 57
THE POINT OF BEGI
DAVID M. JONES
SKETCH OF DESCRIPTION PROFESSIONAL SURVEYOR A MAPPER
NOT A FIELD BOUNDARY SURVEY
(772)587-9875 3899 39TH SQUARE
(772)567-9172FAX VERO BEACH. FL
FL 32960