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Home My WebLink About2006-070RESOLUTION 2006-070 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF 13TH STREET LYING EAST OF 32ND AVENUE IN VERO PARK SUBDIVISION, AN UNRECORDED SUBDIVISION, RESERVING A DRAINAGE AND UTILITY EASEMENT OVER THE ENTIRE RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on March 2, 2005, Indian River County received a duly executed and documented petition from Worthington Keville, III 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 13th Street lying just east of 32nd Avenue, as shown on Vero Park, an unrecorded plat 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: STARTING 30 FEET NORTH OF THE SOUTHEAST CORNER OF TRACT 7, OF SECTION. 10, TOWNSHIP 33 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY, FILED N THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNT, FLORIDA. THENCE RUN NORTH 595.66 FEET ALONG THE EAST BOUNDARY LINE OF SAID TRACT 7 FOR POINT OF BEGINNING, THENCE CONTINUE ON SAID LINE NORTH 62.13 FEET, THENCE RUN WEST 135 FEET ON THE NORTH RIGHT-OF-WAY LINE OF 13TH STREET, THENCE RUN SOUTH 62.13 FEET ON A LINE PARALLELS WITH THE EAST BOUNDARY OF SAID TRACT 7, THENCE RUN EAST ALONG THE SOUTH RIGHT-OF-WAY OF 13TH STREET 135 FEET TO THE POINT OF BEGINNING, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA is hereby forever closed, abandoned, and vacated, except that, a utility easement is expressly reserved for utility purposes, over the entire right-of-way less and except the existing driveway located on the southern 15 feet of the above described property. (see Exhibit "A", attached) 2. The closing, vacation, abandonment, of this public right-of-way is in the best interests of the public. 1771235 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2060 PG:950, Pagel of 6 07/25/2006 at 11:52 AM. 1 JEFFREY K BARTON, CLERK OF COURT RESOLUTION 2006-070 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 evenly to the adjacent property on either side of the rights-of-way. The foregoing resolution was offered by Commissioner Lowther moved its adoption. The motion was seconded by Commissioner Davis and upon being put to a vote, the vote was as follows: Chairman Arthur R. Neuberger Aye Vice Chairman Gary C. Wheeler Aye Commissioner Sandra L. Bowden AAys Commissioner Wesley S. Davis Aye Commissioner Thomas S. Lowther Aye The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of May , 2006. ATTEST: Jeffrey K. Barton BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B Arthur R. Neu. -r_-r, Chairma Board of County Commissioners I HEREBY -re it ay; -before me, and officer duly authorized in this State and County to take acknowledgpmenusp ersonallYappeared Arthur R. Neuberger, and JoAnn M. Glenn as 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 23rd day of May , A.D., 2006. Kimberly E. Massung MY COMMISSION # DD216503 EXPIRES July 15, 2007. BONDED TRRIJ TROY FAIN INSURANCE INC 47174.44,4,7, Notary PubliE 2 �• h RESOLUTION 2006-070 APPROVED AS TO LEGAL SUFFICIENCY BY: William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, AICP, Dire tor Community Development Div'sion F:\Community Development\Users\CurDev\RESOLUTION\2006 Resolutions\Keville ROW 2006-.rtf 3 . LEGAL DESORPTION. THE NORTH HALF OF LOT C OF VERO PARK UNRECORDED PLAT. MORE PARTICULARLY DESCRIBED AS FOLLOWS. STARTING 30 FEET NORTH OF THE SOUTHEAST CORNER OF. TRACT 7. OF SECTION 10. TOWNSHIP 33 SOUTH. RANGE 39 EAST. ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY. FILED 'N THE OFFICE OF THE . CLERK OF THE CIRCUIT COURT OF ST. LUCr COUNTY. FLORIDA; THENCE RUN NORTH 595.GG FEET ALONG THE . EAST BOUNDARY LINE OF SAID TRACT 7 FOR POINT OF BEGNMNG1 THENCE CONTINUE ON SAID UNE. NORTH G2.13 FEET, THENCE .RUN WEST 135 FEET ON THE NORTH RICHT-OF-WAY UNE OF ABANDONED 13T11 STREET. THENCE RUN SOUTH G2.13 FEET ON A UNE PARALLEL WITH THE EAST BOUNDARY OF SAID TRACT 7r THENCE RUN EAST ALONG THE SOUTH RIGHT-OF-WAY OF ABANDONED 13TH STREET 135 FEET TO THE FONT OF BEGINNING. SAID LAND NOW LYNG AND BEING N INDIAN RIVER COUNTY. FLORIDA. SET GAP C44163 62.13' NOO'OO'32'E F(4 0) (00001- 0080 Q 203. crz C 60000� ( ooaats 62.13' SURVEY NOTES. 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED RIGHTS-OF-WAY AND/OR EASEMENTS OF RECO', 2. NORTH ARROW SHOWN HEREON 15 BASED ON RECORD PLAT. ASSUMED GRID NORTH. 3. THIS SURVEY I5 CERTIFIED ONLY TO THE BELOW NAMED INDIVIDUALS. 4. LEGAL DESCRIPTION WRITTEN FOR CL IT. 5. NO STRUCTURES THAT ARE BENEATH THE SURFA. HAVE BEEN LOCATED. FLOOD ZONE. X. PANEL NO. 1206160158 E CERTIFIED TO; WORTH KEVILLE STEWART + EVANS. PA. MT LMC Of TRACT 7 0000l� 0070 00000.x, 32ND AVENU LEGEND OF SURVEY ABBREVIATIONS A DELTA A/C AIR CONDITIONER FWD FOUND BECK BLOCK I.P. IRON PIPE B.M. BENCHMARK I.R. IRON ROD B.B. BEARING BASE L LENGTH C CALCULATED AI MEASURED CB CHORD BEARING N&D NAIL & DISK CO CHORD DISTANCE P PLAT C.B.S. CONCRETE BLOCK PRM PERMANENT REFERENCE MONUMENT STRUCTURE PP POWER POLE it CENTERLINE R RADIUS CTR CLEAR R/W RIGHT OF WAY CONC. CONCRETE VAI WATER METER C.L.F. CHAIN UNK FENCE rCOMBINED LOTS �0001� 0080 003: P.O.G. 30' NORTH OF Tt S.E. GOR. OF TRA SEG. 10. TWSP.3.2 RANGE 39E. N00 00'32'E 595.66' T— O.c C 60' R/W 3 20' DIRT ROAD NOTE w�TH�LNABLEDP wEHUr 4fo .46 LOT •wxT .T E. VRBT s: so waps.an.: WOWw MOO our oaertox we. 4410 REBAR /01 DAT= THIS DRAWING AND COPIES THEREOF ARE NOT VAi::. WITHOUT THE SIGATURE AND ORIGINAL RAISED SEA,. OF A FLORIDA UCENSEDSURVEYOR AND MAPPER. \TIRVEY TYPE 1 L ErApp.:_m 11,4.11 SCRIPPS HOWARD, SCRIPPS TREASURE COAST NEWSPAPERS Vero Beach Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA :OUNTY OF INDIAN RIVER 3efore the undersigned authority personally appeared, S. Darlene Mailing, who on oath says that she is Classified Inside Sales vtanager of the Vero Beach Press Joumal, a daily newspaper published at Vero Beach In Indian River County, Florida: that the rttached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says hat the said Vero Beach Press Joumal is a newspaper published in Vero Beach in said Indian River County, Florida, and that ;aid newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed In Indian liver County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and iffiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or efund for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach Press Joumal has leen entered as Periodical Matter at the Post Offices 1n Vero Beach, Indian River County, Florida • and•has been fora period of ine year next preceding the first publication of the attached copy of advertisement. customer ;PLANNING DEPARTMENT Lying;and hero 'River County:.'F morerticulaP: scnbetl 061 ovps:'' ST NORTHi+OF3 THE4SOUTH EAS,;T.�COaR,NER, O�F„ TRA. BT 7 `O,F?SEGTIO,N JAI 0 T,,O WiNS`•H S 0_U:,T H i‘R%A`N,G E, 3.9, EASTYiACCOR_DING T,Q TFI'E LASTr'GENER}AL' kAcROFA RINDIAN RIVER ;F M S``4C:O1M P°A NY3 FILED .IN THE OFFICE,1QF THE ;CLERk�OF64THE pk CUIV000RT:OF S,T LU' CIE: COUNT FLOR.IDA, ORTH �THENCEf RU'N N "595A60FE ETRALA N,G THE ;EAT 00,L NDARY • LINE'"OF SAID l:RAT:7. FOR"POINT'OFyBEGIN 1NING THENCEECO 1711`: UE ;ONS SATO„ VINE Ad Pub NORTH 62 13 FEET; 'THENCErRUN; WESTxi,135 Number Date Copyline PO # F.EET"ONLATH4N E ORTH RIGHT OF WAYI:LINE OF 1EET{THENCE. 1387224 5/4/2006 NOTICE OF HEARING 5/23/06 13TH ST RUN. SOUTHhs2 13 FET. 010'a LINE'PARALLELS W.iI:1?,114T BO.U;NDARYs:;OF, SAID `17R.ACTF7 THENCE RUN EAST_ALtbr G�_THE SO.U.TH 1RIGHT.OF WAY• OE113THr,STREET435 FEET'TO THEPOINT,OF. ;BEGINNING SAID. LANb JNOW iLYINGtANDFBE'.: as 2 INT:11 KIN D1;4N DRIVER UNTYFLOR COIDA Subscribed and sworn to me before this date: Mad4, 2006 03. YY MARY T. BYRNE °, Notary Public - . My Commission ap es Commission DD132004 Bonded By National NotaryAsan. :pub �citrzens?s opportunity ti w II:I';.;b e;i;;h e Board`of' Co v is§ioners,.'of_Irid.i'ati` Rier County"Flonda�n hesCounty ;Commission" tubers of th Country Administration Bwldiggg I OCI0064atg, 1'84042.5tti St�'eet Vero Beach Florida on;;Tuesday May=23 2006 at 9 00 am a. Anyone whosmay'wish to. appeal any • ecisiop` which, my, be'�made a ttd� ensure that �lverba. Sit record:?iWthe;:p'r0` ceedingstisymade which amctude's the testimony andf ev• ideiw nce upon ba INDIAN#AIVER COU BOARD OF;000_NT`( ;GOMMISSIONE BW aArthur,R . 'Neuiberger;Ch"a ItMay4';:20' 1387224 11116.. A/ 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, S. Darlene Broeg who on oath says that she is Classified Inside Sales Manager 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 corporation 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 Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been fora period of one year next preceding the first j yblication of the attached copy of advertisement. Customer IC PLANNING DEPARTMENT Ad Number Date Copyline Pub PO # 1402937 5/27/2006 NOTICE OF RESOLUTION 2006-70 ABANDONMENT Subscribed and sworn to me before this date: June 29, 2006 Notary Pu lic o4,�r0�,,�� MARY T. BYRNE 1;>? z+'s Notary Public - State of F i a .•� • iMy Commission Expires Aug040 '% ARA.. ' Bonded By National Notary Assn. emir grwrir"41P"‘P"wqr"411"NIP" Commission # DD 544327 0