HomeMy WebLinkAbout2006-124i
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RESOLUTION 2006-124
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION, AND DISCONTINUANCE OF A PORTION OF
14TH STREET SW LYING EAST OF 32ND AVENUE SW IN GROVENOR ESTATES
UNIT 2A RESERVING A 20 FOOT DRAINAGE AND UTILITY EASEMENT
LYING 10 FEET ON BOTH SIDES OF THE CENTERLINE OF 14TH STREET SW,
SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on June 5, 2006, Indian River County received a duly executed and documented
petition from Thomas Wilmoth 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 14th Street SW east of 32nd Avenue SW as shown on the plat of Grovenor Estates Unit 2A
subdivision and recorded in Plat 5, Page 19 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:
THAT PORTION OF TIIE 14TH STREET SOUTHWEST 70 FOOT RIGHT-OF-WAY
LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF 32ND AVENUE
SOUTHWEST AND LYING WEST OF THE EAST LINE OF GROVENOR
ESTATES UNIT 2A, AS SHOWN ON THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 19 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA. SUBJECT TO A 20 FOOT PUBLIC UTILITIES AND
DRAINAGE EASEMENT LYING 10 FEET ON BOTH SIDES OF THE
CENTERLINE OF THE AFOREMENTIONED 14TH STREET SOUTHWEST. SAID
LAND CONTAINING 9,170 SQUARE FEET MORE OR LESS.
is hereby forever closed, abandoned, and vacated, except that a 20 foot utility and drainage
easement, lying 10 feet on both sides of the 14th Street SW centerline, is expressly reserved for
utility and drainage purposes. (See Exhibit "A", attached.)
2. The closing, vacation, abandonment, of this public right-of-way is in the best interests of the
public.
F:\Community Developmen'tUsers\Brian F\ROWA\14th St SW\resolution.rtf
1787531
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 2084 PG:1132, Pagel of 7
0912912006at 09:46 AM,
JEFFREY K BARTON, CLERK OF
COURT
1
RESOLUTION 2006- 124
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 on the north and south sides of the right-
of-way.
The foregoing resolution was offered by Commissioner Lowther who moved its
, and upon being put to a
adoption. The motion was seconded by Commissioner Davi s
vote, the vote was as follows:
Chairman Arthur R. Neuberger
Vice Chairman Gary C. Wheeler
Commissioner Sandra L. Bowden
Commissioner Wesley S. Davis
Commissioner Thomas S. Lowther
Aye
Aye
Aye
Ay e
Ay e
•
The Chairman thereupon declared the resolution duly passed and&adopted this 12thday of •
September , 2006.;1.6
103-•
ATTEST: Jeffrey K. Barton BOARDQ_bUNTY COz1Vl;1` tISSIONERS
County of Indian River INDI: �RI>C�I✓RFCO %'►, � Y, : L.ORIDA
BY: �--°.. �o-w-P BY: Arthu* t.Iu.er,0,<F`hi an
Deputy Clerk Board o'Go ri�i�3c,C2o �m
,s�'sioriers
•
I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County
to take acknowledgments, personally appeared Arthur R. Neuberger and %..o` -y-4 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 12th day of
September , A.D., 2006.
Notary Public
O.*Kimberly E. Massung
pA"
:�s. ;,. MY COMMISSIONS DD216503 EXPIRES
:,,; t, r )uly 15, 2007
BONDED THRU TROY FAIN INSURANCE, INC.
F:\Community DevelopmenstUsers\Brian F\ROWA\ 14th St SW\resolution.rtf
2
RESOLUTION 2006- 124
APPROVED AS TO LEGAL SUFFI_IENCY
BY:
Wil iam G. Collins, County Attorney
•
APPROVED AS TO PLANNING MATTERS
BY:
Ro.ert eating, AIC', Dir ctor
Community Development De.artment
F:\Community DevelopmentUsers\Brian FROWA\14th St SW\resolution.rtf
3
Sketch of Legal Description
for A Right Of Way Abandonment
in Grovenor Estates Unit 2A
Indian River County, Florida
Sheet 1 of 2
Not Valid Without All Sheets
SURVEYORS NOTES
1) NORTH AS SHOWN IS BASED ON THE PLAT OF GROVENOR ESTATES UNIT 2A
2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCIPTION TO
WHICH IT IS ATTACHED.
3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED.
4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD
OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTATIVE CODE, PURSUANT
TO SECTION 472.027, FLORIDA STATUTES.
LEGEND
ROW RIGHT—OF—WAY
NO. NUMBER
PSM PROFESSIONAL SURVEYOR AND MAPPER
LEGAL DESCRIPTION
THAT PORTION OF THE 14TH STREET SOUTHWEST 70 FOOT RIGHT OF WAY LYING EAST OF THE
EASTERLY RIGHT OF WAY OF 32ND AVENUE SOUTHWEST AND LYING WEST OF THE EAST LINE OF
GROVENOR ESTATES UNIT 2A, AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5,
PAGE 19 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
SUBJECT TO A 20 FOOT PUBLIC UTILITIES AND DRAINAGE EASEMENT LYING 10 FEET ON BOTH SIDES OF
THE CENTERLINE OF THE AFOREMENTIONED 14TH STREET SOUTHWEST.
SAID LAND CONTAINING 9,170 SQUARE FEET MORE OR LESS
SKETCH OF LEGAL DESCRIPTION
"This is NOT a Boundary Survey"
Drawn by:
CA
Checked by
BMM
Fite name
Date
06/17/06_
Scale
1,.50
disk #
XXXXX
Drawing Name
wilmolh-Ding-ease
BillyM Moody, Jr.
PROFESSIONAL SURVEYOR AND MAPPER
Florida Registration #5336
926 17th avenue, Vero Beach, Florida 32960
Phone: (772) 473-8122 E: mail bmoodymmr@bellsouth.net
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
UCENSED SURVEYOR AND MAPPER.
(
/111°
BILLY M. MOODY, JR. P.S.M. 5336
Sketch of Legal Description
for A Right Of Way Abandonment
in Grovenor Estates Unit 2A
Indian River County, Florida
Sheet 2 of 2
Not Valid Without All Sheets
SURVEYORS NOTES
1) NORTH AS SHOWN IS BASED ON THE PLAT OF GROVENOR ESTATES UNIT 2A
2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCIPTION TO
WHICH IT IS ATTACHED.
3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED.
4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD
OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTATIVE CODE, PURSUANT
TO SECTION 472.027, FLORIDA STATUTES.
LEGEND
ROW RIGHT—OF—WAY
NO. NUMBER
PSM PROFESSIONAL SURVEYOR AND MAPPER
LOT 10
LOT 9
BLOCK 28
14TH STREET S.W.
70' R.O.W.
LOT 16
BLOCK 38
LOT 15
70.00
SUBJECT ABANDONMENT
LOT 7
J
a
LOT 8
BLOCK 27
10' PUBLIC UTILITY
6 DRAINAGE EASEMENT <PER
131.0'
r,,, (HE NORTH 35 F ET' /ir
/1°14'
/7"/E SOUTHF
131.0'
LOT 1
BUCK 39
LOT 2
(/)
z
W
�Q
0
I
z
SKETCH OF LEGAL DESCRIPTION
"This is NOT a Boundary Survey"
Drawn by:
CA
Checked by
BMM
File name
wuatx $
Date
08/17/06
Scale
1".50
disk #
XXXXX
Drawing Name
wilmeth-king-ease
BiYIyM. Moody, Jr.
PROFESSIONAL SURVEYOR ANDM1IAPPER
FloridaRirinolion #5336
926 17th avenue, Vero Beach, Florida 32960
Phone: (772) 473-8122 E: mail bmoodymmr@belisouth.net
NOT VAUD WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
(� t)ri)i*
BILLY M. M005c, JR. P.S.M. 5336
SCRIPPS HOWARD
"IMP
SCRIPPS TREASURE COAST
NEWSPAPERS
Vero Beach Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
TATE OF FLORIDA
;OUNTY OF INDIAN RIVER
efore the undersigned authority personally appeared, S. Darlene Broeg who on oath says that she is Classified Inside Sales
tanager of the Vero Beach Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
ttached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says
iat 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
river County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and
ffiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or
;fund for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach Press Journal has
een entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and.hasbeen'for a period of •
ne year next precedingthe first publication of the attached copy of advertisement.
:ustomer
PLANNING DEPARTMENT
Ad Pub
Number Date Copvline PO #
1459049 8/28/2006 NOTICE OF INTENT 14TH STREETESAT OF 3
Subscribed and sworn to me before this date:
August 8, 2006
cS7 4J4-tit.A-L1/4-a-L4.7_,
I
IP
Jotary
Urri1C
ARY T. BYRNE
.•;��"Y °°B, 1: Notary Public - State of Florida
Commission Expires Aug 2, 2010
z Commission # DD 54527AL
'era " Bonded By National Notary—Assn.
BEFbRE:THE:BOARD".' '`
OFCOUNTY ..
COMMISSIONERS•;
INDIAN RIVERiCOUNTY;
••FL`ORIDA •
NOTICEOFINTENT •
PUBLICtHEARING
Notice of�feanng to ;cph-;
sider aupetition p the
closing, j abando,nnrnent
anwacatign toL=por,
ion ofttl4sth StreetFSW
`lying east; `of�32nd:`Ave:=
nue SW in Grovenor Es=
tates.Uriit 2A;"as'record,`
ed m Plat+Book 5; Page
19; ,reserving 'certain
rightitotlecounty.
Eyying end being ;in _Indian
River„',County, Florida,
;more p`srticuiarly.;•de-
sc
�e nbedasfollows' `
THAY,yPORTION OF:JHE
;`14THpSTREET:,SOU;T.H=
WEST90FOOT'RIGHT-
OF WAY ;LYING EAST
OF THE;EASTE'R,L.Y
F - W'A.Y 0 F
'32ND AVENUE :SOUTH,
LY1N,G
+4V, ,E H IEA'ST.
LL-I'N' 8F^G'R'0°V`E1\00'R
ESTATES'UNIT2A A
!SHOWNsON rTHErPLATj
'THEREOFy'AS;.RECQRD'r
EDWIN, PLAT300K- 5,
PAGE 19'0F,1THEPU,B=
LIC RECORDS OF)NDI=.
AN RIVER `'CO;UN:W;'
'iFLORIDAfiz."SUBJECT/'TO.
A 20 FOOT PUaL•lC
UTILI,TIESsAND DRAIN-
':AGE„EASEMENTi:PING
10 FEET.' ON BOTH
SIDES OF --,THE CENTER”
,:LINES OF,,THEAFO,RE,-
c.;MENTI;OWNED+�14.T;H
>'STREET SOUTHWESTi
.,SAID?LAND, CONTAIN
ING 9'1:70 SQ.UA'RE
FEET MORE OR+L'ESS
•
A`public hearing at which
-: part�es :in imerest::'and
citizens-;shiall; have• an
opportunity;to beheard;
sYWilt` be•:.held rby,tf e;
Board; of :Count'y,Com;:
; missioners .of •Indian
Rrver CountyFlorida`in
-'the County.Commissiiin
Chambersi of `the County
``Administration Bwlding
,;locatedt+a,t` 1840' 25th
..Stre`et ,Vero Be,'ac,h
• F.Ionda' 5,h ,Tuesday;
,,:September 12; ,2006,�at
9:00 am`:
+A yonepwho ree
appeal ariy, decisi'gn
which; may ,be made"!`;at
chis meeting will need
to'.. a nsu • tenth at. 'a;`:ve rta=
ti • ::record"'of ,the .pro-
.ceedmgs,is maderwhich
includes ahe ,testimony.
a.nd evr'dence upon
vihich the�'appeal uvill'be
based.
INDIAN.RIVER,000NTY
1BOARD:OF'COUNTY;';
";COMMISSIONERS:,
BY's'ArthurR . ,;
,;-:Neuberger Chairmen ,�-
Publish August 28'2006
1459049....: ` i -
SCRIPPS TREASURE COAST
NEWSPAPERS
Vero Beach Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
SCRIPPS HOWARD
STATE OF FLORIDA
BOUNTY OF INDIAN RIVER
3efore the undersigned authority personally appeared, S. Darlene Broeg who on oath says that she is Classified Inside Sales
vlanager 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
hat the said Vero Beach Press Journal 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
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
.efund for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach Press Journal has
)een entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida, and has been for a period of
me year next preceding the first publication of the attached copy of advertisement.
Customer
PLANNING DEPARTMENT
Ad Pub
Number Date Copvline PO #
1475688 9/22/2006 NOTICE RESOLUTION 2006-124
Subscribed and sworn to me before this date:
Septte er 22, 2006
D]. 4,114.44.4-X2J-L4.4.t,
4'0V% MARY T. BYRNE
Notary Public - State of lorida
rat t ••_My Commission Expires A EAU
yid; Commission # DD 544327
Bonded By National Notary Assn.