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Home My WebLink About2004-0210 0 z H W PU w H H N N E H z 0 0 H WHICH WERE RESOLUTION 2004- 021 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF THAT PORTION OF 29th STREET THAT LIES BETWEEN 62ND AVENUE AND R Zi► 1/1 W ( d 62ND DRIVE. SAID 29TH STREET BEING IN THE SUNNILAND HOME 50 > 0 SITES PLAT AS RECORDED IN PLAT BOOK 4, PAGE 33 OF THE PUBLIC N n w z N r_ it Z Z m o WHEREAS, on October 31, 2003, Indian River County received a duly executed and documented petition from Stephen Connelly and Robert Del La Cruz, 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 29th Street lying between 62"d Avenue on the east and 62"d Drive on the west, as shown in the plat of the Sunniland Home Sites as recorded in Plat Book 4, page 33 of 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 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. RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 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: That portion of 29th Street lying between 62' Avenue and 62nd Drive, consisting of a 35' wide by 270' long strip of right-of-way abutting lots 9 and 10 as shown on the plat of Sunniland Homes Sites as recorded in Plat Book 4, page 33, of the public records of Indian River County. Is hereby forever closed, abandoned, and vacated. 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 Countywithoutundue delay. THIS }' THIS QQCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 1702 PG:656, Pagel of 3 03/09/2004 at 03:17 PM, WestUrn fd COUNTY ATTORNEY'S OFFICE 1840 25th STREET VERO BEACH, F:\Community Development\lPAAR $IRet N-VAbands\Connelly!De La Cruz \RESOLUTION.doc JEFFREY K BARTON, CLERK OF COURT 1 Q RESOLUTION 2004-021 5. The right-of-way shall revert to Sunniland Home Sites Subdivision lots 9 & 10 lying to the north. The foregoing resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner Neuberger , and upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice -Chairman Arthur R. Neuberger Aye Commissioner Fran Adams Aye Commissioner Thomas S. Lowther Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 24th day of Fehruari�,„�,.,. , 2004. v BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: '1/2-4�»� lrscJ Caroline D. Ginn, Chaim 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 Car 101 i ne D. Gi nn , and 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 this24th day of February , A.D., 2004. F: \Community Development \Users\MARKZ\Does \RO WAbands\Connelly! De La Cruz \RESOLUTION. dee Kimberly E. Massung MY COMMISSION # DD216503 EXPIRES July 15, 2007 BONDED THRU TROY FAIN INSURANCE INC. 2 RESOLUTION 2004-021 APPROVED AS TO LEGAL SUFFICIENCY BY: William G. Collis, (y, c County Attorney fi APPROVED AS TO PLANNING MATTERS BY: Robert ' . Keating, AI P, ) irector Community Developmen Divisio Notary Public F:\Community Development \Users\MARKL\Docs \ROWAbands\Connelly!De La Cruz\RESOLUTION.doc 3 ' MITI rigN 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 [Jame 470 53.5 d L C. P Date(s) Matter 0 iJ '7�a'f (0,1" Su scrib d and sworn to me before this date: / .Z1/64 Notary Publi BEVERLY M. KEEHNER My-Comtp_ Exp. ,10/8/04 No. CC 973628 ( personally 14taien I 1 Other I.D. t>_ �,0120��NoncE a NOTICE; 0F,` -/0i P086IC'HEARING ofleanng tri arpeUtion for l described as follow .„.; AL1,,THATAPORTI0N OF 29th,,STR EET ftJULIETTE PLANE) ;TA 95 MRIGHTV96 ;' WA'I LKINGGBEINE EN ,YATTHEJSOUTHTEN DOF. i.6 0F4WAY.`LINEiOF162Nd DRIVErAND THE WEST= ''1' ERLYrrR10HTOF, WAY I k'LINE OF 62ndAVENUE; §'PA STREET SMOWN ON THE;PLAT.OF8068 , .:.1v1 LAN DtHOMESITESi- AS RECORDED IN P,,LAT 800161;4 FAGE't33 OF,; .THEgUBLIC;,.RECORDS OFrIN:D;IAN RI':VrER COUNTY••r',SAID P,;b8- :TION BEING •MORE'FAR- ITICULARLY DESCRIBED • S ,COMMENCING AT ..THE:: SOUTH W ESEE;COR ` NER OF;THE EAST -10!34'. ACRESOF THE WEST;' 2034 ACRES OF TRACT` 10r THAN. s89 56559E; AL ON V,TH EiXS0U;1H • L'IN E;;OF,tTRACT.;1!OHA' 0ISTANCEiOFz35 F.EET., TO THE:WEST LINEOF LOIV, 9? EX,TENDE;D., SOUT;HE'RLY.?si"SAID'. ?POINTBEING",POINT 0F. :BEGINNING,yt.T:HENCE. NO0,17 32E;£ALONGTHE ••j:EXTENDED;WEST>.LINE OF LOTR9 'A•-01STANCE`• -;`OF35`-;VTOrTHE'S0,0TH. ,WEST ACOR NERIOFSAID' .cOTF 9.' -THENCE,, 58956 %59E ALONGTHErSOUTH ` LINE:OFLOT S'AND`LOT, .1:0;_ADISTA'NCE;iOF '270:0Q2F,EET.-'TO/PHE, SOUTHEAS;TyCORNER' OF SA`ID LOTr41-0':. THENCES00 17,32W'. r'ALONG'F-THEeEASTLINE. .,0F llOT;'.,10 EXTENDED• ;SOUTHERL/;;A,';'DIS TANCE OF.Y35 FEETITO= `A POrN/r/oN THE• SOUTH¢LINE OFrSAID; f.0-Tx:80 ;PHENCE; ;N8956;5,9WiFALON G. THE SOUTH 4CINEC%iOE. SAID:TRACT 10rAdDIS.-`,: .TANCE yoF,t270.008EET fT0 THE/POINT -0F,%BE-- sGINNING'`:xSAID:ROR ?TION ,L,Y,INGIN;SEc- r TION 32aTOWNSHIP'32 SOUTH/?RANGE<39 EASr.r lNDIANs RIVER. 'COUN1 FLORIDA u{ -,•'y„, SAID PARCEL' CONTAINS) =9,45.0:00 __SOUAREr,'FEET,. •MORE OR,LESS w A pc h ubliearing et which. parties Aiii.i tit erestaand; cltIzens efiall have 8n'. opportunityrto betheard. wtl l,,-ba4held b,y4ttie 'Board of/;County.Co'm= :tmissionera of Indian, `River County FloridaiJn •:the County'Commission' I, Chambera:!of the County.; : 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 orcoporation 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 of 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. Ad Pub Customer Number Date Copyline I R C PLANNING DEPT/DISPLA 519030 2/28/2004 RES. 2004-021/VANESSA Subscribed and sworn to me before this date: Marc 1, 2004 CUU4k /t -e -r) Notary Public M KFEHNER SEAL 23 11 Other I.D.