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Home My WebLink About2004-022TO ADD THE PROOFS OF PUBLICATION IS BEING RE-RECORDED OMITTED. 6 D RESOLUTION 2004-022 LIJ 0 0 C LL COCO 01 CO O LL d RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF = 810, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, z LE2 g 6 ABANDONMENT, VACATION AND DISCONTINUANCE OF THAT w a PORTION OF 29`h STREET THAT LIES AT THE SOUTH TERMINUS OF o a w IN. o 62ND COURT. ° = a z Z m o WHEREAS, on October 31, 2003, Indian River County received a duly executed and documented petition from Darrell Clark and Raphael Villanova 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 at the south terminus of 62nd Court as recorded in the plat of Cherry Lane Manor Subdivision. Said plat recorded in Book 4, Page 77 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. 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 29`h Street, a 35' right-of-way, which lies at the south terminus of 62nd Court consisting of a 35' wide by 328.75' long parcel of right-of-way abutting lots 11 and 12, as shown on the plat of Cherry Lane Manor, as recorded in Plat Book 4, page 77, of the public records of Indian River County. 4.1 Is he?eby forever closed, abandoned, and vacated except that the west 129' by the south w 35' of former right-of-way abutting lot 11 which is expressly reserved as an access easement for agricultural purposes for the owners of Parcel Number 32-32-39-00001- 0110-00001.0. , a 5 acre parcel lying to the west of said right-of-way. H 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 1522641 -e-J1vih It , THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC COUNTY ATTORNEY'S OFFICE INDIAN RIVER COUNOTYRDS FLOF 1840 25th STREET BK: 1702 PG:659, Pagel of 3 VERO BEACH, FLORIDA 32980 03/09/2004 at 03:17 PM, F:\Community Development \ Users \MARKZ\ Docs \ROWAbands\Clark! Villanova\Resolutionfor ROWA.doc JEFFREY K BARTON, CLERK OF 1 COURT RESOLUTION 2004- 022 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 Cherry Lane Manor Subdivision lots 11 and 12 that lie to the north. The foregoing resolution was offered by Commissioner _ Neuberger its adoption. The motion was seconded by Commissioner Lowther being put to a vote, the vote was as follows: of Chairman Caroline D: Ginn Vice -Chairman Arthur R. Neuberger Commissioner Fran Adams Commissioner Thomas S. Lowther Commissioner Kenneth R. Macht Aye Ay e Aye Aye Aye who moved , and upon er:'eupon declared the resolution duly passed and adopted this24th day AT3TtES� fffey�ato yij �'' etali NJe In Y'°�+`" �x�' )iv k4eGounfyyy{dfrIilan River t41 et mor[� .OoY'�Fr.Iw,A"'Pr�b •^s. i '.O Q/f r 0 mf7fI�:PV BW' Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Caroline D. Ginn, 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 Carol i nP D Ginn , and Maria Suesz 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. F:\Community Development\Users\MARKZ\Docs\ROWAbands\Clark!Villanova\Resolutionfor ROWA.doc 2 D ' RESOLUTION 2004- 022 WITNESS my hand and official seal in the County and State last aforesaid this24th day of February , A.D., 2004. APPROVED AS TO LEGAL SUFFICIENCY BY: C, William G. Collins, ` County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, A CP, Community Development 'rector ivision Notary P tic 9-4411/ ,,,, Kimberly E. Massung MY COMMISSION # DD216503 EXPIRES -"• 1, July 15, 2007 k9. BONDED THRU TROY FAIN INSURANCE. INC F:\Community Development \ Users \MARKZ\Does \ROWAbands\Clark! Villanova\Resolutionfor ROWA.doc 3 arm SCH PPS HOWARD �v. 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 41/ 334 k /2.e / 111'1104 a q 141 Sub cribe and sworn to me before this date: Notary Pub 4'13 o 'PNOTAFi,1 o UBLIC» BEVERLYM. KEEHNER Fi9y C�mn. by. 10/8/04 No. CC 973628 Personally i(nown f 1 Other I.D. NOTICE OF PUBLIC HEARING Noticerof hearing'to consider a petition for'the sing; aba clondonment, and vacation of the seg=2nd ments` of 29th ;Street atthe south end of 6 Court;'Lying'and being In` IndianRiver County; Florida ;more particularly described as;follows PARCEL -'41 ALI THAT PORTION OF 29TH STREET A 35'trRIGHT, OF WAY LYING AT THE, SOUTH END OF 62ND COURT. SAID'STREET SHAWN ON THE PLAT,OF CHERRY LANE MANOR AS RECORDED IN PLAT BOOK 4', PAGE 77'OF THE PUBLIC RE CORDS;; OF INDIAN RIVER' COUNTY.: SAID ?P,OR- TION BEING, MORE -PARTICULARLY. DESCRIBED AS BEGINNING =AT THE- SOUTHWE.,C SORNER OF THE{EAST,<10100,ACRES eF'-TRACTt11.BEING THE SOUTHWEST CORNER`OF SAIDPLAT CHER RY'LkNE{ MANOR PROCEED ,N0p 17,;32E AI,O:N� THE WEST LINE,FOF THE -EAST 10 00 ACRES 0 TRACT 11AND``TT L LAHE WESINE'.rQF CHERRY NE MANOR AADISTANCE OF 35 FEET TO THE SOUTHWEST, CORNER OFjLOT 11 OF,'SAID'CHER RY LANE MANOR THENCE S89 51'.-18E 'ALONG THE#SOUTH LINE OF SAID; LOT 11 A DISTANCE OF 129.00 FEETYTO THE SOUTHEASTiC,ORNER OF SAFD?LOT 11 "THENCE _S00a,17 32W ALONGf4A E. LIN"BEING,-T<HE EASTLYI LINE OF, LOT 11 7EXTENDED2.SOUTHERLY3A:DISTANCE,OF 35 FEET f0 A.POINT ON THEPxSOUTH LINEyOF SAID RACT-11 THENCE:N89=.51-18W ALONG T,HE SOUTH LINE OF TRACT, 11 A_DISTANCE OF 129.00-FEET`TO ;THE POINT OF,:BEGINNING e;SAID PORTION LYINGANKSECTIONr32 TOWNSHIP -x,3 H;" R2 SOUTRANGE 39' EAST"INDIAN RIVECOUN- SAID PARCEL CONTAINS: MORE OR LESS i PARCEL A ALL„ THAT PORTION OF'29TH STREET 35';RIGHT OF:WAY LYING AT THE;: SOUTH 'END OF 62ND COURT."; SAID STREET SHOWN ON :THE PLAT, QF CHERRY LANE MANOR °,AS RECORDED IN "PLAT BOOK,4;'PAGE 7.7 OF THE' PUBLIC; RE CORDS? OF INDIAN] RIVERS COUNTY.;SAID POR? TION, BEINGS;MORE PARTICULARLY- DESCRIBED AS BEGINNING AT THE .SOUTHEAST CORNER] ;1 SAID,:TRACT11 °ALSO?BEING THE{,SO,U,THEAS1 CORNER OF4SAID PLAT;;06 CHERRYYLANEMAN OR,",PROCEEDN89 5VI pk,,AkoNG, THE SOUtiTI LINE;'.OF SAID ;TRACT 1,1',A DISTANCE OF ;130.46 FEET TOA =POINT OFi INTERSECTION OF THE SOUTH;`L{NE OFfTRACT 11' WITH'THE WEST, L==INE OF; L"QT 12 OF SAID CHERRY LANE ;MANOR V.Ekri TENDED SOU:T,HERLY. THENCEiN00 i3Ofgel ALONG.THE;EXTENDED WEST LINE"OF LOfi12 DISTANCE OF 35 FEETrT � HEoS.OUT N 000RNE40,0'SAID LO TiV:-'TTHENC1 S'8-51% ALONG: THEr SOUTH LINE OF LOT;; 12 vAi DIS] TANCE' OF 130.46 FEETt,TO THE>SOUTHEAS! 'CORNERJOF LOTt12 SAIDV.P,011VT;BEJNGsON;THE €EAST L'INE'OF2 TRACTS 1b;„THENDEO O 1,7 32W ALONG'THE EAST CINE',`OF TRACT411, LQIS TANCE':iOF 35 00 FEET''TO rYTHT} E POINQF BEGIN- NTNG =SAID P0_RTION LING IN ;SECTIONa32, TOWNSHUTH13'1. RANGE 39 EAST,INDIA RIVER COUNTY,'FL"ORIDA, _;,. SAID�PARCEL CONTAINS -4 566 SQUAREFEET MORE ORLESS y , A public; heanng ;at whichiparties m„mterestrand citizens shall have an opportunity tp be heard wil be held ;by the Board of County Co•mr issioners`o1 Indian "River4 County Florida in the -:County' Com- mission', Chemb rs of the=;CountysA lmmistratior Building located,"at 1840 25th Street ,'Vero+Beach Florida, on Tuesdayy February' 10 2004 t<` Anyone"`who mawish sto which may be made at this meetingzwill ensurethat a verbatim record rof the pros is made which includes theftestimony ant dente upon which�;the appeal wiII be�based : , ,i, , ; INDIAN,RIVER COUN;tY BOARD OF COUNTY COMMISSIONERS BY s Kenneth R Macht,Chalrma`rt January 27 2004,:471334 gs Lproji-ienum 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 Copvline PO # I R C PLANNING DEPT/DISPLA 519020 2/28/2004 RES. 2004-22NANESSA Subscribed and sworn to me before this date: Mar tS 01, 20104'' L,J *\ L Notary Public t Comm Exp. 10/8/04 No. CC 973628 Personally Known t 1 Other I.D.