HomeMy WebLinkAbout2003-077RESOLUTION 2003 077_
IN THE RECORDS OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FLA.
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 BETWEEN 6th AVENUE AND 4th COURT, SAID LAND
LYING IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on October 3, 2002, Indian River County received a duly executed and
documented petition from Robert Lee of Sebastian, Florida, 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 13th Street lying between 6th Avenue and 4th Court as shown on the plat of the
Orange Terrace subdivision and recorded in Plat Book 10, Page 17 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.
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:
A PORTION OF STREET RIGHT OF WAY LYING IN THE SOUTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39
EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT TIE SOUTHEAST CORNER OF LOT 12, ORANGE
TERRACE SUBDIVISION, AS RECORDED IN PLAT BOOK 10, PAGE 17, OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA FOR THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PORTION OF STREET
RIGHT OF WAY, THENCE S00°08'00"W ALONG THE EAST LINE OF SAID
LOT 12, ORANGE TERRACE SUBDIVISION, EXTENDED SOUTH, 30.00
FEET, THENCE N89°42'40"W ALONG A LINE PARALLEL TO AND LYING
30.00 FEET SOUTH OF THE SOUTH LINE OF LOTS 11 AND 12, OF SAID
ORANGE TERRACE SUBDIVISION, 202.87 FEET TO A POINT LYING 30.00
FEET SOUTH OF THE WEST LINE OF SAID LOT 11 EXTENDED, THENCE
N00°04'30"W ALONG THE WEST LINE OF SAID LOT 11 EXTENDED, 30.00
FEET TO THE SOUTHWEST CORNER OF SAID LOT 11, THENCE
S89°42'40"E ALONG THE SOUTH LINE OF SAID LOT 11, 100.00 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 11, SAID CORNER ALSO BEING
THE SOUTHWEST CORNER OF SAID LOT 12, THENCE CONTINUE
F:\Community Development\Users\CueDev\RESOLUT\13th Street Robert Lee 061803.doc 1
Tt
RESOLUTION 2003- 077
S89°42'40"E ALONG THE SOUTH LINE OF SAID LOT 12, 102.98 FEET TO
THE POINT OF BEGINNING.
SAID PORTION OF RIGHT OF WAY CONTAINS 6087.76 SQUARE FEET,
(00.1398 ACRES, MORE OR LESS).
Lying in Indian River County, Florida.
is hereby forever closed, abandoned, vacated, except that the entire former right-of-way will
be reserved as a drainage and utility easement. (see Exhibit "A", attached)
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 County
without undue delay.
5. The right-of-way shall revert tothe adjacent platted lots in Orange Terrace subdivision.
The foregoing resolution was offered by Commissioner Neuberger who moved its
adoption. The motion was seconded by Commissioner Gi nn , and upon being put to
a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice -Chairman Caroline D. Ginn Aye
Commissioner Fran Adams Aye
Commissioner Thomas S. Lowther Aye
Commissioner Arthur R. Neuberger Aye
F:\Conununity Development \ Users \CvrDev\RESOLUT\ 13th Street Robert Lee 061803.dec
2
1.96-e9d0C91IO
The Chairman' t
July
RESOLUTION 2003- 077
on declared the resolution duly passed and adopted this 8th day of
BOARD OF COUNTY COMMISSIONERS
INDIA VER . 0 T FLOR
BY: �.
nneth R. Macht, Chairman
Board of County Commissioners
I HEREBY "CERTIFY that ion this day, before me, and officer duly authorized in this State and
County to take acknowledgments, personally appeared Kenneth R. Macht , and
PATRICIA M. R1DGELY 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 8th day of
July , A.D., 2003.
APPROVED AS TO LEGAL SUFFICIENCY
William G. Collins,
County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
Robert M. Keating, AICP, Di
Community Development Di ision
F:\Community Development\Users\CurDev\RESOLUT\I3th Street Robert Lee 061803.doc
AttfetA87
Notary Public
Kimberly E. MY COMMISSION # CB5543oEXPIRES
4.. � July 15, 2003
BONDED THRU TROY FAIN INSURANCE INC
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30.00'
30.00'
1100' 041301'
30.00'
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30.00'
Lot 10
GRAPHIC SCALE
Jo 0 10 70
I 1 r
(IN FEET )
1 inch m 30 ft.
N00'04'30"W 283.87'
1NEST LINE OF LOT II
SW CORNER *LOT I1, ORANGE
TERRACE SUBDIVISION
Lot 11
w
Cranes Terrace Subdivision
Plat Bask 10, Page 17, Indian River County, FI.
OWNERS - LEE-HOSMER, LLC
a
5861'42'40"E
30.00' /5
500'08'00"W
EAST LINE OF LOT 11
NEST LINE OF LOT 12
Lot 12
Oran53e Terrace Subdivision
Plat Back 10, Page 17, Indian River County, FI.
OWNERS - LEE-HOSMER, LLC
POINT OF BEGINNING:
SE CORNER LOT 12, ORANGE
TERRACE SUBDIVISION
500'08'00"14 2501.c10'
40.00'
EAST LINE OF LOT 12
Lot 10 Lot 9
Rock Ridge Subdivision, Unit 4
Plat Book ES, Page 7, Indira River County, FI.
SKETCH OF DESCRIPTION FOR: Portion Of 13th Street Rw Abandonment
In Sec. 12-33-39, Indian River County, FI.
(See Sheet 2 Of 2 For Legal Description)
TYPE: SKETCH OF DESCRIPTION: DATE: II/06/02
PROJ. N0. 02-464 F.B. PG.
DWN. BY: PRB SCALE: I'= 30'
CKD. BY: SAH
THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE
AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED RE°ORT.
THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER.
F:\SET UP (00 NOT USE)\2002 PRIVATE J080\02.464 -East Cate Villa Drainage Esm't.dwg. DI/30/20031245.00 All. PRA
Sheet I Of 2
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JUL 20Q3 m�
SCAMPS HOWARD.
lop T ore'.
PRESS JOURNAL
NDIAN 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 ilhat 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 covporation 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.
Billin me Date(s)
/1-;jilffrwi
Matter Of
67q03,0 'V
Sub ribe• and sworn to me before this date:
q D�
Notary Public
BEVERLY M. KEEHNER
My Comrn Exp. 10/8/04
No. CC 973628
rsonally Known () Other I.D.
IN THE RECORDS OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FLA.
tweenr 6tli
4th; Court
•"'l yjthe#a
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Co
Indian River
Boardyof�,y g ,,,,:
County'Commissioners
BY sKenneth R Macht
Julyxl9},2003 #y° r} . .
221820• GJ
L6Z9d0C91 ?Q
0'v
SCRIPPS HOWARD
6 14 7 1 1 J t, 3 AUG 27 P1 3: 22
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 #
P F
Billing Name , Date(s) Matter Of
/3'41
c Pq` ' 64t0/03
Subs ribed and sworn to me before this date:
-to Q3
Notary Pub lc
BEVERLY M. KEEHNER
My Comm Exp. 10/8/04
No. CC 973628
I ersarally Knaem I l Other I.D.
IN THE RECORDS OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FLA.
gminc
ularly described Qs follows R:
A PORTION OF STREET RIGHT,OFVWAY'LYING IN THE'
SOUTHEAST`'/ OE.THE NORTHEAST'/ OF:SECTION 12
TOWNSHIP 33 SOUTH RANGE 39t EAST, INDIAN RIVER'
COUNTY' FLORIDA 7 -SAID PORTIQ . BEING MORE PAR'
TICUTARLY_DESCRIBED AS FOLLOWS "Y
COMMENCING AT ',THE SOUTHEAST CORNER OF LOT!
12 ORANGE TERRACE SUBDIVISEON, AS�iRECORDEC INS
PLAT BOOK 10 PAGEfl7OF THE;PUBLIC RECORDSOE
INDIAN RIVER COUNTY FLORIDA'FOR THE POINT OF
BEGINNING OFrTHE' HEREIJJ DESCRIBED PQRTION;0F
STREET RIGHTrOF WAY THENCE'S00°08,00,W ALONG;
THE EASTLINE 01' SAIb LOT 1. QRfrNGETERRACE SUBS
DIVISION: EXTENDED�SOUTrr 30 00'j.F,EET THENCE;
N89 4240 WtALONG A LINE RARALLELeto AND LYING
30 00 FEET SOUTH ''O THE'SOUTH LINE OF ILOTS 11':
AND 12,°OF SAID-ORNGE'%TERRACE't SUBDIVISION;
20287 FEET TO A.P.OINT LYING3000 EEET SOUTH OF;'
THE"WEST LINE,OF SAID L,OT411 EXTENDED THENCE
!N00 04,30 W ALONG THE.WEST LINE0E SAID;107 l,ls
EXTENDED 3000 FEET T03THE SOUTHWEST CORNER,
OF SAID !LOT, 11 ":THENYCE S o89°42 40 ,5QALONG-TWE.
SQUTH,_LINE OF SAID LOT 11 {10000 FEET TO?TH' E;
'SOUTHEAST CORNER'OF SAID LOT 11 ,.SAID CORNER,
ALSO BE{NG THE SOUTHWESTkCORNER40F SAID`LOT
12 THENCE 'CONTINUE S89°4240 E,iALONG :aTHE'
SOUTH .LINE OF SAID LOT 1.2 102 98 FEET TO -THE.
#t �.A'
POINT`OF.BEGINNING � y
SAID PORTIONrOF RIGHT OF WAY CONTAINS 608776'
'SQUAREFEET (00 1398 ACRES` MORE OR LESS) S
A public tearing at 3rhich°parties„in interest and ci8
a