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HomeMy WebLinkAbout2014-004RESOLUTION 2014- 004 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OFA 74' BY X33' PORTION OF DOUBLOON DRIVE THAT LIES IN FRONT OF 9440 DOUBLOON DRIVE, LOT 6, BLOCK D IN THE SUMMER PLACE UNIT 3 SUBDIVISION AS SHOWN IN PLAT BOOK 7, PAGE 74 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, on June 21, 2013, Indian River County received a duly executed and documented petition from Margaret Fuller 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 74' by X33' portion of Doubloon Drive that lies in front of 9440 Doubloon Drive (Lot 6, Block D) of the Summer Place Unit 3 Subdivision as shown in Plat Book 7, Page 74, of the Public Records of 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, staffinvestigationand report, and testimony of all those interested and present, the Board finds that the subjectright-of--way is not a state or federal highway, not located within any municipality, not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any 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 segment more particularly described as follows: BEGINNING AT THE SOUTHEAST CORNER OF LOT 5 BLOCK D OF SAID SUMMER PLACE UNIT 3 THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 5 A DISTANCE OF 74.00 FEET TO THE WESTERLY EXTENSION OF THE COMMON LINE OF LOTS 6 & 7 OF SAID BLOCK D, THENCE IN AN EASTERLY DIRECTION ALONG SAID WESTERLY EXTENSION OF THE COMMON LINE OF LOTS 6 & 7 A DISTANCE OF 32.95 FEET TO THE NORTHWEST CORNER OF SAID LOT 6, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 6 A DISTANCE OF 74.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PLAT OF SUMMER PLACE UNIT 3 A DISTANCE OF 32.95 FEET TO THE PLACE AND POINT OF BEGINNING . Lying in Indian River County, Florida. 3120140007315 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2736 PG: 68 Page 1 of 8 2/72014 10:49 AM F:\Community Development\CurDev\RESOLUTION�2014 Resolutions\Fuller-DoubloonDrive2014-_.doc t RESOLUTION 2014- 004 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OFA 74' BY X33' PORTION OF DOUBLOON DRIVE THAT LIES IN FRONT OF 9440 DOUBLOON DRIVE, LOT 6, BLOCK D IN THE SUMMER PLACE UNIT 3 SUBDIVISION AS SHOWN IN PLAT BOOK 7, PAGE 74 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, on June 21, 2013, Indian River County received a duly executed and documented petition from Margaret Fuller 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 74' by X33' portion of Doubloon Drive that lies in front of 9440 Doubloon Drive (Lot 6, Block D) of the Summer Place Unit 3 Subdivision as shown in Plat Book 7, Page 74, of the Public Records of 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, staffinvestigationand report, and testimony of all those interested and present, the Board finds that the subjectright-of--way is not a state or federal highway, not located within any municipality, not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any 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 segment more particularly described as follows: BEGINNING AT THE SOUTHEAST CORNER OF LOT 5 BLOCK D OF SAID SUMMER PLACE UNIT 3 THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 5 A DISTANCE OF 74.00 FEET TO THE WESTERLY EXTENSION OF THE COMMON LINE OF LOTS 6 & 7 OF SAID BLOCK D, THENCE IN AN EASTERLY DIRECTION ALONG SAID WESTERLY EXTENSION OF THE COMMON LINE OF LOTS 6 & 7 A DISTANCE OF 32.95 FEET TO THE NORTHWEST CORNER OF SAID LOT 6, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 6 A DISTANCE OF 74.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PLAT OF SUMMER PLACE UNIT 3 A DISTANCE OF 32.95 FEET TO THE PLACE AND POINT OF BEGINNING . Lying in Indian River County, Florida. 3120140007315 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2736 PG: 68 Page 1 of 8 2/72014 10:49 AM F:\Community Development\CurDev\RESOLUTION�2014 Resolutions\Fuller-DoubloonDrive2014-_.doc 2 RESOLUTION 2014- 004 is hereby forever closed, abandoned, renounced, disclaimed, and vacated, except that a utility easement shall be retained over the entire area of the subject abandonment. (see Exhibit A attached) The closing, vacation, and abandonment of this right -of --way is in the best interests of the public. 3. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof. 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 Lots 5 and Lot 6, Block D within the Summer Place Unit 3 Subdivision. The foregoing resolution was offered by Commissioner �o� ar; who moved its adoption. The motion was seconded by Commissioner Flescher and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 14th day of J3nuary , 2014. ., ��. - J; O. o9y, �'`y�`fR coui' BOARD OF COUNTY COMMISSIONERS INDIA�IVER COUNTY, FLORIDA 's :, Peter D. O'Bryan, *: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk F:\Community Development\CurDev\RESOLUTION\2014 Resolutions\Fuller-DoubloonDrive2014 =.doc 2 RESOLUTION 2014-�_ I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared Leona Allen and Peter o' Bryan 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 14�h dayof January , A.D., 2014. Notary Public APPROVED AS TO LEGAL SUFFICIENCY BY: l�U" - Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS ��� BY: Stan Boling, AICD?', D rector Community Development Department F:\Community Development\CurDev\RESOLUTION\2014 Resolutions\Fuller-Doubloon Drive2014-.doc .� ,,. <,� TERRItuu h+ �'ue MY COMMISSION � EE 012487 * EXPIRES:October30,2 o�sf .ate gp�edThtuBtldpdN�7 ? 9T OF F�� * f �o, 3 MAT PORTION OF DOUBLOON DR LYING RV 5UMMEPLAGE• UNIT 3 ACCORDING TO THE PLAT THEREOF A5 RECORDED IN PIAT BOOK 7, PAGE 74 OF THE PUBLIC RECORDS OF INDIAN RIVER 00 SO FLORIDA MORE PARTICULARLY DE50RIBED AS FOLLOWS■ NSEGINNING AT THE SOUTHEAST GORI'Ii=R OF LOT 5, BLOCK 'D' OF SAID 5UMMERPLAGEL UNIT 3 r"ENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 5 A DISTANCE OF 74.00 FEET TO THE WESTERLY EXTENSION OF THE COMMON LINE OF •LOTS G + 7, Or SAID BLOCK D: THENCE IN AN EASTERLY DIRECTION ALONG SAID WESTERLY EXTENSION OF THE COMMON LINE OF LOTS 6 + 7 A DISTANCE OF 32.95 FEET TO THE NORTHWE5T GORNER OF SAID LOT Go THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT G A DISTANCE OF 74.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT Gi THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PLAT OF SUMMERPLACE. UNIT�3 A DISTANCE OF 32.95 FEET TO THE PLACE AND PONT OF BEGINNING. GONTAINMG d.05 AGRE5 MORE OR LE55 FF �U N.W. GOR. LOT G �O BLOCK CORNER �O.Co0' nH WEST LINE of LOT 6 �v oIQ ��� co yah I CSN c. �o Piw a EAST LINE OF LOT 5 74.0 a' awTB! �aHaa HAYI-IURST P00050 S.E. GOR. LOT 5 SURVEYING 445 9TH ST. S.W. Un(t-7 VERO BEACH, FL. 32962 PHONE: (772) 569-6680 FAX: (772) 7703446 Exhibit A I S�