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Home My WebLink About2013-0591 L a RESOLUTION 2013- 059 ti RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN c RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 20' WIDE Cr ALLEYWAY RUNNING FROM 42ND PLACE SOUTH TO 42" STREET AND YUM o LYING BEHIND LOTS 140 OF THE J. T. GRAY'S TOWN OF GIFFORD a v > SUBDIVISION AS SHOWN IN PLAT BOOK 1, PAGE 89 OF THE PUBLIC U, z a RECORDS OF BREVARD COUNTY, AS DESCRIBED HEREIN, SAID LAND z!= NOW LYING IN INDIAN RIVER COUNTY, FLORIDA —�w(7 > n WHEREAS, on April 2, 2013, Indian River County received a duly executed and odocumented petition from KTLC TDI, LLC requesting that the County close, vacate, abandon, N U UMo .. discontinue, renounce and disclaim anZ right, title and interest of the County and the public in and to W W m a 20 wide alleyway running from 42 Place south to 42 Street and lying behind lots 1-10 of the J. mWWZz c ' n nd T. Gray's Town of Gifford Subdivision as shown in Plat Book 1, Page 89, of the Public Records of Brevard 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 ofthe petition, supporting documents, staffinvestigation 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, 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 NORTHEAST CORNER OF LOT 1 OF SAID J.T. GRAY'S SUBDIVISION, THE SAME BEING THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF 42ND PLACE AND THE WEST RIGHT OF WAY LINE OF THE SUBJECT 20 FOOT ALLEY, THENCE SOUTHEASTERLY ALONG THE SAID WEST RIGHT OF WAY LINE A DISTANCE OF 645.1 FEET MORE OR LESS TO A POINT, SAID POINT BEING 5 FEET NORTH OF, AS MEASURED PERPENDICULAR TO, THE NORTH RIGHT OF WAY LINE OF 42ND STREET; THENCE EAST AND PARALLEL WITH THE SAID NORTH RIGHT OF WAY LINE OF 42ND STREET A DISTANCE OF 20.6 FEET MORE OR LESS TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE SAID SUBJECT 20 FOOT ALLEY, THE SAME BEING THE WESTERLY LINE OF PINSON SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 94 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTHWESTERLY ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF THE SAID SUBJECT 20 FOOT ALLEY A DISTANCE OF 649.1 FEET MORE OR F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\KiteJTGrays 2013-_.doc 1 V t RESOLUTION 2013- 059 LESS TO AN INTERSECTION WITH THE SAID SOUTHERLY RIGHT OF WAY LINE OF 42ND PLACE; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 20.0 FEET MORE OR LESS TO THE POINT OF BEGINNING; CONTAINING 12,940 SQUARE FEET MORE OR LESS. Lying in Indian River County, Florida. is hereby forever closed, abandoned, renounced, disclaimed, and vacated, except that a drainage and utility easement shall be retained over the entire area of the subject abandonment. (see Exhibit A attached) 2. The closing, vacation, and abandonment of this public alleyway 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 alleyway shall revert to properties on the west side of the alley within the J. T. Gray's Town of Gifford Subdivision. The foregoing resolution was offered by Commissioner Davis who moved its adoption. The motion was seconded by Commissioner Flescher and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of July , 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA :. r��`t COI�,�r BY: `i Joseph E. F scher, Chairman F:\Community Development\CurDev\RESOLUTIOM2013 Resolutions\KiteJTGrays 2013-_.doc 9?2c;: • ..... 2 A RESOLUTION 2013- 059 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY Deputy Clerk I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared Joseph E. Flesche,e; and Maureen rel fn 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 2nd day of Jul A.D., 2013. APPROVED AS TO LEGAL S r A an S. Polackwich, Sr., County Attorney APPROVED AS TO PLANNING MATTERS BY: JrOZ4 Robert M. Keating, AI P, Dire Community Development Dep Ment �..•.'�, U1URA E. VA9QUE1 M1 WINMOOM 9 EE 1281W ** EXPIRES: Avoud 181 2015 *art ,��' kidw MawNoe N IMIM F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\KiteJTGrays 2013-_.doc 3 Legal Description & Sketch Exhibit 'Ait for Abandonment of Z0' Alley in the J. T. Gray's Subdivision Indian River County, Florida Sheet 1 ofZ SURVEYORS NOTES Not Valid ithoutAll Sheets 1) THE SKETCH ATTACHED WAS PRPEPARED BASED UPON EXISTING RECORDED PLATS AND R/W MAP FOR OLD DIXIE HIGHWAY RECORDED IN P.B. 24, PAGES 81-93. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION 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 5J-17, FLORIDA ADMINISTATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. IFS R/W RIGHT—OF—WAY P.B. PLAT BOOK PG. PAGE L LENGTH CH CHORD DISTANCE CS CHORD BEARING PSM PROFESSIONAL SURVEYOR AND MAPPER A DELTA SUB'D. SUBDIVISON N NORTH S SOUTH E EAST W WEST LEGAL DESCRIPTION A PORTION OF A 20 FOOT ALLEY AS SHOWN ON THE PLAT OF J.T. GRAY'S TOWN OF GIFFORD SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 89 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID J.T. GRAY'S SUBDIVISION, THE SAME BEING THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF 42ND PLACE AND THE WEST RIGHT OF WAY LINE OF THE SUBJECT 20 FOOT ALLEY; THENCE SOUTHEASTERLY ALONG THE SAID WEST RIGHT OF WAY LINE A DISTANCE OF 645.1 FEET MORE OR LESS TO A POINT, SAID POINT BEING 5 FEET NORTH OF, AS MEASURED PERPENDICULAR TO, THE NORTH RIGHT OF WAY LINE OF 42ND STREET; THENCE EAST AND PARALLEL WITH THE SAID NORTH RIGHT OF WAY LINE OF 42ND STREET A DISTANCE OF 20.6 FEET MORE OR LESS TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE SAID SUBJECT 20 FOOT ALLEY, THE SAME BEING THE WESTERLY LINE OF PINSON SUBDIVISON AS RECORDED IN PLAT BOOK 2, PAGE 94 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTHWESTERLY ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF THE SAID SUBJECT 20 FOOT ALLEY A DISTANCE OF 649.1 FEET MORE OR LESS TO AN INTERSECTION WITH THE SAID SOUTHERLY RIGHT OF WAY LINE OF 42ND PLACE; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 20.0 FEET MORE OR LESS TO THE POINT OF BEGINNING, CONTAINING 12,940 SQUARE FEET MORE OR LESS. LEGAL UtSCKIF' !!UN ZiC SKt ! GFi Drawn by* Checked by Fite name "This is NOT a Boundary Survey" DMT DMT 6730 Masieller, Moler, NQ>* N& ' T Reed & Taylot; Ijsc. THI=` ori PROFEA3.3IONALSllRVZ'YOR3 f1NDfflAP7ER0 LAND SUR F2PINGBUSINEss""i4 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAV D TAYLOR P. So 5243 h w Legal Description �& Sketch Exhibit „A, for Abandonment of 20' Alley in the J. T. Gray's Subdivision Indian River County, Florida Cr Sheet 2 of 2 Not Valid Without All Sheets "i-UNr�BEaNNIN� PO 'T p4A% LOT 1 LOT 2 i T3 Q� LOT 4 LOT 5 LOT 6 LOT 7 uNPLArrED WZ LOT 41Y -p O (Dip LOT 40 LOT 39 C LOT 38 •_ LOT 37 tt o � !OT 36 0 O LOT 35 . �. S- � Qcy�1 � LOT 33 LOT 8 � v N t9 LOT 32 LOT 9 'A LOT 31 LOT 10 NORTH R 206 42ND STREET 42ND STREET LOT 11 UNPLATTED n�'c€if, p LEGAL Drawn by: Checked by File name# aY ^ wing Name "This is NOT a BoundarySurveyDMT DMT 6730 0 7 I'�+O ° ,. �»� 0.dwg ,, n ,, �, NOT V Ilifii�k ? Ft AND Masiellei, lYloler; IP Reed & Taylor Ing T� � AI �iI1 FLORIDA YEt' PROFESSIO)Ul SIlRYEYORSfINDMfIPPERS �j�atr . y� tr' A �j !� 1 /T\ 1655 27th Street, Suite 2 Vero Beach, Florida 32960 7, Phone: (772) 564—$050 Fax: (772) 794-0647 DAVID;;`1P.L y �- L 4 1