HomeMy WebLinkAbout2012-062RESOLUTION 2012- 062
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF
AN ALLEYWAY BETWEEN LOTS 11 21 AND 3 ON 83 IID AVENUE
(SEBASTIAN AVENUE) AND LOTS 8, 9, AND 10 ON 82N11 COURT (BERRY
AVENUE) BLOCK 2 TOWNSITE PLAT OF ROSELAND AS SHOWN IN PLAT
BOOK 1, PAGE 43 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, AS
DESCRIBED HEREIN, SAID LAND NOW LYING IN INDIAN RIVER
COUNTY, FLORIDA
WHEREAS, on April 5, 2012, Indian River County received a duly executed and
documented petition from Diana Messner 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 of alleyway between lots 1, 2, and 3, on 83rd Avenue (Sebastian Avenue) and Lots 8, 9, and
10 on 82" d Court (Berry Avenue) Block 2 Townsite Plat of Roseland as shown in Plat Book 1, Page
43, of the Public Records of St. Lucie 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 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, 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 Cowlty and the public in and to that certain right-ot=way
segment more particularly described as follows:
A STRIP OF LAND BEING 16.00 FEET WIDE LYING ADJACENT, CONTIGUOUS TO
AND PARALLEL WITH THE EASTERLY BOUNDARY LINE OF LOTS 1 THROUGH 3
INCLUSIVE AND THE WESTERLY BOUNDARY LINES OF LOTS 8 THROUGH 10
INCLUSIVE, BLOCK 2 OF "TOWNSITE PLAT OF ROSELAND FLORIDA" AS
RECORDED IN PLAT BOOK 1, PAGE 43 OF THE PUBLIC RECORDS OF ST, LUCIE
COUNTY, FLORIDA, SAND LAND NOW LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS THE
EXISTING 16.00 FOOT WIDE ALLEY AS SHOWN ON SAID PLAT AND
RECOGNIZED BY RESOLUTION NO, 2000-150 OFFICIAL RECORD BOOK 1371
PAGE 420, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 2,881.37 SQUARE FEET 2228872
THIS
DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2596 PG:392, Pagei of 7
08/03/2012 at 08:46 AM,
JEFFREY R SMITH, CLERK OF COURT
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RESOLUTION 2012- 062
Lying in Indian River County, Florida.
is hereby forever closed, abandoned, renounced, disclaimed, and vacated, except that a
utility easement shall be retained over the entire area subject to the abandonment.
?. The closing, vacation, and abandonment of this public alleyway is in the best interests olthe
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 ofpublication
required by Florida Statutes 336.10 in the Official Record Books of Indian River County
without undue delay.
5. The alleyway shall revert evenly to properties on both sides of the alley.
The foregoing resolution was offered by Commissioner o'Bryan who
moved its adoption. The motion was seconded by Commissioner Solari and upon
being put to a vote, the vote was as follows:
Chairman Gary C. Wheeler
Vice Chairman Pctcr D. O'Brvan
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Bob Solari
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly passed and adopted this_ 17th ___ day of
July , X012.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLOR[DA
BY:
Gary C�Vheeler, Chairman
ATTEST: Jeffrey R. Smj,6, Clerk of Cou
BY:
Deputy Cl
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Oft(trt,
Comptroller
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RESOLUTION 2012- 062
I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and
County to take acknowledgments, personally appeared Gary Wheeler and
Maureen Ge_lfo 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 an and ofticial seal in the County and State last aforesaid this 17th
of July , A.D., 2012.
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EXPIRES: October 30, 2014
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APPROVED AS TO LEGAL SUFFICIENCY
BY: A// Vr(j\
Alan S. Polaekwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
Robert M. Keating, AIC
Community Developmei
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Notary Public
day
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