HomeMy WebLinkAbout2012-069RESOLUTION 2012- 069
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF IST
COURT SE (AVENUE D) LYING SOUTH OF 22ND STREET SE (WATERS
STREET) BETWEEN LOT 5 BLOCK 6 AND LOTS 1 & 2 BLOCK 2 AS SHOWN ON
THE PLAT OF FLORIDA RIDGE NO. 2, RECORDED IN PLAT BOOK 4, PAGE 80,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND AMENDED
PLAT RECORDED IN OR BK 8, PAGES 178 AND 179, OF THE PUBLIC
RECORMOF INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, on June 7, 2011, Indian River County received a duly executed and documented
petition from Steve Shieder, 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 1st Court SE
(Avenue D) south of 22nd Street SE (Waters Street) lying between Lot 5 Block 6 and Lots 1 and 2 Block
2 as shown on the plat of Florida Ridge No. 2, recorded in Plat Book 4, Page 8, Public Records of
Indian River County, Florida, amended in OR Book 8, Pages 178 and 179 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, 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:
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:
THAT PORTION OF AVENUE "D" (PLAT) 1sT COURT SE (POSTED), LYING
SOUTH OF THE SOUTH RIGHT OF WAY LINE OF WATERS STREET (PLAT)
22ND COURT SE (POSTED), LESS THE NORTH 66.60 FEET OF THE WEST 60.00
FEET THEREOF, SAID RIGHT OF WAY BEING SHOWN ON THE PLAT OF
FLORIDA RIDGE NO.2 ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 4, PAGE 80, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
is hereby forever closed, abandoned, renounced, disclaimed, and vacated, except that a 15'
utility easement (7.5' on each side of the new property lines) is retained (see exhibit).
2. The closing, vacation, and abandonment of this public right-of-way are in the best interests of
the public.
2234642
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2602 PG: 1887, Pagel of 8
08/3012012 at 08:42 AM,
F:\Community Development\Users\CurDev\RESOLUTION\2012 Resolutions\ I stcourtse 2012- doe 1
JEFFREY R SMITH, CLERK OF COURT
RESOLUTION 2012- 069
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 south 66.60 feet of the subject right-of-way for 1St Court SE shall revert evenly to Lot 2,
Block 2 and Lot 5, Block 6, with the north 66.60' attached to Lot 5 Block 6.
The foregoing resolution was offered by Commissioner Davis who moved
its adoption. The motion was seconded by Commissioner o' Bryan , and upon being put to a
vote, the vote was as follows:
Chairman Gary C. Wheeler
Vice Chairman Peter D. O'Bryan
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Bob Solari
A,
A,
Ave
Aye
The Chairman thereupon declared the resolution duly passed and adopted this 21 St day of
August , 2012. u "
�,i11 is ;
.y
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
,,� Nq
Gary C. eeler, Chairman •••!VER cc`
ATTEST: Jeffrey_ R. 5r ' Clerk of Cotir
d Comptroller
Deputy C
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 Gel fo 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\CurDev\RESOLUTION\2012 Resolutions\Istcourtse 2012- doc 2
RESOLUTION 2012- 069
WITNESS my hand and official seal in the County and State last aforesaid this 21st day of
July A.D., 2012.
TERRI COLLINS-LISTER
** MY COMMISSION i EE 012487
r EXPIRES: October 30, 2014
I . ��.�° Bonded mN Budget Notary SwAm
APPROVED AS TO LEGAL SUFFICIENCY
D0
BY:
Alan S. Polackwich, Sr., County Attorney
APPROVED A TO PLANNING MATTERS
BY: e'pl"
%`K r
Robert M. Keating, AICP, irector
Community Development epartmen
6im,t owc-/U (�tt
Notary Public
F:AConununity Development\Users\CLIrDevARESOLUTION\2012 Resolu6011s\ISLCOUrtse2012- .doc 3
SURVEYOR'S NOTES:
I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND
DECIMAL PARTS THEREOF.
2. THE NORTH LINE OF LOT 5 IS ASSUMED TO BEAR
N 90°00'00"W AND ALL OTHER BEARINGS ARE RELATIVE
THERETO.
SKETCH OF DESCRIPTION
NOT A FIELD BOUNDARY SURVEY 0 30 60 120
RIGHT OF WAY TO BE ABANDONED I" - 60'
THAT PORTION OF AVENUE "D' (PLAT) IST COURT SE (POSTED). LYING SOUTH OF
THE SOUTH RIGHT OF WAY LINE OF WATERS STREET (PLAT) 22ND COURT SE (POSTED).
LESS THE NORTH 66.60 FEET OF THE WEST 60.00 FEET THEREOF. SAID RIGHT OF
WAY BEING SHOWN ON THE PLAT OF FLORIDA RIDGE NO. 2 ACCORDING TO THE PLAT
THEREOF. AS RECORDED IN PLAT BOOK 4. PAGE 80. OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA.
15' Utility Easement to
be centered in right of
way to be abandoned.���
C
PORTION OF C
AVENUE "D" (PLAT)
IST COURT SE (POSTED) ,/
TO BE ABANDONED
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I2. REV PER IRC 5-29-12 DMJ
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-DATE OF SKETCH: MAY 8. 2012
THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT
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FLORIDA LICENSED SURVEYOR & MAPPER NAMED BELOW.
-SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE
DAVID M. JONES. FLORID (CENSE NUMBER LS 3909
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-DATE OF SKETCH: MAY 8. 2012
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THE SIGNATURE -AND ORIGINAL RAISED SEAL OF THE
FLORIDA LICENSED SURVEYOR & MAPPER NAMED BELOW.
-SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE
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(772)567-9172 FAX VERO BEACH, FL 329