HomeMy WebLinkAbout2014-0173120140015243
RECORDED IN THE PUBLIC RECORDS OF
RESOLUTION 2014- 017 JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2745 PG: 9 Page 1 of 8 3/19/2014 12:00 PM
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING rOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF 90' BY 5'343
SQ. FT. SLIVER OF SAVANNAH DRIVE RIGHT-OF-WAY THAT LIES
ADJACENT TO A PORTION OF LOT 1 AND TRACT A OF BLOCK 62 IN THE
WINDSOR PLAT 25 AS SHOWN IN PLAT BOOK 17, PAGE 32 OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on August 75 20137 Indian River County received a duly executed and
documented petition from Windsor Properties 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 90' by 5' 343 sq. ft. silver of Savannah Drive right -of --way that lies adjacent to a portion of Lot 1
and Tract A of Block 62 in the Windsor Plat 25 as shown in Plat Book 17, Page 32, of the Public
Records of Indian River County, Florida; and i
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 portion of
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; and
WHEREAS, the Board further finds upon notification to all utility providers that the subject
right -of --way is not needed for utility purposes and will not be required for utility purposes in the
future.
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
seZ:>ment more particularly described as follows:
TRACT "A" AND THE NORTH 47.21 FEET OF LOT 1, BLOCK 62, OF THE
AFOREMENTIONED PLAT OF WINDSOR PLAT 25, TOGETHER WITH THE
FOLLOWING DESCRIBED PORTION OF SAVANNAH DRIVE RIGHT OF WAY
AS SHOWN ON SAID PLAT OF WIN
DSOR PLAT 25:
BEGINAT THE NORTHWEST CORNER OFS
AID TRACT "A": THENCE S 7
DEGREES 00 MINUTES 41 SECONDS EAST, ALONG THE EAST RIGHT OF WAY
LINE OF SAVANNAH DRIVE, A DISTANCE OF 43.08 FEET TO THE
NORTHWEST CORNER OF SAID LOT 1, BLOCK 62, THENCE S 00 DEGREES 20
MINUTES 48 SECONDS EAST STILL ALONG SAID EAST RIGHT OF WAY LINE
AND THE WEST LINE OF SAID LOT 15 A DISTANCE OF 47.21 FEET TO A POINT
ON THE SOUTH LIN
E OF THE NORTH 47.21 FEET OF SIDE LOT 1: THENCE S 89
F:\Community Development\CurDev\RESOLUTION\2014 Resolutions\savannahDr2014-_.doc
1
RESOLUTION 2014- 017
DEGREES 39 MINUTES 12 SECONDS WEST, ALONG THE WESTERLY
PROLONGATION OF SAID SOUTH LINE OF THE NORTH 47.21 FEET OF SAID
LOT 1, A DISTANCE OF 5.00 FEET: THENCE N 00 DEGREES 20 MINUTES 48
SECONDS WEST. A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 343 SQUARE FEET, MORE OR LESS.
Lying in Indian River County, Florida.
is hereby forever closed, abandoned, renounced, disclaimed, and vacated. (see Exhibit A
attached)
2. 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 entirely to the adjacent lot and tract.
6. By adoption of this Resolution the county also releases its dedication rights for utility
purposes only as to the subject property herein on Windsor Plat 25, recorded in the Plat Book
17, Page 32, Public Records of Indian River County, Florida.
The foregoing resolution was offered by Commissioner Solari who
moved its adoption. The motion was seconded by Commissioner Davis 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
Ave
Aye
Aye
The Chairman thereupon declared the resolution duly passed and adopted this 4th day of
March ,2014.
F:\Community Development\CurDev\RESOLUTIOM2014 Resolutions\savannahDr2014-
.doc
RESOLUTION 2014-017
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA tis
c
BY:t'1'
Peter D. O'Bryan, ChairmarU
ATTEST: Jeffrey R. Smith, C rk of Court and
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 Peter D. O 'Bryan 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.
WITNESS my hand and official seal in the County and State last aforesaid this 4th day
of March
A.D., 2014.
APPROVED AS TO LEGAL SUFFIC ]
3P /,W&" kal
�= Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
Stan Boling, AIC ,Director
Community Development Department
Notary Yubl>c
ot�.RY P�¢, TERRI COWNS-LISTER
MY COMMISSION i EE 012487
* * EXPIRES: October 30, 2014
of F1 00 B
anka nuu eud�t Notary Saviors
F:\Community Development\CurDev\RESOLUTION\2014 Resolutions\savannahDr2014-.doc 3
EXHIBITA
SURVEYOR'S NOTES:
I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL
PARTS THEREOF,
2.
BEARING
0
BASE
IS THE NORTH LINE
OF
.TRACT 'A'
BEARS.
N
89°39'12'E
FLORIDA
AND
ALL OTHER BEARINGS
C/)
ARE RELATIVE
THERETO:
SKETCH OF DESCRIPTION
NOT A BOUNDARY SURVEI'
LOT 2. BLOCK 50
WINDSOR PLAT 25 P.D.
N 89°39'12'E 175.00'
SCALE I"-30'
�P01NT OF
�' BEGINNING
a � NW CORNER TRACT 'A' v
00 TRACT "A" „ o
�A WINDSOR PLAT 25-P.D. tOa
_ m
m m
NW LOT I N 89°39'12-E 170.00'
TOGETHER WITH PORTION OF
y SAVANNAH DRIVE RIGHT OF WAY N
No COT I .. BLOCK 62 No
WINDSOR PLAT 25 P.D.
m m
S LINE N 47.21' LOT I
S 89°39'12'W 5.00' S 89°39'12"W 170.00'
.O AO
'N REMAINDER.OF NN
i� LOT I .. BLOCK 62 ��
'� WINDSOR PLAT 25 P.D. ��
m NOT INCLUDED �
N 89°39'12"E 170:00'
DESCRIPTION:
0
r
IN
RESPONSIBLE
D
Z
N
-
FLORIDA
O
WN
C/)
A
2
�?
OD.
TI
Z
.o
o
Z
�
�=
D
o
o
D
mr
G
�
D�
�m
m
LOT 2. BLOCK 50
WINDSOR PLAT 25 P.D.
N 89°39'12'E 175.00'
SCALE I"-30'
�P01NT OF
�' BEGINNING
a � NW CORNER TRACT 'A' v
00 TRACT "A" „ o
�A WINDSOR PLAT 25-P.D. tOa
_ m
m m
NW LOT I N 89°39'12-E 170.00'
TOGETHER WITH PORTION OF
y SAVANNAH DRIVE RIGHT OF WAY N
No COT I .. BLOCK 62 No
WINDSOR PLAT 25 P.D.
m m
S LINE N 47.21' LOT I
S 89°39'12'W 5.00' S 89°39'12"W 170.00'
.O AO
'N REMAINDER.OF NN
i� LOT I .. BLOCK 62 ��
'� WINDSOR PLAT 25 P.D. ��
m NOT INCLUDED �
N 89°39'12"E 170:00'
DESCRIPTION:
A PARCEL OF LAND LYING BEING A PORTION OF WINDSOR PLAT 25. ACCORDING
TO THE PLAT THEREOF. AS RECORDED IN PLAT .BOOK 17. PAGE 32. PUBLIC
RECORDS OF INDIAN RIVER COUNTY: FLORIDA. SAID PARCEL DESCRIBED AS
FOLLOWS:
TRACT 'A" AND THE NORTH 47.21 FEET OF LOT I. BLOCK 62:. OF THE
AFOREMENTIONED PLAT OF WINDSOR PLAT 25. TOGETHER WITH THE FOLLOWING
DESCRIBED PORTION OF. SAVANNAH DRIVE RIGHT OF WAY AS SHOWN ON SAID
PLAT OF WINDSOR PLAT.25:
BEGIN AT THE NORTHWEST CORNER OF SAID TRACT 'A": THENCE S 7 DEGREES
00 MINUTES 41 SECONDS EAST. ALONG THE EAST RIGHT OF WAY LINE OF
SAVANNAH DRIVE. A DISTANCE OF 43.08 FEET TO THE NORTHWEST CORNER OF
SAID LOT I. BLOCK 62. THENCE S OO DEGREES 20 MINUTES 48 SECONDS EAST.
STILL ALONG SAID EAST RIGHT OF WAY LINE AND THE WEST LINE OF SAID
LOT I. A DISTANCE OF 47.21 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTH 47.21 FEET OF SAID LOT I: THENCE 5.89 DEGREES 39 MINUTES
12 SECONDS WEST. ALONG THE WESTERLY PROLONGATION OF. SAID SOUTH LINE
OF THE NORTH 47.21 FEET OF -SAID LOT I. A DISTANCE OF 5.00 FEET:
THENCE N 00 DEGREES 20 MINUTES 48 SECONDS WEST. A DISTANCE OF 90.00
FEET. TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 343 SOUARE FEET. MORE OR LESS.
•DATE OF SURVEY: AUGUST 6. 2013
THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND
ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR
ANO MAPPER NAMED BELOW.
•SURVEYOR
AND
r
IN
RESPONSIBLE
D
Z
M_
�v
FLORIDA
WN
NUMBER LS 3909
D
�
W
mr
A PARCEL OF LAND LYING BEING A PORTION OF WINDSOR PLAT 25. ACCORDING
TO THE PLAT THEREOF. AS RECORDED IN PLAT .BOOK 17. PAGE 32. PUBLIC
RECORDS OF INDIAN RIVER COUNTY: FLORIDA. SAID PARCEL DESCRIBED AS
FOLLOWS:
TRACT 'A" AND THE NORTH 47.21 FEET OF LOT I. BLOCK 62:. OF THE
AFOREMENTIONED PLAT OF WINDSOR PLAT 25. TOGETHER WITH THE FOLLOWING
DESCRIBED PORTION OF. SAVANNAH DRIVE RIGHT OF WAY AS SHOWN ON SAID
PLAT OF WINDSOR PLAT.25:
BEGIN AT THE NORTHWEST CORNER OF SAID TRACT 'A": THENCE S 7 DEGREES
00 MINUTES 41 SECONDS EAST. ALONG THE EAST RIGHT OF WAY LINE OF
SAVANNAH DRIVE. A DISTANCE OF 43.08 FEET TO THE NORTHWEST CORNER OF
SAID LOT I. BLOCK 62. THENCE S OO DEGREES 20 MINUTES 48 SECONDS EAST.
STILL ALONG SAID EAST RIGHT OF WAY LINE AND THE WEST LINE OF SAID
LOT I. A DISTANCE OF 47.21 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTH 47.21 FEET OF SAID LOT I: THENCE 5.89 DEGREES 39 MINUTES
12 SECONDS WEST. ALONG THE WESTERLY PROLONGATION OF. SAID SOUTH LINE
OF THE NORTH 47.21 FEET OF -SAID LOT I. A DISTANCE OF 5.00 FEET:
THENCE N 00 DEGREES 20 MINUTES 48 SECONDS WEST. A DISTANCE OF 90.00
FEET. TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 343 SOUARE FEET. MORE OR LESS.
•DATE OF SURVEY: AUGUST 6. 2013
THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND
ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR
ANO MAPPER NAMED BELOW.
•SURVEYOR
AND
MAPPER
IN
RESPONSIBLE
CHARGE
DAVLD
M_
JONES.
FLORIDA
J.JCENSE
NUMBER LS 3909
DAVID.M. JONES
PROFESSIONAL. SURVEYOR Q MAPPER
2266 CORTEZ AVENUE
VERO BEACH. FL 32960
daridmjoneapempman.com
772)567-9875 (7721567-9172 FAX
13-058