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Home My WebLink About2012-024RESOLUTION 2012- 024 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A SEGMENT OF 133RD PLACE LYING ADJACENT TO AND SOUTH AND WEST OF LOTS 7 THROUGH 12, BLOCK 51 AS SHOWN ON THE PLAT OF THE TOWN OF WAUREGAN, RECORDED IN PLAT BOOK 1, PAGE 75, PUBLIC RECORDS OF B REVARD COUNTY, FLORIDA, REFILED IN PLAT BOOK 1, PAGES 178 AND 179 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AS DESCRIBED HEREIN, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. rc•-• 0m C z m A m 5 .TJ 0 z n 7 G • wZ mm a•�+m_ 2c _ Z W N n �DppGapL cnL Z m ^c�oc < Z m Z tstan = • m C c V7 zW� .a m Z j rrr G WHEREAS, on December 6, 2011, Indian River County received a duly executed and documented petition from Roy and Donna Woodall, on behalf of themselves and neighbors Sean DeCosta and Frank Catala, 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 segment of 133r11Place lying adjacent to and south and west of lots 7 through 12, block 51 as shown on the plat of the Town of Wauregan, recorded in Plat book 1, Page 75, Public Records of Brevard County, Florida, refiled in Plat Book 1, Pages 178 and 179 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 County and the public in and to that certain right-of-way segment more particularly described as follows: N ORTH PARCEL• A PORTION OF THE TOWN OF WAUREGAN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 75, PUBLIC RECORDS OF B REVARD COUNTY FLORIDA, RE -FILED IN PLAT BOOK 1, PAGES 178 AND 179, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AND BOUNDED AS FOLLOWS BOUNDED ON THE NORTHWEST BY THE SOUTHWESTERLY PROJECTION OF THE NORTHWESTERLY LINE OF LOT 12, BLOCK 51 OF SAID TOWN OF WAUREGAN SAID LINE ALSO BEING THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF MAPLE STREET; BOUNDED ON THE SOUTHEAST B Y THE SOUTHWESTERLY PROJECTION OF THE SOUTHEASTERLY LINE OF F:ACommunity Development\Users\CurDevARESOLUTION\2012 ResolutionsV133rd Place 2012- .doe 1 RESOLUTION 2012- 024 LOT 11, BLOCK 51 OF SAID TOWN OF WAUREGAN; BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY LINE OF LOTS 11 AND 12, BLOCK 51, OF SAID TOWN OF WAUREGAN; AND BOUNDED ON THE SOUTHWEST BY THE NORTHEASTERLY RIGHT-OF- WAY LINE OF THE FLORIDA EAST COAST RAILROAD AND THE SOUTHEASTERLY EXTENSION OF THE SOUTHWESTERLY RIGHT-OF-WAY L INE OF MANATEE AVENUE. MIDDLE PARCEL: A PORTION OF THE TOWN OF WAUREGAN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 75, PUBLIC RECORDS OF B REVARD COUNTY, FLORIDA; RE -FILED IN PLAT BOOK 1, PAGES 178 AND 179, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND N OW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AND BOUNDED AS FOLLOWS BOUNDED ON THE NORTHWEST BY THE SOUTHWESTERLY PROJECTION OF THE NORTHWESTERLY LINE OF LOT 10, BLOCK 51 OF SAID TOWN OF WAUREGAN; BOUNDED ON THE SOUTHEAST BY THE SOUTHWESTERLY PROJECTION OF THE SOUTHEASTERLY LINE OF LOT 9, B LOCK 51 OF SAID TOWN OF WAUREGAN; BOUNDED ON THE NORTHEAST B Y THE SOUTHWESTERLY LINE OF LOTS 9 AND 10, BLOCK 51, OF SAID TOWN OF WAUREGAN AND BOUNDED ON THE SOUTHWEST BY THE N ORTHEASTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD LESS AND EXCEPT THEREFROM ANY PORTION THEREOF LYING SOUTHWESTERLY OF THE SOUTHEASTERLY PROJECTION OF THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF MANATEE AVENUE. SOUTH PARCEL A PORTION OF THE TOWN OF WAUREGAN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 75, PUBLIC RECORDS OF B REVARD COUNTY FLORIDA, RE -FILED IN PLAT BOOK 1, PAGES 178 AND 179, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AND BOUNDED AS FOLLOWS BOUNDED ON THE NORTHWEST BY THE SOUTHWESTERLY PROJECTION OF THE NORTHWESTERLY LINE OF LOT 8 BLOCK 51 OF SAID TOWN OF WAUREGAN; BOUNDED ON THE SOUTHEAST BY THE SOUTHWESTERLY PROJECTION OF THE SOUTHEASTERLY LINE OF LOT 7, B LOCK 51 OF SAID TOWN OF WAUREGAN, SAID LINE ALSO BEING THE N ORTHWESTERLY RIGHT-OF-WAY LINE OF BEECH STREET; BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY LINE OF LOTS 7 AND 8, BLOCK 51 OF SAID TOWN OF WAUREGAN; AND BOUNDED ON THE SOUTHWEST BY THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD. Lying in Indian River County, Florida. P:ACommunity DevelopnicntAUsers\CurDevARESOLUTION\2012 Resolutions\133rd Place 2012- .doc 2 RESOLUTION 2012- 024 is hereby forever closed, abandoned, renounced, disclaimed, and vacated, except that the entire right-of-way be retained as a utility and drainage easement. 2. The closing, vacation, and abandonment of this public 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 subject right-of-way for 133rd Place shall revert to the adjacent platted lots. The foregoing resolution was offered by Commissioner Davis who moved its adoption. The motion was seconded by Commissioner Flescher ,anduponbeingput 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 Aye Aye Aye Aye Aye �rrrrrA The Chairman thereupon declared the respAti sgµ etssed and adopted this 20th day of March 2012 :^O��'��. • 09 BO SRL OF COUNTY COMMISSIONERS RIVER COUNTY, FLORIDA *: ATTEST: Jeffrey K. Barton County of Indian Riveh �•., BY: �. l� P.c1 Deputy Clerk Gary Wheeler, Chainiian Boars of County Commissioners 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 Leona Alien 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:ACommunity DevelopmentAUsers\CurDevARESOLUTION\2012 Resolutions\133rd Place 2012- .doe 3 RESOLUTION 2012- 0 2 4 WITNESS my hand and official seal in the County and State last aforesaid this a day of ICtrch , A.D., 2012. APPROVED AS TO LEGAL S\JFF IENCY /I 1 Alan S. Polackwich, Sr., County Attorney y; APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, AICP, 1 rector Community Development Departm atetilnu Notary Public 14,0 Pi* • / TERRI COLLINS LISTER 3 MY COMMISSION # EE 012487 EXPIRES October 30, 2014 l97FOF Fte dr Bonded Thru Budget Notary Services P:ACommunity Development\Users\CurDcvARESOLUTION \2012 Resolutions\133rd Place 2012- .doc 4 `1 �• ity4J1/42' n• ` 44% ` te O 4)eTh/1a�i 1 -1 9%croJ i *-414, ,' ) /' 5' / i h1 • 0' 150/ 11.43/1 1\0' h' 47. /// / OG`(- iA, i 0� JO, 9• Legend: (P.A.M.)=PROPERTY APPRAISERS MAP O.R.B.=OFFICIAL RECORDS 800K R/W-RIGHT OF WAY (P)=DIMENSION PER PLAT N. 51 i h1 GRAPHIC SCALE 0 25 50 100 (IN FEET) 1 inch = 50 feet Notes: Id> ,(32" % srfr L1 P4, sac dsq 10 1. THIS IS NOT A SURVEY. 2. Reproductions of this sketch are not valid unless it bears the signoture and original raised seal of a Florida licensed Surveyor & Mapper. 3. Dimensions shown hereon are approximate as scaled from Indian River County Property Appraisers Map of Fleming Grant Section 21, NE 1/4. Description A portion of the TOWN OF WAUREGAN, according to the Plat thereof as recorded in Plat Book 1 Page 75 Public Records of Brevard County Florida; re—filed in Plat Book 1 Pages 178 and 179, of the Public Records of St. Lucie County, Florida, said land now Tying and being in Indian River County, Florida, said portion being more particularly described and bounded as follows: Bounded on the Northwest by the Southwesterly projection of the Northwesterly line of Lot 8 Block 51 of said TOWN OF WAUREGAN; Bounded on the Southeast by the Southwesterly projection of the Southeasterly line of Lot 7 Block 51 of said TOWN OF WAUREGAN, said line also being the Northwesterly right—of—way line of Beech Street; Bounded on the Northeast by the the Southwesterly line of Lots 7 and 8, Block 51, of said TOWN OF WAUREGAN; And bounded on the Southwest by the Northeasterly right—of—way line of the Florida East Coast Railroad. SKETCH OF DESCRIPTION - NOT A SURVEY REVISED PER COMMENTS — 2/21/12 William B. Zentz & Associates, Inc. Professional SurYieylg&Mepphg CERI1FCATE OF AUTHORIZATION (LB) No. 8840 684 Old Dixie Highway Vero Beach, FI 32962 Phone: (772) 567-7552 Fax : (772) 567-1751 WILIJAM a REGISTERED IANO SURVEYOR No. 5276 STATE OF FLORIDA JOB No. 201-039 DATE 2/14/12 SHEET OF So" CO co 9 4'J ee • • • Legend: (P.A.M.)=PROPERTY APPRAISERS MAP O.R.B.=OFFlCIAL RECORDS BOOK R/W=RIGHT OF WAY (P)=DIMENSION PER PLAT 004 N0• 01 V h, 00. 9• • 0\ Rc AZ -41 GRAPHIC SCALE 0 25 50 100 (IN FEET) 1 inch = 50 feet Notes: 1. THIS IS NOT A SURVEY. 2. Reproductions of this sketch are not valid unless it bears the signature and original raised seal of a Florida licensed Surveyor & Mapper. 3. Dimensions shown hereon are approximate as scaled from Indian River County Property Appraisers Map of Fleming Grant Section 21, NE 1/4. Fqs 70. Co 4 IP 4,. 'oJ • Description 01 004 1• 4eC• 1S to G• et 0 'i' 1� A portion of the TOWN OF WAUREGAN, according to the Plot thereof as recorded in Plat Book 1, Page 75 Public Records of Brevard County Florida; re—filed in Plat Book 1 Pages 178 and 179, of the Public Records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida, said portion being more particularly described and bounded as follows: Bounded on the Northwest by the Southwesterly projection of the Northwesterly line of Lot 10, Block 51 of said TOWN OF WAUREGAN Bounded on the Southeast by the Southwesterly projection of the Southeasterly line of Lot 9 Block 51 of said TOWN OF WAUREGAN; Bounded on the Northeast by the the Southwesterly line of Lots 9 and 10, Block 51, of said TOWN OF WAUREGAN; And bounded on the Southwest by the Northeasterly right—of—way line of the Florida East Coast Railroad. LESS AND EXCEPT therefrom any portion thereof lying Southwesterly of the Southeasterly projection of the Southwesterly right—of—way line of Manatee Avenue. SKETCH OF DESCRIPTION - NOT A SURVEY REVISED PER COMMENTS — 2/21/12 William B. Zentz & Associates, Inc. Professional S'urveyilg&Mappilg CERTIFICATE OF AUMORIZAT)ON (LB) No. 6810 684 Old Dixie Highway Vero Beach, Fl 32962 Phone: (772) 567-7552 Fax : (772) 567-1751 12-‘1z(ZjjI2 rrr IWL.L.AM & Z S!p P15 R£STAIEOFOGS1EREDarr SURVEYOR No. 5276 JOB No. 201-039 DATE 2/14/12 SHEET OF 1 1 • $. i r4 h1 �0 h1 $:�' 4�00t Legend: (P.A.M.)=PROPERTY APPRAISERS MAP O.R.B -OFFICIAL RECORDS BOOK R/W=RIGHT OF WAY (P)=DIMENSION PER PLAT GRAPHIC SCALE 25 50 1I0 (IN FEET) 1 inch = 50 feet Notes: F 'o, loos "el* GtiF 9s ,x c roJ gip roJ 43/ 0K 9• 0� 0• 0,90 1. THIS IS NOT A SURVEY. 2. Reproductions of this sketch are not valid unless it bears the signature and original raised seal of a Florida licensed Surveyor & Mapper. 3. Dimensions shown hereon are approximate as scaled from Indian River County Property Appraisers Map of Fleming Grant Section 21, NE 1/4. Description 4, h\ • 'k1. 1 5 \,0 004 4`' A portion of the TOWN OF WAUREGAN, according to the Plot thereof as recorded in Plat Book 1 Page 75 Public Records of Brevard County Florida; re—filed in Plat Book 1, Pages 178 and 179, of the Public Records of St. Lucie County, Honda, said land now lying and being in Indian River County, Florida, said portion being more particularly described and bounded as follows: Bounded on the Northwest by the Southwesterly projection of the Northwesterly line of Lot 12, Block 51 of said TOWN OF WAUREGAN said line also being the Southeasterly right—of—way line line of Maple Street, Bounded on the Southeast by the Southwesterly projection of the Southeasterly line of Lot 11, Block 51 of said TOWN OF WAUREGAN; Bounded on the Northeast by the the Southwesterly line of Lots 11 and 12, Block 51, of said TOWN OF WAUREGAN; And bounded on the Southwest by the Northeasterly right—of—way line of the Florida East Coast Railroad and the Southeasterly extension of the Southwesterly right—of—way line of Manatee Avenue. SKETCH OF DESCRIPTION - NOT A SURVEY REVISED PER COMMENTS — 2/21/12 William B. Zentz & Associates, Inc. Professional .Stnty*g&Meppi g CERTIFICATE OF AUTHORIZATION (Is) No. 6840 684 Old Dixie Highway Vero Beach, FI 32962 Phone: (772) 567-7552 Fax : (772) 567-1751 JOD No. 201-039 LATE 2/14/12 SHEET OF 1 1