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HomeMy WebLinkAbout1999-124DOCUMENTARY SIAMPS /o 5/ DEED S . o �$ M T� �oo�s ate / JEFFREY K BARTON NOTE $ em" JEFFRFY K. PAPT" rt IRK INDIAN RNER 00, Ftl► RESOLUTION NO. 99- 124 INDIAN RIVlac GmiNIY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF THE PORTION _ OF AZALEA LANE LYING WEST OF FRANGIPANI DRIVE BETWEEN LOT 9, BLOCK C AND LOT 1, BLOCK D, UNIT 1 OCEANAIRE HEIGHTS `1 SUBDIVISION RESERVING THE ENTIRE RIGHT-OF-WAY AS A DRAINAGE AND UTILITY EASEMENT, SAID LAND LYING IN INDIAN RIVER COUNTY, �o GD FLORIDA ON All of Azalea Lane lying west of the west right-of-way of Frangipani Drive according to the plat of Oceanaire Heights, Unit 1, recorded in Plat Book 3, Page 84 of the public records of Indian River County. -- W Lying in Indian River County, Florida. -o C is hereby forever closed, abandoned, vacated, except that a drainage and utility easement is N expressly reserved over the entire right-of-way. (see Exhibit "A", attached) %.0 fT 2. The closing, vacation, abandonment, of this public right-of-way is in the best interests of the public. u\ftbsn\uWc&.rcs WHEREAS, on March 8, 1999 Indian River County received a duly executed and documented petition from Jeanne Haggas and Klasina Glerum of Florida, requesting that the County a close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of Azalea Lane west of Frangipani Drive between Lot 9, Block C, and Lot 1, Block D, Unit 1 in the Oceanaire Heights subdivision, said lands lying in 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 right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way ' necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY V 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 being known more particularly as: All of Azalea Lane lying west of the west right-of-way of Frangipani Drive according to the plat of Oceanaire Heights, Unit 1, recorded in Plat Book 3, Page 84 of the public records of Indian River County. -- W Lying in Indian River County, Florida. -o C is hereby forever closed, abandoned, vacated, except that a drainage and utility easement is N expressly reserved over the entire right-of-way. (see Exhibit "A", attached) %.0 fT 2. The closing, vacation, abandonment, of this public right-of-way is in the best interests of the public. u\ftbsn\uWc&.rcs 3. Notice of the adopting of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof, and 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. The foregoing resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner T i p p i n , and upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht A y P Vice -Chairman Fran Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Ruth Stanbridge A V tz— Commissioner John Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 16 t h day of November '1999. ATT ��►NE;En.Je�t?ey KsBarton r�; .'foty o findian '.;tom• r �5.�. lerk BOARD OF LINTY COM ISSIONERS INDIA ER O Y, F RIDA BY: OM 7K nneth R. Macht, Chairman oard 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 Kenneth R. Macht , and PAT R I C ► A " P J" JONES 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. u%d\*M%nrskarcs 2 c� W Co 00 c� fV 0 WITNESS my hand and official seal in the County and State last aforesaid this 16th day of November , A.D., 1999. APPROVED AS TO LEGAL SUFFICIENCY BY: V—Zf William G. Collins, Deputy County Attorney APPROVED AS TO PLANNING MATTERS BY Ro rt M. eating, AICP, Direct r Community Development Divisi n Notary Publ c Kimberly E. Massung ;.. .: MY COMMISSION N CC855436 EXPIRES July 15, 2003 BONDED THRUTROYFAININSURAKE INC uW4bwNwAeams 3 d S c o O N '`I S Ay j700 <'D N0U) O A 0 F^D p c 3 tnS^O � 7tDN N N 7• O D N c N N S < O 7n O A0 U, or 1O U�g� '0 O o Z �• 3n a � � n� �n- _ . co rnco ° 3 A vO N-< O Ln N0 o,^ Q _ Q. 3'N• W I_n'; m a e o ° 0<I am a ° 1 0 O' Co N CO N f1 N•O CLO 0 _n �' r O N Arc nWi c n 2 rn a 7� 0 foo ,71 -3 �N O. v0 0 ^a Ona C O 'o _ S O O 0 -n °M O aN .a R rn a 0 n O O m Dm ° O CL CA 0 +� o 0 a rn N _ O n i � c�m _ < o. A S a n Vf ON O �c 1 O V O D W Z 1 30 rn .� c ci zA C)a Q FRANGIPANI DRIVE ACRD DWG. FILE: AZALEA.DWC PlotteO 10-5-99 iEXHIBIT _„A” a PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he Is President of the Press -Journal, a daily newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being In the matter of In the Court, was pub- Bshed In said newspaper in the Issues of �-n of yn L,_h j 9 1�— Afflant further says that the said Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. Way to and subscribed before me thi dar0fi D. 19� ,;, nr.,•,.: ( res nt) (SEAL) hlotary Public. Stale of Florida My Commission Exp. Jan 01, 2001 Comm. No. CC 611093 Personally Known MtTrProdueed ID U Type of 10 Produced NOTICE OF ABANDONMENT, Notice Is hereby given that Resolu• tion'99.124 was adopted Noveei•.. ber 1 G,1999 by ", the Board' of County Commissioners' of. Indian River County, Florldo, closing, vacating and abandoning a ,por- tion of Azalea Cane as dewilsi in the above referenced_ resolution, with certain rights reserved by the County. Indian River County. Board of County Commissioners By.s Kenneth R. Macht, Chairman AIM, 1999 1901291 r r, $07 PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who oath says that he is President of the Press,loumal, a daily newspaper published at Vero Beacohn in Indian River County, Florida; that the attached copy of advertisement, being In the matter of In the Court, was pub.. fished in said newspaper in the issues of ;;L _�2 Affiant further says that the said Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refunLthn ose of securing this advertisement for publication in said newspaper. Subscribed before me this�7day oD. 19— 9 We ikis MY (061MISSiON EXPIRES : IN sident) JANUARY 01, 2001 j :• COMM. N0. ((611093 ; -- _ RHONDA � ; rr tary Public, State of Florid;, (SEAL) �o ; My Commission Exp. Jan ( r o&..• ... Q), Gmm.No.CC6t1 ��IC,STP�� fersonaltyKnown El orFroaua,_r Type Of ID Produced NOTICE OF PUBLIC HEARING, Notice of hearing to consider d petition for the closing, abandon! ment, and vacation of the portion of Azalea Lane lying west of,Frasy gipani Drive according the plat of Oceanaire Heights subdivision, unit one, recorded in Plat Book 3, Page 84 of the public records -of lndidn River County, Florida. Lying and being In Indian Rivet County, Florida, more porticulariRl described as follows: The subject property is described as: All of Azalea Lane lying West of the West right-of-way of Frongll. Pont Drive according to the plot of Oceanaire Heights, Unit One; recorded in Plat Book 3, Pane e4 of the Public Records of Indian River County, Florida. Subject to a drainage and utility easement over the entire width. Now lying in Indian River County. A, public hearing at which parties In interest and citizens shall have an opportunity to be beard, will be held by the Board of County Com- missioners of Indian River County, Florida in the County Commission Chambers of the County Adminis- tration Building, located at 1840 25th Street, Vero Beach, Florida, on Tuesday, November 16, 1999 at 9;05 am. Anyone who way wish -to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the pro• ceedings is made which includes the testimony and evidence upor 'which the appeal will be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -Kenneth R. Macht, •' Chairman October 27, 1999 1784401 so?