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Home My WebLink About1999-041D RESOLUTION NO. 99- 41 IN THE RECORDS or JEFFREY K. BARTON CLERK CIRCUIT COURT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONLW6MBWIRA RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF LATERAL BOULEVARD AS SHOWN ON THE REPLAT OF TRACTS 1728 AND 1765 OF THE FELLSMERE FARMS COMPANY AND RESERVING A 15' WIDE DRAINAGE AND UTILITY EASEMENT OVER A PORTION OF THE ABANDONED RIGHT-OF-WAY SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA MONO WHEREAS, on May 18, 1998 Indian River County received a duly executed and documented petition from Brian K. Davis of Vero Beach, Florida, 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 Lateral Boulevard as shown on the replat of tracts 1728 and 1765, said lands lying in Indian River County, Florida; and . 11) c— N cn 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 • en necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and 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 being known more particularly as: MAMAS, SWel SEE EXHIBIT "A" DEEDS .`) O NOTES Lying in Indian River County, Florida. AMON. K NW*, `)INDIAN RIVER COUNTY is hereby forever closed, abandoned, vacated, discontinued, renounce and disclaimed, except for a 15' wide drainage and utility easement which is hereby reserved over the east 15' of the entire abandoned right-of-way. 2. The closing, vacation, abandonment, discontinuance and disclaimer of this public right-of- way is in the best interests of the public. 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. =z) tV 5. Said right-of-way shall be returned in its entirety to tracts 1728 and 1765 Fellsmere Farms CX) -U G7 The foregoing resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner 01 nn , and upon being put to a vote, the vote was as follows: cls Company. 1 AITFE Chairman Kenneth R. Macht Vice - Chairman Fran B. Adams Commissioner Caroline D. Ginn Commissioner Ruth Stanbridge Commissioner John W. Tippin Ay e Aye Aye Aye Aye The Chainnan thereupon declared the resolution duly passed and adopted this 4 day of May , 1999. 1'1 ' Jeffrey`K. Barton, Clerk to of Florida` County of Indian River BOARD OF COUNTY COMMISSIONERS INDIAN ER COUNT. FLORIDA BY: Kenneth R. Macht, Chairman Board 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 PATRICIA M. RI DCELY , 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 if day of , A.D., 1999. APPROVED AS TO LEGAL SUFFICIENCY Notary Public 'NNNNMNW),WNNNNINNNNNN! rr�_ Alice B. White �j f Notary public, State of Florida BY: "`/ — < �y Commission No. C0761182i of nMy Comminico er p. 08/13/2060 ; WO -NOTARY • rya Nobly* Me* t tlydY{Co. SrYAYM rift AYAYAVIA YfYfH14YYfYflYf M William G. Collins, Deputy County Attorney APPROVED AS TO PLANNING MATTERS BY: flk Robert M. Keating, AI , Director Community Development Division u\d\b\davis.res 2 5 0 O. S n 3 Nxo' N R 1 0 0 O 0 C;13 N N. O A D A i0 .' *?Dr«0ooM :"i CT Fp.- .•«N aOy 0- n •5 *.0-.O Y .r«"Ti CD f :9'-r 5i.„, � Zi.0 O0•�op c _ s s3 3 0.tn0'?No a 0 CD m o •'^y l - �� 3'O•• C O p CDD r•. 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FILE: PARKLAT.DWG Plotted 3-12-99ROAD 8c DITCH # 16 N 89' 18'53" W 0 1 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 a 1\i(-6 U in the matter of 'r-)<(( N eL((N1Y\a '\ c )Ll k—v \}\ in the Court, was pub - fished in said newspaper in the issues of ftQ 111, 1 °4 (t 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 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 adm$seeient for publication in said newspaper. o a'Q Worn to and sObsdribed before me this k it day ofD 19 (i MY COMMISSION EXPIRES• : JAMUA.jI 01, 7001 : (President) 0 : COMM. H0. U611093• , T r .� '.•s' , RH MAL /) ST�orOc`�~ Notary Public, State ofFlorida ' My Commission Exp. Jan. 01, 2001 Gomm. No. CC 6110933 Personally Known V►'or Produced ID U Type of ID Produced NOTICE OF PUBLIC HEARING Notice of hearing to confider of petition for. the closing; • abandon ment, and vacationof all af Lateral Boulevard In Tracts;. 1728 and: 1765 In Ulmer* Forms Plat Lying; and Being In Indian River County. Lying and being In' Indian Rivet County, Florida more particularly described as follows Lateral Boulevard, as shown on the': reptot of Tracts 1726 and 1765 of. Felismere Farms Company; being _a reptot of Fellimere Gables, lying between the South line of Road. and Ditch No. 16 and the North' erly'; fine`• of C.R. 512, further:. described os follows: The West 55.5 feet of the East 230.5 feet of Tracts 1728 and 1765 of the Fellsmere Farms :Subdi- vision of all unsurveyed port of Township 31 South, Range 37 East, according to the plat filed in Plat Book 2, Pages 1 and 2 of the Pub.. lic Records of St. Lucie County, Florida, lying between Road. and Ditch No. 16 on the North, and the Northerlyline of C.R. 512 on the South. Now lying In Indian River County, Florida. A public hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida in the County Commission Chambers of the County Adminis• trotion building, located at 1840 25th Street, Vero Beach, Florida, .on Tuesday, May 4, 1999 at 9;05 am. Anyone who may 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 upon which the appeal will be based. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Indian River County Board of County Commissioners Bys•Kenneth R. Macht, Chairman April 14, 1999 1676337r C oomoo CD 0 co 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 a 1 In the matter of r , L' in the Court, was pub- lished in said newspaper in the issues of Y I 51 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 affiant further says that he has neither pald 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. 4o5Ittjpub,scribed before me this day of r__ �1 D 19 4/g MY COMMISSION CXPIPES * JANUARY 01, 2001 : ?' COMM. NO. CC611013 SEAL •' o� HONDA STANG Notary Public, State of Florida My Commission Exp. Jan. 01, 2001 Comm. No. CC 61109/ Personally Known Lor Produced ID 0 Type of ID Produced NOTICE,OF ABANDONMENT Notice` is hereby gtvien t lat Rssolit tion 99;41 was adopted Moy-4th. 1999 by tit. Bq` drd of County Commiulonas of:' Indian Rivet County;'• plorida,- eiesing wxating 'enc abandoning' all' of Lateral Boulevard as described' In the -obove•ieferenced resolution ;with certain rights reserved by the 0,41114. Indian River County ,y; h. = Board of _ County Commissions ;, By. s -Kenneth R. Maeht, Chairman .,tiay'JJ, 1999 1694002r 807