The URL can be used to link to this page

Home My WebLink About2008-141RESOLUTION 2008- 141 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF THE SEGMENT OF 107" COURT THAT LIES BETWEEN 94TH STREET AND CR 512 IN VERO LAKE ESTATES, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on May 28, 2008, Indian River County received a duly executed and documented petition from Chris Blurton of Alliance Holding, LLC, 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 the portion of a segment of 107th Court that lies between 94t1i Street and CR 512 in Vero Lake Estates, said lands now lying and being in Indian River County, Florida; and J 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, is not part of a 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 COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: All right, title and interest of the County and the public in and to that certain rights-of-way more particularly described as follows: BEING A PORTION OF 107TH COURT (A 60 FOOT RIGHT OF WAY) AS SHOWN 2. The closing, vacation, abandonment, 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) F:\Community Development\Users\CurDev\RESOLUTION\2008 Resolutions\Racetrac 107th ROWA 2008-Af 1 VERO BEACH ESTATES UNIT NO. 4, ACCORDING TO THE PLAT THEREOF 0 :DON o RECORDED IN PLAT BOOK 6, PAGE 31 OF THE PUBLIC RECORDS OF W AS U- INDIAN RIVER COUNTY, FLORIDA. BOUNDEDAS FOLLOWS, ON THE NORTH Z U- � p, Y o BY THE SOUTH RIGHT OF WAY OF FELLSMERE ROAD (S.R. 512) AS SHOWN _ Ca m Z - of W ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 88081-2403, aa o 2WU0-a Z ' SHEET 10 OF 11. ON THE EAST BY THE EAST RIGHT OF WAY LINE OF 107TH zF u, o ° COURT (A 60 FOOT RIGHT OF WAY); ON THE SOUTH BY THE NORTH RIGHT 2 Z ii ' w m OF WAY LINE OF 94TH STREET (A 60 FOOT RIGHT OF WAY); ON THE WEST BY D o a ° ; THE WEST RIGHT OF WAY LINE OF 107TH COURT (A 60 FOOT RIGHT OF WAY). o Z � af CONTAINING 31161.18 SQUARE FEET OR 0.715 ACRES MORE OR LESS. WU-YO HXOm — W - Lying in Indian River County, Florida. is hereby forever closed, abandoned, and vacated. (see Exhibit "A", attached) 2. The closing, vacation, abandonment, 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) F:\Community Development\Users\CurDev\RESOLUTION\2008 Resolutions\Racetrac 107th ROWA 2008-Af 1 RESOLUTION 2008-141 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 right-of-way shall revert to the adjacent property on both sides of the right-of-way. The foregoing resolution was offered by Commissioner Wesley S. Davis who moved its adoption. The motion was seconded by Commissioner Peter D. 0' Bryan , and upon being put to a vote, the vote was as follows: Chairman Sandra L. Bowden Aye Vice Chairman Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye . Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted fhs, r, _16th day of September , 2008. ATTEST: Jeffrey K. Barton iepy unt than River BY: tClerk BOARD OF COUNTY COMMISSIONERS B DYE FLORIDA A Sandra L` Bowden, Chairman Board of County Commissioners *Wesley S. Davis, Vice -Chairman I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared Wes] ey S. Davi s , and Maureen tl Wb as Vice -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 _16_tb day of September , A.D., 2008. otary Pub is tsar P�, E.M. CASW * • • , MY COMMISSION #t DD 702283 EXPIRES: August 6, 2011 �J9rFOF FL'.'41 Bolded Thru Budget "ry Senkes F:\Community Development\Users\CurDev\RESOLUTION\2008 Resolutions\Racetrac 107th ROWA 2008-.rtf 2 RESOLUTION 2008-141 APPROVED AS TO LEGAL SUFFICIENCY BY: L4� William G. Collins, County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, AICP, D' ector Community Development Division FACommunity Development\Users\CurDev\RESOLUTION\2008 Resolutions\Racetrac 107th ROWA 2008-Af 3 LEGAL DESCRIPTION FOR RIGHT OF WAY ABANDONMENT ZZ -64Z- OZ-50RIPROW- 107th COURT (A 60 FOOT RIGHT OF WA Y) AS SHOWN ON i;' E57,4 TE5 UNIT NO. 4, ACCORDING TO THE PLAT THEREOF AS --r-) 1Vvl PLAT BOOK 6, PACE Jil OF THE PUBLIC RECORDS OF //VD/AA/ RIVER FLOP/Z)A, HOUNDF0 AS FOLLOWS, ON THE NORTH HK THE SOUTH RIGHT -')C 'lLISME AE ROAD 512) AS SHOWN ON FLORIDA DEPARTMENT OF MAP SECTION 88087-240J, 0 OF 1SHEET I T A6, -OR 7X', ";j 1; ON THE fA Es HK f -',5,T RIL','ill-1 OF WAY LINE OF 107M COURT (/- 60 FOOT RIGHT OF W - Y),- ON IVORTI-i RIGHT OF WAY ///VE- OF 94,1h STFEF7- (A 60 FOOT RIGHT OF WAK'; ON THE WEST -BY TIL,/E WEST RIGHT OF WAY UNE OF 107th OLJ/7,7 64 66 FOOT RIGHT OF VIA Y). 'ON7"/N/A/,-. MORE OF LESS. - I L; - 3115 1 � 15 SQUARE FEET OR 0. 7,5 ACRES IVO L NOTES: 'T' -',4 0/c LEGAL DESCRIPTIONL)O-,�T NOT RFPRE5Z-1VT , 7/10A/ AIION67 P-1.751ZITI-1 /?/CHT OF W-1)" ZIIVO,/c 7 rIX' 11V,-ORI-V'4�101V WAS PI?O�Y, 5Y ' A-I'Lc1-- 0 — , ;�' TRAC OZ7-1? LZ-UU //VC SURVEYORS CSRT1F16A'T1(91V- 6'Z-T7-11--Y 7-H4T TH,17- "SKETCH TO ACCOMPANY LZ-rAZ 0Z'-5fR110T1OA1" UNDER VY A&D Mt -Z-75 7 -HZ- M11VIMVY 5TANDAR,05 AS SET FORFI-1 HY 7I1z.- IZORIZ)A BOARD OF PROf=SIONAZ AND "', S 1p YOBS 5 A MAPPERS // V CHAPTER 61G17--6, FL ORIO, 4, STATUTES TA7 /T 'S TRUE AND CORRECT TO THF 3ZS7 OF M)/ KNOWLEDGE AIV! WITHOUT THE SIGNATURE A10 TH-,,� ORJGINA! RA/Sc G' SEAz ,-F A' SURVZ-)Y,OR A1VD IVAPPER. Z-AIIZ) T - ' )F 1,7Z NOT VALID W THOU T SHEET 2 OF 2 BL 0 OkYTER PROFESSIONAL LAND SURVEYORS INC. R&MA L,6,,L& j, 791 NORTHEAST DIXIE HIGHWAY JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0868 r"SKETCH TO ACCOMPANY LEGAL DESFRUip—T-1077" PREPARED FOR, RACEMAC PEWOLEU, INC S1 7F LOCA TED: STA 7F ROAD 512 & 106th A VENUE FELLSMERL, INDIAN RIVER COUNTY FLORIDA A EXHI NOP7b LINE OF S_'114 OF SF114 OF S,107701V 20-3I-38 AS PER fDC)T MAP St(,,TIOAt 88081-240T 'SHm- lo OF 11) f ELLSMERE ROAD (STA T ROAD 512) ORIUI'NAr' PLA, '_Tc FOR BLOCK ORIGINAL PLATTED L 0 T LINES FOR BLOCK 'C' SOU7?,' 1R16;HT 0,- VIA LINE S PER FDOT MAPS C770N 8808 -2403 (SHEET 10 LOT 12 LOT lw LOT I A(86:JJ'1j'pE LOT 1 60.04 FDOT — FLORIDA DEPARTMENTl 01- 7RAm-sloRTA noov LOT 12 LOT IJ Q1 R1'W — RICH T OF WAY I P6 = PLAT r 8ocK I c Q) BLOCK 'D' LOT 11 LOT 2 LOT 10 LOT 9 LOT 8 PC - PACE (P) - PLAT BL tA7- & OCK 'c LOT 11 LOT 2 LOT 7 LOT 6 R=25-00'L=*.25'D-8957'00--_," 110.00, LOT 7 LOT 6 R=25.00' L=39. 9' 0=90 *OJ'00' o N89 30'23"W NOI?TH RIW LINE Of 94,,h CfN7tRL1tvE OF 94th S7RE� 7' (6C' RIW,, SKETCH OF DESCRIPTION _T BLOOMSTER PROFESSIONAL LAND FOR SURVEYORS, INC. FLORIDA ". i eM8 RIGHT OF WAY ABANDONMENT 791 NORTHEAST DIXIE HIGHWAY SHEET 2 OF 2 (Afor TO SCALE) JENSEN BEACH, FLORIDA 34957 NOT VALID WTHOUT SHEET I OF 2 PHONE 772-334-0868 ,EXHIBIT "A LOT J Z-5 'e LOT 10 LOT J N Az N cvl LOT 4LOT 9 Q) LOT 4 LOT 5 aR' LOT 8 LOT 5 LOT 7 LOT 6 R=25-00'L=*.25'D-8957'00--_," 110.00, LOT 7 LOT 6 R=25.00' L=39. 9' 0=90 *OJ'00' o N89 30'23"W NOI?TH RIW LINE Of 94,,h CfN7tRL1tvE OF 94th S7RE� 7' (6C' RIW,, SKETCH OF DESCRIPTION _T BLOOMSTER PROFESSIONAL LAND FOR SURVEYORS, INC. FLORIDA ". i eM8 RIGHT OF WAY ABANDONMENT 791 NORTHEAST DIXIE HIGHWAY SHEET 2 OF 2 (Afor TO SCALE) JENSEN BEACH, FLORIDA 34957 NOT VALID WTHOUT SHEET I OF 2 PHONE 772-334-0868 ,EXHIBIT "A