HomeMy WebLinkAbout2009-127RESOLUTION 2009- 127
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF A RIGHT-OF-WAY
PROJECTION LYING WEST OF OLD DIXIE HIGHWAY JUST NORTH OF 8T"
STREET, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on September 2, 2008, hidian River County received a duly executed and
documented petition from Indian River County, 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
right-of-way projection lying west of Old Dixie Highway just north of 8d' Street, 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, staff
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
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
All right, title and interest of the County and the public in and to that certain right-of-way more
particularly described as follows:
LEGAL DESCRIPTION: PARCEL 2B (OLD DIXIE HIGHWAY RIGHT OF WAY
ABANDONMENT)
A PORTION OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK
1794, PAGE 1505, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; SAID LAND LYING IN SECTION 12, TOWNSHIP 33 SOUTH,
RANGE 39 EAST; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12;
THENCE RUN S89041'23"E, ALONG THE SOUTH LINE OF SAID SECTION 12,
A DISTANCE OF 1884.34 FEET; THENCE DEPARTING SAID SOUTH LINE
RUN N00° 10'36"E, PARALLEL WITH THE WEST LINE OF SAID SECTION 12,
A DISTANCE OF 40.00 FEET TO THE POINT OF INTERSECTION OF A
CURVE CONCAVE NORTHWESTERLY PER OFFICIAL RECORDS BOOK 67,
PAGE 308; THENCE RUN N18°52'02"W, ALONG THE TANGENT OF SAID
CURVE, A DISTANCE OF 35.16 FEET TO THE POINT OF TANGENT, SAID
POINT ALSO LYING ON THE WESTERLY RIGHT OF WAY LINE OF OLD
DIXIE HIGHWAY PER SHEET 3 OF 3, OF THE FLORIDA STATE ROAD
DEPARTMENT RIGHT OF WAY MAP FOR GLENDALE ROAD (SECTION
8858-151); THENCE CONTINUE N18°52'02"W, ALONG SAID WESTERLY
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RESOLUTION 2009- 127
RIGHT OF WAY LINE, A DISTANCE OF 93.33 FEET TO THE MOST
SOUTHEASTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 411, PAGE 455; THENCE DEPARTING SAID WESTERLY
RIGHT OF WAY LINE RUN S00010'36"W, PARALLEL WITH THE WEST LINE
OF SECTION 12, A DISTANCE OF 21.52 FEET TO THE SOUTHWEST
CORNER OF THOSE LANDS PER OFFICIAL RECORDS BOOK 411, PAGE 445
FOR A POINT OF BEGINNING; THENCE CONTINUE S00°10'36"W A
DISTANCE OF 24.84 FEET; THENCE RUN N89'4 1'23"W A DISTANCE OF 3.93
FEET; THENCE RUN N00°10'36"E, PARALLEL WITH THE WEST LINE OF
SAID SECTION 12, A DISTANCE OF 36.26 FEET TO A POINT ON THE
WESTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY PER OFFICIAL
RECORDS BOOK 411, PAGE 445; THENCE RUN S 18°52'02"E, ALONG SAID
WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 12.09 FEET TO THE
POINT OF BEGINNING.
CONTAINING: 120 SQUARE FEET, 0.003 ACRES, MORE OR LESS.
Lying in Indian River County, Florida.
is hereby forever closed, abandoned, and vacated. (see Exhibit "A", attached)
The closing, vacation, and abandonment, of this public right-of-way is in the best interests of
the public.
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.
5. The right-of-way shall revert to the adjacent property to the west.
The foregoing resolution was offered by Commissioner WheeIer who moved its
adoption. The motion was seconded by Commissioner 0' Bryan and upon being put
to a vote, the vote was as follows:
Chairman Wesley S. Davis
Vice Chairman Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
Commissioner Gary C. Wheeler
AYE
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RESOLUTION 2009- 127
The Chairman thereupon declared the resolution duly passed and adopted this 18th day of
August _'2009.
ATTEST: Jeffrey K. Barton
County of Indian River
BY:C�ew r
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
B DI —eRUNT FLORIDA��
Wesley S. Davis, 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 Commissioner Davi s, andleona ._Allen 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 18th day of
August , A.D., 2009.
Notary Publ�
APPROVED AS TO LEGAL SUFFICIENCY
William G. Collins, County Attorney
APPROVED AS TO PLANNING MATTERS
BY: Q'4i
Robert M. Keatii/ng, ICT, Direc
Community Development Divisl6n
MISTY L. NORTON
NogrY public - State of Florida
MY Comm. Expires Dec 29'200j
Commission N DD 027100
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