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Home My WebLink About2011-056WHEREAS, on April 18, 2011, Indian River County received a duly executed and documented petition from Grace Clark-LaPorta 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 1291h Place north of 81st Court and lying between Lot 10, Block 12 and Lot 6, Block 11 of the Townsite of Roseland as recorded in Plat Book 1, Page 43 of the public records of St. Lucie County, said lands 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; and WHEREAS, based on a recommendation from staff, the Board finds it in the public interest to retain a 20' wide drainage and utility easement down the center of the subject right-of-way segment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: I . 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: LEGAL DESCRIPTION PARCEL 1: A PORTION OF BAIRD STREET RIGHT-OF-WAY LYING BETWEEN BLOCK 11 AND BLOCK 12 TOWNSITE PLAT OF ROSELAND, FLORIDA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 43, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHEASTERLY HALF OF BAIRD STREET, A 50' WIDE RIGHT-OF-WAY, LYING ADJACENT TO LOT 6, BLOCK 11 OF THE AFORESAID TOWNSITE PLAT OF ROSELAND AND EXTENDING FROM THE NORTHWESTERLY RIGHT-OF-WAY LINE OF 81 ST COURT TO THE NORTHWESTERLY LINE OF BLOCK 11 EXTENDED SOUTHWESTERLY. CONTAINING 3300+ SQUARE FEET (0.076+ ACRES) FXommunity Development\Users\CurDevARESOLUTION\2011 Resolutions\LaPorta (I 29th PL) 2011- .rtf 1 U) 0 RESOLUTION 2011- 056 0 0U- UJJ w� O RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN W J ° W RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, mmz <d. O Ra z ABANDONMENT, VACATION AND DISCONTINUANCE OF A SEGMENT OF M i 0 a a. 0 129TH PLACE LYING NORTHWEST OF 81sT COURT AND LYING BETWEEN w z > 'M8, a LOT 10, BLOCK 12 AND LOT 6, BLOCK 11 OF THE TOWNSITE PLAT OF Wgid% 00 z a r- m Y ROSELAND AS RECORDED IN PLAT BOOK 1, PAGE 43 OF THE PUBLIC — o w 6' R � � RECORDS OF ST. LUCIE COUNTY, AS DESCRIBED HEREIN, SAID LAND N 0 w o NOW LYING IN INDIAN RIVER COUNTY, FLORIDA o m g WHEREAS, on April 18, 2011, Indian River County received a duly executed and documented petition from Grace Clark-LaPorta 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 1291h Place north of 81st Court and lying between Lot 10, Block 12 and Lot 6, Block 11 of the Townsite of Roseland as recorded in Plat Book 1, Page 43 of the public records of St. Lucie County, said lands 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; and WHEREAS, based on a recommendation from staff, the Board finds it in the public interest to retain a 20' wide drainage and utility easement down the center of the subject right-of-way segment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: I . 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: LEGAL DESCRIPTION PARCEL 1: A PORTION OF BAIRD STREET RIGHT-OF-WAY LYING BETWEEN BLOCK 11 AND BLOCK 12 TOWNSITE PLAT OF ROSELAND, FLORIDA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 43, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHEASTERLY HALF OF BAIRD STREET, A 50' WIDE RIGHT-OF-WAY, LYING ADJACENT TO LOT 6, BLOCK 11 OF THE AFORESAID TOWNSITE PLAT OF ROSELAND AND EXTENDING FROM THE NORTHWESTERLY RIGHT-OF-WAY LINE OF 81 ST COURT TO THE NORTHWESTERLY LINE OF BLOCK 11 EXTENDED SOUTHWESTERLY. CONTAINING 3300+ SQUARE FEET (0.076+ ACRES) FXommunity Development\Users\CurDevARESOLUTION\2011 Resolutions\LaPorta (I 29th PL) 2011- .rtf 1 RESOLUTION 2011- 056 LEGAL DESCRIPTION PARCEL 2: A PORTION OF BAIRD STREET RIGHT-OF-WAY LYING BETWEEN BLOCK 11 AND BLOCK 12 TOWNSITE PLAT OF ROSELAND, FLORIDA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 43, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE SOUTHEASTERLY HALF OF BAIRD STREET, A 50' WIDE RIGHT-OF-WAY, LYING ADJACENT TO LOT 10, BLOCK 12 OF THE AFORESAID TOWNSITE PLAT OF ROSELAND AND EXTENDING FROM THE NORTHWESTERLY RIGHT-OF-WAY LINE OF 81sT COURT TO THE NORTHWESTERLY LINE OF BLOCK 12 EXTENDED NORTHEASTERLY. 3300+ SQUARE FEET (0.076+ ACRES) Lying in Indian River County, Florida. is hereby forever closed, abandoned, renounced, disclaimed, and vacated, except that a 20' wide drainage and utility easement shall be retained down the center of the subject right-of-way segment (see Exhibit A sketch, attached). 2. The closing, vacation, and abandonment of this public right-of-way is in the best interests of the public. 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. The right-of-way for 129th Place shall revert evenly to properties on both sides of the right- of-way segment. The foregoing resolution was offered by Commissioner wheeler who moved its adoption. The motion was seconded by Commissioner F1 esch er , and upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Gary C. Wheeler Aye Ave Aye _fie FXommunity Development\Users\CUrDevARESOLUTION\201 1 Resolutions\LaPorta (129th PL) 2011 -.rtf RESOLUTION 2011- 056 The Chairman thereupon declared the resolution duly passed and adopted this 16th day of August , 2011. ATTEST: Jeffrey K. Barton County of Indian River Deputy Clerk I HEREBY CERTIFY that on this d' County to take acknowledgments, persM and Bob Solari BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA S1, .N •., Bob Solari, Chairman ;Board of County Commissioners I ;q. •o. lr > rl`ficer duly authorized in this State and ;A ....Me2;,' Maureen Gelfo as C -airman 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 16th day of August , A.D., 2011. APPROVED AS TO LEGAL SUFFICJE�NCY i BY: UZI Alan S. Polackwich, Sr., County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, A CP, irecto Community Development Depart t FXommunity Development\Users\CurDev\RESOLUTION\2011 Resolutions\LaPorta (129th PL) 2011- .rtf Notary Public —r O��,RV Pueli TERRI COLLIWUSTER * * MY COMMISSION # EE 012487 EXPIRES: October 30, 2014 ��'rFOF FLO�\�r Bonded Thru Budget Notary Services SKETCH & DESCRIPTION SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST PARCEL ID# PURPOSE OF SKETCH: VACATION OF RIGHT-OF-WAY "THIS IS NOT A SURVEY' LEGAL DESCRIPTION PARCEL 1: Exhibit "A" SHEET I OF 2 NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 A PORTION OF BAIRD STREET RIGHT OF WAY LYING BETWEEN BLOCK 11 AND BLOCK 12 TOWNSITE PLAT OF ROSELAND, FLORIDA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 43, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHEASTERLY HALF OF BAIRD STREET, A 50' WIDE RIGHT OF WAY, LYING ADJACENT TO LOT 6, BLOCK 11 OF THE AFORESAID TOWNSITE PLAT OF ROSELAND AND EXTENDING FROM THE NORTHWESTERLY RIGHT OF WAY LINE OF 81ST COURT TO THE NORTHWESTERLY LINE OF BLOCK 11 EXTENDED SOUTHWESTERLY. CONTAINING 3300± SQUARE FEET (0.076± ACRES) LEGAL DESCRIPTION PARCEL 2: A PORTION OF BAIRD STREET RIGHT OF WAY LYING BETWEEN BLOCK 11 AND BLOCK 12 TOWNSITE PLAT OF ROSELAND, FLORIDA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 43, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE SOUTHWESTERLY HALF OF BAIRD STREET, A 50' WIDE RIGHT OF WAY, LYING ADJACENT TO LOT 10, BLOCK 12 OF THE AFORESAID TOWNSITE PLAT OF ROSELAND AND EXTENDING FROM THE NORTHWESTERLY RIGHT OF WAY LINE OF 81ST COURT TO THE NORTHWESTERLY LINE OF BLOCK 12 EXTENDED NORTHEASTERLY. CONTAINING 3300± SQUARE FEET (0.076± ACRES) PREPARED BY- IIWII AWN. SURVEYING & MAPPING, INC. 1350 MALABAR ROAD S.E., SUITE 1 PALM BAY, FLORIDA 32905 fig` J l ` Brevard(32T)724-2940 Indian River(772)589-3228 Fax(321)951-4879 KE1%1N A. SMITH — FLORIDA GERTIFICAt 'NOs 4457 E—MAIL: SMITHSURVEYING O AOL.COM (NOT VALID 'iALESi SIC�IVED AND" SEALED) PREPARED FOR: GRACE (CLARK) LAPORTA AND MARK A. LAPORTAw DRAWN BY:A. TEJADA CHECKED BY: KAS DRAWING NO 10�83SECTION,1 DATE: MAY 16, 2011 REVISIONS JUN. 23-'20t 1 TOWNSHIP 30 SOUTH SHEET ? OF 2 RANGE 38 EAST SKETCH & DESCRIPTION SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST "THIS IS NOT A SURVEY' fo I Exhibit "A" SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 N R -d e A P�o�P�Q 'roti, S /`��, �o�a� Po SCALE: �)- SCALE: 1" = 30' C-)s;�-��?,•�ro y�F 'p�� '�?o A�9Jo�� 1/0i \ 5 �O C) O -O- DRAWING NO. 11-0283 — 1 1-0097.DWG lK �o o cti 140 - PREPARED PREPARED BY: SM■w SURVEYING & 0%, MAPPING, INC. 1350 MALABAR ROAD S.E., SUITE 1 PALM BAY, FLORIDA 32905 Brevard(32T)724-2940 Indian River(772)589-3228 Faz(321)951-4879 E—MAIL: SMITHSURVEYING 0 AOL.COM