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Home My WebLink About2010-0662088353 THIS DOCUMENT HAS BEEN RECORDED IN THE PUB _IC REO ORDS OF INDIAN RIVER COUNTY FL BK: 2442 PG:2135, Pa11e'I of 9 09,0:3,12010 at 12:23 PM, RESOLUTION 2010- 066 2067034 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2441 PG:845, Pagel of 9 08/27/2010 at 04:02 PM, JEFFREY K BARTON, CL ERK Of COURT JEFFREY K BARTON, CLERK OF COURT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A SEGMENT OF 44TH STREET LYING BETWEEN 30TH AVENUE AND THE LATERAL H CANAL AS SHOWN IN PLAT BOOK 2, PAGE 77 AND PLAT BOOK 2, PAGE 88 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, AS DESCRIBED HEREIN, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on April 16, 2010, Indian River County received a duly executed and documented petition from Jonnie Hamm on behalf of Macedonia Baptist Church, Inc., 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 44th Street lying between 30th Avenue and the Lateral H Canal as shown in Plat Book 2, Page 77 and Plat Book 2, Page 88 of the Public Records of Indian River County, Florida, 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. 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 segment more particularly described as follows: THAT PORTION OF 44TH STREET A (50.0' WIDE RIGHT OF WAY) LYING EAST OF 30TH AVENUE, WEST OF LATERAL H, NORTH OF LOT 16 AND SOUTH OF TRACT "A", CANNON SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 77, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA ALSO LYING SOUTH OF LOTS 61 THROUGH 63 LINCOLN PARK ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 88 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINS 0.10 ACRES MORE OR LESS. SUBJECT TO A UTILITY & DRAINAGE EASEMENT ACROSS THE SOUTH 25 FEET THEREOF. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD, IF ANY. Lying in Indian River County, Florida. is hereby forever closed, abandoned, renounced, disclaimed, and vacated, except that a 25' wide drainage and utility easement shall be retained over the south half of the subject right-of-way segment (see Exhibit A sketch, attached). F:\Community Development\Users\CurDev\RESOLUTION \2010 Resolutions\Macedonia 2010- .rtf 1 RESOLUTION 2010- 066 2. The closing, vacation, and abandonment of this public right-of-way is in the best interests of the public. 3. 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. 5. The right-of-way for 44th Street shall revert evenly to properties on both sides of the right-of- way segment. The foregoing resolution was offered by Commissioner Davi s who moved its adoption. The motion was seconded by Commissioner F1 escher , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler Ay e Ay e Ay e Ay e Ay e The Chairman thereupon declared the resolution duly passed and adopted this 17th day of August , 2010. ATTEST: Jeffrey K. Barton ••p••w•••y•. BOARD OF COUNTY COMMISSIONERS County of Indian River •••pv��y C .... ..MIAN IAN RIVER COUNTY, FLORIDA Y+N. BY: -_ 0 ' ' ; . • *i Peter D. O'Bryan, Chairma Deputy Clerk • 9•,. f" f= Board of County Commissioners *'•gCOUNTV;F;:d I HEREBY CERTIFY that on this day, before rffe", and officer duly authorized in this State and County to take acknowledgments, personally appeared Peter 0' Bryan , and Leona Al 1 en 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. F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Macedonia 2010- .rtf 2 RESOLUTION 2010- 066 WITNESS my hand and official seal in the County and State last aforesaid this 17th day of August , A.D., 2010. APPROVED AS TO LEGAL SUFFICIENCY BY: aAlan S. Polackwich, Sr., County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. Keating, Ai P, Dire ‘r Community Development D -p. ment Notary Public 61:( PUS TERRI COLLINS-LISTER MY COMMISSION # DD 609787 EXPIRES: October 30, 2010 44.0F „pia Bonded Thni Budget Notary Services F:\Community Development\Users\CurDev\RESOLUTION \2010 Resolutions\Macedonia 2010- .rtf 3 SKETCH & DESCRIPTION SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39 EAST VACATED RIGHT OF WAY Exhibit A SHEET 1 OF 2 NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 LEGAL DESCRIPTION: THAT PORTION OF 44TH STREET A (50.0' WIDE RIGHT OF WAY) LYING EAST OF 30TH AVENUE, WEST OF LATERAL H, NORTH OF LOT 16 AND SOUTH OF TRACT "A", CANNON SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 77, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA ALSO LYING SOUTH OF LOTS 61 THROUGH 63 LINCOLN PARK ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 88 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINS 0.10 ACRES MORE OR LESS. SUBJECT TO A UTILITY & DRAINAGE EASEMENT ACROSS THE SOUTH 25 FEET THEREOF. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD, IF ANY. SURVEYORS NOTES: 1.) BEARINGS BASED ON THE ASSUMPTION THAT THE NORTH RIGHT OF WAY LINE OF 44TH STREET BEARS 589'48'34"E. PROFESSIONAL SURVEYOR AND PI'E'" 'ONSIBLE CHARGE STEVE CARTEC.H4N*: FL' D,A &LRTIECcATEjl0 :4$95 CERTIFICATE`:'pF;-AUTFI RAIZ 3101 `#LB., 7315 . lJ Ddf ' OP 'tIlGNATURE NOT VALID UNLESS SIGNED AND SEALED PREPARED FOR: JONNIE HAMM MACEDONIA BAPTIST CHURCH PREPARED BY: INDIAN RIVER SURVEY, INC. ADDRESS: 1835 20TH STREET, VERO BEACH, FLORIDA 32960 PHONE: (772) 569-7880 DRAWN BY: SPC CHECKED BY: REVISIONS: DRAWING NO. 10-122C SKETCH & DESCRIPTION SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39 EAST VACATED RIGHT OF WAY THIS IS NOT A SURVEY LOT 64 Exhibit A LINCOLN PARK ESTATES PLAT BOOK 2, PAGE 88 LOT 63 LOT 62 40.00' NORTH RIGHT OF WAY LINE 44TH STREET 50' RIGHT OF WAY (OPEN) 25.0' W N (-30 O 10 0 Z 25.0' Z DRAWING NO.: 10-1220 40.00' S89 48'34 "E 80.56 V) N SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 LOT 61 50' UNIMPROVED RIGHT OF WAY 44TH STREET CENTERLINE N89'48'34"W 88.59' 20.7' Scale: 1" = 30' 25.0' SOUTH RIGHT OF WAY LINE N89 48'34 "W 96.62' _25.0' UTILITY & DRAINAGE EASEMENT TO REMAIN LOT 16 CANNON SUBDIVISION PLAT BOOK 2, PAGE 77 50.0' PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING