HomeMy WebLinkAbout2010-056RESOLUTION 2010- 056
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF A SEGMENT OF
133rd PLACE (MANATEE AVENUE) BETWEEN 83rd AVENUE (BAY STREET)
AND THE ST. SEBASTIAN RIVER, AS SHOWN IN PLAT BOOK 1, PAGE 178 OF
THE RECORDS OF BREVARD COUNTY, FLORIDA, AS DESCRIBED HEREIN,
SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on April 14, 2010, Indian River County received a duly executed and documented
petition from Bruce Barkett, Esquire on behalf of Wauregan Boat Club, 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 133rd Place (Manatee Avenue) between 83rd Avenue (Bay Street)
and the St. Sebastian River, as shown in Plat Book 1, Page 178 of the records of Brevard County,
Florida, said lands now lying and being in Indian River County, Florida; and
JEFFREY K BARTON, CLERK OF COURT
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, nor located within any municipality, nor is said right-of-way necessary
for continuity of the County's street and thoroughfare network, nor exclusive access to any given
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:
A PARCEL OF LAND LYING IN SECTION 21 OF THE FLEMING GRANT IN TOWNSHIP 30
SOUTH, RANGE 38 EAST, IN INDIAN RIVER COUNTY, FLORIDA AND ADJACENT TO
THOSE LANDS DESCRIBED IN PLAT BOOK 1 PAGE 178 OF THE PUBLIC RECORDS OF
BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 4" X 4" CONCRETE MONUMENT MARKING THE INTERSECTION OF THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF BAY STREET (80' RIGHT-OF-WAY) AND THE
SOUTHWESTERLY RIGHT-OF-WAY LINE OF MANATEE AVENUE (80' RIGHT-OF-WAY),
PROCEED N 45°00'00" W ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF
MANATEE AVENUE A DISTANCE OF 186.62 FEET TO A POINT ON THE SAFE UPLAND LINE
OF THE SEBASTIAN RIVER (ELEVATION = 1.0' AS REFERENCED TO THE NATIONAL
GEODETIC VERTICAL DATUM OF 1929 (NGVD 29)) AS LOCATED ON 11/15/95; THENCE,
ALONG SAID SAFE UPLAND LINE THE FOLLOWING SIX COURSES: N 18°37'00" E A
DISTANCE OF 8.53 FEET; THENCE N 13°07'42" E A DISTANCE OF 16.68 FEET; THENCE
N18°18'47 W A DISTANCE OF 14.31 FEET; THENCE N 15°30'00" E A DISTANCE OF 20.05
FEET; THENCE N 30°56'54" E A DISTANCE OF 18.52 FEET; THENCE N 24°44'25" E A
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RESOLUTION 2010- 056
DISTANCE OF 17.43 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
MANATEE AVENUE; THENCE, LEAVING SAID SAFE UPLAND LINE, PROCEED S 45°00'00" E
ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF MANATEE AVENUE A DISTANCE
OF 232.43 FEET TO A 2" IRON PIPE AT THE INTERSECTION OF THE NORTHEASTERLY
RIGHT-OF-WAY LINE OF MANATEE AVENUE AND THE NORTHWESTERLY RIGHT-OF-
WAY LINE OF BAY STREET; THENCE S 45°00'35" W ALONG THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF BAY STREET A DISTANCE OF 80.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 17085.31 SQUARE FEET OR 0.39 ACRES MORE OR LESS.
Lying in Indian River County, Florida.
is hereby forever closed, abandoned, and vacated, except that pedestrian access, driveway and
parking access, utilities, and drainage easements shall be retained over the entire segment. ( See
Exhibit A for sketch)
2. The closing, vacation, and 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)
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 for 133rd Place (Manatee Avenue) shall revert evenly to both sides.
The foregoing resolution was offered by Commissioner Davi s who moved
its adoption. The motion was seconded by Commissioner Fl 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 Gary C. Wheeler
Commissioner Joseph E. Flescher
Aye
Aye
Ay e
Ay e
Ay e
The Chairman thereupon declared the resolution duly passed and adopted this 22 day of
June , 2010.
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RESOLUTION 2010- 056
ATTEST: Jeffrey K. Barton ..•' y ••• IS;`oy•it BOARD OF COUNTY COMMISSIONERS
County of Indiari/•
r* ;
Deputy Clerk
I HEREBY CERTIFY that on this day, berore me, and officer duly authorized in this State and County
to take acknowledgments, personally appeared Peter 0' Bryan , and Maureen Gel fo 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.
INDIAN RIVER COUNTY, FLORIDA
I BcY:
BY:14/
Peter D. O'Bryan, ChairmanU
Board of County Commissioners
WITNESS my hand and official seal in the County and State last aforesaid this 22 day of
June , A.D., 2010.
APPROVED AS TO LEGAL SUFFICIENCY
BY:
Alan Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
Ro . ert M. Keating, AI P,
Community Development ivisYo
irecto
O / .., C COVD--Ai.,Ot71
Notary Public
ot"aY PT`ioTERRI COWNS-LISTER
c
* MY COMMISSION # D0 609787
��
}` EXPIRES: October 30, 2010
Bonded Thru Budget Notary Services
5.e OF F.C.Q."o
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3
SKETCH OF LEGAL DESCRIPTION
s
EBASTIAN
RIVR,
"RESERVED" (PLAT)
,Z9'981. M,00,00SiN
PONT OF BEGINNNG
4" X 4" CONCRETE MONUMENT
545'00'35"W 80.00'
FOUND 2
IRON PIPE
e
THIS IS NOT A SURVEY
SEE SHEET 1 FOR LOCATION MAP
SEE SHEET 3 LEGAL DESCRIPTION AND SURVEY NOTES
SAFE UPLAND LINE
ELEVATION = 1.0' NGVD 29
AS LOCATED 11/15/95
L-1
N 18'37'00" E
8.53'
L-2
L-3
N 13'07'47," E
N 1818'47 W
16.68'
14.31'
L-4
N 15'30'00" E
20.05'
L-5
N 30'56'54" E
18.52'
L-6
N 24'44'25` E
17.43'
0
O
I— I,_
Q
o J
O 0
O w0
Z VI
m 00 0 "
Nu
N3 0 J cr
0-¢
W D Y
FOUND 2" IRON PIPE
BAY STREET (PLAT)
83rd AVE. (POSTED)
(80' RIGHT-OF-WAY)
FOUND 2"
IRON PIPE
HORIZONTAL SCALE
50 251 C:,)
I 50I 100
11111
MORGAN & EKLUND, INC.
PROFESSIONAL SURVEY CONSULTANTS
8745 1.15 HIGHWAY 11
P.O. BOX 1420
WA84550, FL 32970
PHONE: (772) 388-5364
FAX: (772) 388-3165
1500 S.E. 580 COURT
SUITE 110
DEERFIELD BEACH, R 33441
PHONE: (954) 421-6882
FAX: (954) 421-0451
SKETCH OF LEGAL DESCRIPTION
A PORTION OF THE MANATEE AVENUE RIGHT-OF-WAY
INDIAN RIVER COUNTY, FLORIDA
FOR WAUREGAN BOAT CLUB
2893.03
SOLE
5/27/10
EMMY MY
CAG
OILORM, MY
JRM
ROD 400' w m
WE "0 49-60
3/15/10
sen 2 0r 3
Exhibit A