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HomeMy WebLinkAbout1998-047 RESOLUTION NO. 98.47 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF THOSE ... PORTIONS OF I In'LANE S.E.AND 121m STREET S.E.ADJACENT TO TRACT A,RIVER SHORES ESTATES,UNIT 1,AND RESERVING A DRAINAGE AND UTILITY EASEMENT OVER THE ABANDONED RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY,FLORIDA WHEREAS, on February 23, 1998 Indian River County received a duly executed and documented petition from Gary Rhinehart of Vero Beach,Florida,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 south 10'of 111i Lane S.E.right-of-way and the north 10'of 121'Street S.E. adjacent to Tract A,River Shores Estates,Unit 1,said lands lying in Indian River County,Florida, g and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to ry consider said petition was duly published;and s' r 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 CA 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. p - 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 being known more particularly as: 4 The north 10'of 121 Street S.E.and the south 10'of 111 Lane S.E.,lying between US 1 and 11 Avenue S.E.,according to the plat of River Shores Estates,Unit 1 recorded ,p in Plat Book 7,Page 32 of the Public Records of Indian River County,Florida. is hereby forever closed,abandoned,and vacated subject to a drainage and utility easement which is hereby reserved over the entire abandoned right-of-way. 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. W tIt r 1 ATTACHMENT 4 RESOLUTION NO. 98-_4 7 The foregoing resolution was offered by Commissioner Eggert who moved its Adoption. The motion was seconded by Commissioner Adams ,and upon being put to a vote,the vote was as follows: Chairman John W.Tippin Aye Via Chairman Kenneth R.Macht Ave Commissioner Fran B.Adams Aye Commissioner Carolyn K.Eggert Aye Commissioner Caroline D.Ginn Aye The Chairman thereupon declared the resolution duly passed and adopted this 28 day of Apri 1 , 1998. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY _ F;4A_ ' BY ovr; �s' ohn W.Tippin,thkimififf Board of County Commissioners Je aft ' Jerk Stateof�+dti ��`�AG / County ondian River I HEREBY CERTIFY that on this day,before me,and officer duly authorized in this State County to take acknowledgments, personally appeared JOHN W. TIPPIN, and W. as DEPUTY CLERK TO JEFFREY K.BARTON,as Chainnan of the Board of County C inners and 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 as aforesaid this Jr day of ,A.D., 1998. UjAlia 8.Writo Norry tubik,Saw of Fbiid� c�.wb ';0.0csr"a Notary Public orw MycWVAd1Aa&P-01/13=; 1440-MAW-naNmy�..waBombsco, v+�w�»wwvn» APPROVED AS TO LEGAL SUFFICIENCY o William G.Collins,II w 1 Deputy County Attorney 'v r,7 PRO EDA TO PLANNIN MATTERS _ CA co bort IQ.Ieit-ing,9CK Community Development irector u1c\elrhinehar.res 2 03 1319 159 a I 11TH LANE S.f o ^ I I AV c Il��f11L7�1f11�11Uf�L/1I1I%� - %�1 4i I PRESENT R/W TRACT A d ;i I SCAZE o Q I � Il1TZ�17 /ITILTTJ�%ZTT_/1%ITJ� � 12TH STREET S.E. e ABANDONMENT LEGAL DESCRIPTION R DW/Y WM 10 FEET OF 12TH STREET S.E. ANO THE SOUTH 10 FEET OF 117H UNE S.C., � LlW LIF7KW U.S/1 AND IST STRET7 Sr. ACCORD/NC TO T11£PLAT OF I ATR SNARES £STATES UNIT 1, fA=VK=W AV PKAr AWW 7 PwcE 31 of THE PvecrG /PEGOROS OF 1NOMN &Wff GOl/Nrr fLOR/OA. CERTIFICATION 1. Charles A. Cromer. hereby certify that l-yam o�fegistered Professional Surveyor and Mapper licensed to practice in the state of Florida. that this sketch was made .un 3P,c : qjLnrote supervision, and that it is accurate and correct. t further certify that this sketch meets the Minimum`. rag4 -� described in Chapter 61G17 of the Florida Administrative Code. pursuant to F.S. Chapter 472. ':; r THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT - Chmies A. Cromer. P.S.M. Reg. 4094- Ve o Beach. FL 32960 -1itta' n River County Surveyor y X100 Dote 8 14yi�/ 1978 s. t.w- PRESS-JOURNAL Published Daily Vero Beach,Indian River County,Florida COUNTY OF INDIAN RNER:STATE OF FLORIDA oath Before he a Pre�eklan�t the p�,lwp mouldy pared Darryl K. Hicks who on h khdian Rim County,Florida;that the attached copy of advertisement,spaper at Vero Beach alelOtt ItA � NOTICE Of AIANDONMENT Notice is hereby ghm OW Ra• (� 'a 'I ohMoe 91.17 was-hp Ml Apra in the matter of �[� 21,1991 by the Beard of Cm* Caer*luionen of Incise River County,Florido,cloft vooagrq and abondonIng a portion d I I th Ian, S.E,and a Portion of 12th Skm $1 as described In the M the Court,was pub• above referenced resohAlon,with �� �� ��rr��.� n( terpin rights rowvsd by the listed in sold newspaper h the issues of Vfft&4 19-)t I� County.INDIAN AMR COUNTY ((JJ\\ 10A1D Of COUNTY COMMISSIONERS Illy-Wom W.Tlppie, Chairman Afflent further says that the said Press,lolxnal is a newspaper published at Vero Beach,in i May 13,1991 134070 sold kxtan River County, Florida, and that the said newspaper has heretofore been asoor�due mall matter BIn athe post office Indian River h V o Beech, saklFkIrlda each Indian RWw County.and has been tered as Florida. for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,firm oraation any discount, rebate, cornmission or refund for the purpose of securing this advert gement for publication In said newspaper. � ��y Swom to and subscribed before me"---li.L_da ofA.D.19=.e- a< ( re t MY fP.MML510N tow, J'i-- � x.n_C M" " ? �,� Notary Public Stare of Florida y• ywr�/(CE11091 ;'.-r My Commission Exp Jan 01.2061 !07 �9p. Comm.No CC 61109Y a •. F.: , Personalty Known Dr Produced ID U Sit� fa�,•' Y Type of ID Produced �hMN,.,1 N NN„Y..• 091 1941 £ Iu PRESS-JOURNAL I Published Daily - e,1/R Vero Beach,Indian River County,Florida NOTICE OF I MIC HEARING COUNTY OF INDIAN RIVER:STATE OF FLORIDA petition for to cloft abandon• gyral,and wwW41h41FaOWN"of Before the Undersigned authority personally appeared Darryl K. Hicks who on 12th 51reet S,E.and I IM lane S.F. 011th says that he Is President of the Press%loumal,a daily newspaper published at Vero Beach E� TrodA� �Sh rse in Indian River County,Florida;that the attached copy of advertisement,being sotdand�t 1.Indian ionver Colykq rdy, LyMha end belnR in Indian Rhw Caedy,INarko,more,particularly �1� desats"a follows: _ In the matter of u it J( d`CYL G 1 / I The subject property is duallsed at. The neigh le'of 121h Shell S.E. end gN mAh 1 o'd i 1 th Lone S.E. riph 4&woy adiawo to Trod A of gr IMe1 of River Shares Ewa in the Court,was put>• Ung 1 4111 Mwrded M Flat look 7 rt rage>?et ON public re0ards of fished In said newspaper in the Issues of� t A Q. A ��1��� �t lou��which, ties In West and citizens swq havwe aill opportunity eor to be hd, d of ComAy CWW"lawe y the dindian Affiant further says that the said Press-Journal is a newspaper published at Vero Beach,In River County, Florida, in the said Indian River County, Florida, and that the saki newspaper has heretofore been CaonM CoMmIni m Chambers of continuously published In sold Indian River County,Florida,each daily and has been entered as locator 1040 Administration in2Srhds Building second Dasa mall matter at the post office h Vero Beach,M said Indian River County,Florida, for a period of one year next preceding the first publication of the attached of Beach,Florida on Tuesday'Apr° 20,1990 at 945 ae,. advertisement;and affiant further says that he has neither paid nor promised any person,firm Anyone, who may wish to or 009porstion any discount, rebate, cormtksaicin or refund for the purpose of securing this appeal any declaim whk h may be adverlistamt for publication In said newspaW. made at this meetpq will need to ensure that a werbaNhn record d !l the proaedNhas Is W4*, whkh �iAt tlwshlbscribed before me thi day o D.19—L— includes testimony and *vk%are •'r` r` >•��.ti"". Wan which the appeal is based. e< 1'NuN direct plonninp•ritI&W +`,4:;' -;• s 1 „• questions to the cum1M dewlap. WiscillAfY(PM41;5'DliEXFIRfS :J r ye t) ANYONE d367•ep0 S' SPE. !�h ANYONE wHO NEEDS A SPE CIAL ACCOMMODATION FOR ;1. (Jtdhl.NO.I(611092 ft^� KIMG':RLI(ANNEOS THIS MEETING MUST CONTACT Notary Public S,alo of Florida THE COUNTY'S AMERICANS M Commission Exp.Jan 1, 2001 WITH DISAIRiTIES ACT (ADA) ......... E%pa. Y P COORDINATOR AT 567.0000 G r;� Comm.No.CC 811 X400 AT LEAST 40 HOURS IN 92 kk Personally Knuwn rProdumdID = ADVANCE OF THE MEETING. 1 INDIAN RIVER COUNTY Type of ID Produced ___ __.- BOARD OF COUNTY COMMISSIONERS aY-elola W.TlppNh, Chaemohh April 9,19" 1313450r 1911W6IC180