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Home My WebLink About2017-0513120170033623 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT RESOLUTION 2017- INDIAN RIVER COUNTY FL —BK: 3031 PG 2203 Page 1 of 9 6/ ;2/2017 9 11 AM A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 16 FOOT WIDE ALLEY RIGHT-OF-WAY RUNNING FROM 129th COURT TO 129th STREET AND LYING IMMEDIATELY ADJACENT AND CONTIGUOUS TO LOTS 1-10, BLOCK 18 OF THE TOWNSITE PLAT OF ROSELAND SUBDIVISION AS SHOWN IN PLAT BOOK 1, PAGE 43 OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, AS DESCRIBED HEREIN, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA; SAID ABANDONMENT SUBJECT TO RETAINING A UTILITY EASEMENT. WHEREAS, on March 3, 2017, Indian River County received a duly executed and documented petition from Robert H. Pritchett III 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 16 foot wide alley right-of-way running from 129t Court to 129th Street and lying immediately adjacent and contiguous Lots 1-10, Block 18 of the Townsite Plat of Roseland subdivision as shown in Plat Book 1, Page 43, of the Public Records of Saint Lucie County, Florida, 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 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, the Board finds that a utility easement needs to be retained over the entire right- of-way to accommodate possible future utility uses. 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: ALL OF THE 16.00 FEET WIDE ALLEY, LYING IMMEDIATELY ADJACENT AND CONTIGUOUS TO LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 AND 10, OF BLOCK 18 OF THE PLAT OF "TOWNSITE OF ROSELAND", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 43 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING: 4,800.00 S.F. MORE OR LESS. 1 RESOLUTION 2017- 051 Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated except that a utility easement shall be retained over the entire area of the subject abandonment. (see Exhibit A attached) 2. The closing, vacation, and abandonment of these portions of public alley 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 alleyway shall revert equally to properties on both sides of the subject alley right-of-way within the Block 18 of the Townsite Plat of Roseland subdivision. The foregoing resolution was offered by Commissioner Sol dr_ i who moved its adoption. The motion was seconded by Commissioner Adams , and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari ABSENT AYE AYE AYE AYE The Chairman thereupon declared the resolution duly passed and adopted this 23rd May , 2017. BOARD OF COUNTY COMMISSIONERS INDIANVER COUNTY, FLORIDA ''''''''''''' ....... s ce 1,„ '•.*Peter D. O'Bryan, Vice Cirman day of • T' ST: Jeffrey R. Smith, Clerk of Court and Comptroller RIVER C0\ BY: Deputy Clerk 2 RESOLUTION 2017- 05i I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared,Rhonda 7 i rkl P and Peter D. O'Bryan, Vice 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 thi3rd day of May , 2017. APPROVED AS TO LEGAL SUFFICIENCY BY: ,Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: Stan Boling, , Director Community I elopment Department blAA Notary Pu i ' FF65450 Misty L. Pursel My Commission Expires: January 11, 2018 0,... N • e \5SI0/yF •. , •0 44>>,2� • °� �_ *'•▪ <= y • YFF 654 r . �.: 3 27' 2,3/J EXHIBIT "A" DESCRIPTION OF ALLEY ABANDONMENT: ALL OF THE 16.00 FEET WIDE ALLEY, LYING IMMEDIATELY ADJACENT AND CONTIGUOUS TO LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 AND 10, OF BLOCK 18 OF THE PLAT OF "TOWNSITE OF ROSELAND, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 43 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING: 4,800.00 S.F. MORE OR LESS. SURVEYOR'S NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. NO SEARCH WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR FOR RIGHTS-OF-WAY, RESERVATIONS, EASEMENTS AND RESTRICTIONS OF RECORDS. THIS SKETCH AND DESCRIPTION IS BASED ON A PREVIOUS BOUNDARY SURVEY PERFORMED BY CARTER ASSOCIATES, INC., PROJECT NO. 17-2545, DRAWING NO. 20471-B. 3. ANY EXISTING IMPROVEMENTS, FOUNDATIONS AND UNDERGROUND UTILITIES WERE NOT RECORDED UNLESS OTHERWISE NOTED FOR THIS SKETCH AND DESCRIPTION. 4. THIS MAP 1S A SKETCH AND DESCRIPTION ONLY. A BOUNDARY SURVEY WAS NOT DELINEATE SAID BOUNDARY LIMITS OF THE PORTION OF DESCRIBED ABANDONMENT. 6. THIS SKETCH AND DESCRIPTION IS COMPRISED OF 2 PAGES. ONE IS NOT VALID WITHOUT LEGEND W E S N (0) (P) (C) R.O.W. P.B. PG. S.L.CO., FL. WEST EAST SOUTH NORTH OBSERVED DATA PLAT DATA CALCULATED DATA RIGHT OF WAY PLAT BOOK, PAGE ST. LUCIE COUNTY, FLORIDA THIS MAP IS NOT A BOUNDARY SURVEY CERTIFIED TO: ROBERT H. PRITCHETT III <. DAVID G. AND WYNNE L. OARIY KEVAN JOHN ASHURST DAVID AND LINDA SEALTIEL 0 U (1) ww OBSERVED OR o = 0 E- wa PERFORMED TO CC } 1n U J a w'— aw .O • 0 Z U Q In m < 0 0 0 w O I -O 17-- 0_ THE OTHER. 1• S. CUCCURESE, FL. PSM• 4765 LB. 205 SIGNATURE DATE: (AI„.'"”' CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET, VERO BEACH, FL 32960 TEL: (772) 562-4191 FAX: (772) 562-7180 DATE : APRIL3, 2017 PROJ,R :17-2545 DRAWN BY FSC APPD BY ' FSC PLOT BY ' Frank Cuauresa REF.# 20471- 172545 F, B. 8. PG .- PROPOSED ABANDONMENT OF ALLEY PART OF BLOCK 18 OF "TOWNSITE OF ROSELAND" SUBDIVISION INDIAN RIVER COUNTY, FLORIDA SKETCH AND DESCRIPTION SHEET 1 OF 2 owq rt 20502-A 129th COURT 50' R.O.W. 16.0' 5 44'47'55" E 0 0 0. 0 0 132.00' (P) LOT 1 BLOCK 18 132.00' (P) LOT 2 BLOCK 18 0 0 0 10 0 0 0 0 l0 0 0 132.00' (P) LOT 3 BLOCK 18 132.00' (P) 0 0.1 0. 0 0,,10 0 5,1 up tn (f) z "TOWNSITE OF ROSELAND" P.B. 1, PG 43, S.L.00., FL. LOT 4 6 BLOCK 18 132.00' (P) LOT 5 BLOCK 18 132.00' (P) THIS MAP IS NOT A BOUNDARY SURVEY 0 0 0 (0 0 04 S 453525 132.00' (P) o LOT 10 BLOCK 18 0 10 132.00' (P) -PROPOSED ABANDONMENT OF ALLEY LOT 9 BLOCK 18 "TOWNSITE OF ROSELAND" P.B. 1 PG 43, S.L.00., FL. O 0 O 0 0 O 0 16.0' N 44'47'55" W 129th STREET 50' R.O.W. 0. 0 0. O 0 0 LOT 8 00 BLOCK 18 10 132.00' (P) LOT 7 BLOCK 18 132.00' (P) LOT 6 BLOCK 18 132.00' (P) 0 0 20 40 SCALE (1 /nch = 40 Feet) 11 0 0 REVISED: 4/3/2017 PROPOSED ABAND. OF CAI r» CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET, VERO BEACH, FL 32960 TEL (772) 562-4191 FAX (772) 562-7180 DATE 02022 207 PROJ 17.2141 DRAWN BY, 220 APPO BY • FSC PLOT SY DaYk CumBrese REF 0 20471-B 172542 24040 — PROPOSED ABANDONMENT OF ALLEY PART OF BLOCK 18 OF "TOWNSITE OF ROSELAND" SUBDIVISION INDIAN RIVER COUNTY, FLORIDA SKETCH AND DESCRIPTION SHEET 20F2 Dwg.0 20502.0