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Home My WebLink About1995-065RESOLUTION NO. 95- 65 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF 47TH STREET BETWEEN 39TH AVENUE AND 40TH AVENUE SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on March 7, 1995 Indian River County received a duly executed and documented petition from Delois Buckner of Vero Beach, Florida, requesting that the County closevacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of 47th Street between 39th Avenue and 40th Avenue, said lands lying in Indian River County, Florida. 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 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 being known more particularly as: Begin at the Northwest corner of Lot 5, Block 4 of Pineview Park, Unit 2 as shown on the plat thereof recorded in Plat Book 7, Page 44 of the Public Records of Indian River County, Florida, and run On the extension northerly of the West line of the said Lot 5 a distance of 5 feet. Then run Easterly, parallel with the North line of Lot 5, a distance of 60 feet to the Northerly extension of the East line of Lot 5. Then run Southerly, along the extension, a distance of 5 feet to the Northeast corner of Lot 5. Westerly, along the North line of Lot 5, a distance of 60 feet to the POINT OF BEGINNING. Lying in Indian River County, Florida. is hereby forever closed, abandoned, vacated, discontinued, renounced and disclaimed. 2. The closing, vacation, abandonment, discontinuance and disclaimer 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. This abandonment is conditional upon the petitioner executing a drainage and utility easement for the above referenced 5' strip, prior to the recording of this resolution. Said easement to be recorded immediately following the recording of this resolution. iCdith40 41 — COUNTY ATTARNilY'S ORFIcq INDIAN RIVER COUNTY 1840 25th Shoot Vero Bach, Florida 32960 1 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 foregoing resolution was offered by Commission 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 Kenneth R. Macht Aye Vice -Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 6 day of June , 1995. ATTEST: Jeffrey K. Barton, Clerk to of Flor ty of 1,qd iver BOARD OF COUNTY COMMISSIONERS INDIAN RYI/ER CLORID BY: £2P&hrman Board of County Commissioners I HEREBY CERTIFY that •' his day, before me, and officer duly authorized in this State and County to take acknowledgements, personally appeared KENNETH R. MACHT, and JEFFREY K. BARTON, as Chairman of the Board of County Commissioners 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 officia seal in the County and State last aforesaid this (p day of , A.D., 1995. APPROV , AS TO PLANNING BY ober . Ke =t n•, Director, Communi Division u\c\j\buckn.r.r.s OFFICIAL S R. My CemmlelenLIA Lxp tar Y Public May 11, left comm. No. 00 i iiS4 APPROVED AS TQ FORM e.EG L 5U6F I��1CY: �2 • i�i.Q.P�si 2 AVIACIOWN 3 Charles P. `!itunaC County Attorney ogSled190tHo 0 P. 7,y, Z D n 0 n 0 3 7 (D 0);D C r- 0 xl 0 co 09 C 7 v3 a— N - O 0 3 s`< 0 7 0.3 cc, 0 y. Q,0a O v 0. C 0 Nom 0 - y N 0.. ; (07 O .� 0 i -w O o 0 0 -s.• 00 '17 aa5. IT 3 0- `-c.00 o o - g 0 07 ° < to oN to (C erz•C+d A .y+hh� a�(O 7 o 0 p 0 S7 7. •-►' 7'� ° ,°+ O X <' 0r.< jp00 001.0 x1-- 0 .O 4''+O H 0 0 O0 -9;a' O o '� U1 Ci 7= 7 e'' 5" A o h7 0".50 0 'l O_ 71 t0 o z PIp N ° ;,-."•,° m rr Z r 0 fi -A 60' 0 r- 60 4+ 0) 0' ID 60' ----14\\\\\\\\\\\\\\\° 60' 47TH STREET o -u O fi7 O 23 f(D 1 �Z� 0 N,3.0 O" V° •••J CD 0. 0 00 O X 7 (0 ,+�7,0 _„,:..1 m .N+ .-4- 0 F C �S (D 1 ��O Z•�S O O O 7 W_ 0 7 7 0 0 (w'p s.G 0 O Op -4, ate m ;..+ o, A. Z m o f ,-$. '1 .9 0 (n 7 S • O .p N 7�0� 7- ° ?1 Z . - (0 -' 0 O.n+ O Z°, 0 S-1�a0 7 0 0 ((b (QD O .�'�0 0 Q. X 00 3 *j ,+(70 I + 0o h7• �C ° _.,c y ry O rt D—S ° O 7 0, 7' Q.r 3c(D (o O 0 0 �' s fi o (n .« ° x o x O ° I(�D 0 0 7' 0 - (D 0 0 0 O rt O. -n (4 ACAD DWG. FILE: PINEWIEW.DWG 1 VERO BEACH PRESS -JOURNAL Published Dally Vero Reach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being in the matter of in the %�4- Court. was pub• ";IO/ �ll fished in said newspaper in the issues o1 ✓�f/1575 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mall matter at the post office in Vero Beach, in said Indian River Coun- ty, 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 or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said new per Q09fl omn uPscribed beefore'm/�e This) 4 day of 7 A D. 19 / s S in •ior••M %•;G ' (Business Manager) Cs • Ju a &Piles • m : BARBARA C SPRAGUE, NOTARY PUnI IC • I. No. C 29 29 • , 1997 Bl�sd f,urua, My commisaun tip June 29, 1957 3006 • r>• AV.) 72• Comm ern Number: CC3e0572 • /Jb INIy1 tots,... "yl >w� `a ‘71.443L 19. ''�0F FIAA\ e` mow: :.�f. ;< <,/ ✓tc L r'hprrnor''`'',,•• Notary: BARBARA C SPRAGUE 422 a C 1 CO VERO BEACH PRESS -JOURNAL Published Daily Vero Beech. Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press•Journal, a daily newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being in the matter of in the Court, was pub- lished , / Ilshed in Bald newspaper in the Issues of /4 /996 Affiant further says that the said Vero Beach Press•Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mall matter at the post office In Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ov te411d subscri , befrle me?his r r *Con, i n► • c Ju°e2 Aries rn • No f99) yi•'A0 72 • ''• ':� F :• LIG ••OQ,,, ••rrrFLOS. rn,,II"`` day of BARBARA C. SPRAGUE, NOTARY PUBLIC, AD.1995 (Business Manager) Ci,.nm,sson Exp June 29, MT Commission Number. CC300572 j/ Notary: BARBARA C SPRAGUE 44) d :be, returned to nutty Attorney's (Mica, i 25th St:, Vero Beach,. 0101101111111. F1orld* $2960 011111.70 SIE $ • Im SIV a OOUMir THIS GRANT OF EASEMENT, made and executed this S4 day of ru'(K, , 1995, by THOMAS LEE BUCKNER and DE LOIS BUCKNER, whosetriailing address is 3965 47th Street, Vero Beach, Florida 32960, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1840 25th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. (Whenever used herein, the terms GRANTOR lnd GRANTEE include all the parties to this instrument and their heirs, legal representatives, successors, and assigns.) e/9le(FORMe) LMciAL(WdO/nhrm) EASEMENT WITNESSETH: That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, a perpetual easement for drainage and utilities over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. Signed, sealed and delivered in presence .f: ,/ //✓/ ed name: 19Y1 ��1�flJ hs printed name: Zedeliti Zibmrlruxd printed name: printed name: �d- h omas Lee Buckner i/!/2 i .. (,�4/51ij4 De Lois Buckner STATE OF FLORIDA COUNTY OF INDIAN RIVER day of known ore oing instrum , 1995 tos produced cjlc t was acknowledged before me this 5 Thomas Le ckner who is personally ��- as identification. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY TERRENCE P. 'BRIEN ASST. COUNTY ATTORNEY NOTARY PUBLIC v+ 5 CS1 C0 X- printed name: Commission No. :JOE JOE ANN BAKER Expiration No.: (. ; $ MY COISSION 0 C032$983 EXPIRES October 29. 1097 • '{DT RJTROMmxituIINANCF oc. 1 STATE OF FLORIDA COUNTY. OF INDIAN RIVER going instrument was acknowledged before me this 5, by De Lo okner who is personally known uced ({Q� �ix .�G as identification. NOTARY PUBLIC mac- ti/� printed name: Commission No. Expiration No.: JOE ANN BAR MY COMMISSION N CC328988 WKS October 29, 1097 KNOW T141U TROY 101 inr,uRA.Ncf. RC. 2 • •0 0. 60' - n 0 p 2 7 A' 0 0 0 0 0 r 0 0) • 0+ o< co O w co 0 -n (-.J N (0 O 60' w )1 \\\\\\\\\\\\I 60' 0 A 47TH STREET O C m a N O A •U 0 0 n o 5 rn r« f .4 a So A �r- 0* e o o r�aal•m A zS0 O A' S7 a* �' O -4 O o O'3 -No O wK 707pp o � A 70o(D r- •0 xce�• .. D 0-. .rp N O° oo aA ' o CA -• .13 tp• .fA3000 O to Coo 7 <Z- O 0 3 jO rrA z`�O c rAzA :a0 0° 1 0 r. S D M ZS..a 7 3 a • • •7 7 7 h X00 ▪ ti ' 0 7 O 2 n _ ....-4- , V o r . c D-'7' O 0 7 9. g �Sm IIZ CL -«A a 1 1 St 01 00c0i 3 c • � 0 0 N 3" •,.. n N r. n° Vim° 7 �o • 0 4 O -, m 0 0 A 0. 0« V) ACAD DWO. FILE: PINEWIEW.DWG