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Home My WebLink About2018-078RESOLUTION 2018- 078 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF THE WEST 20 FEET OF SEMINOLE TRAIL (A.K.A. 10TH AVENUE) ADJACENT TO LOT 21 OF THE RIVERSIDE ESTATES SUBDIVISION, PER INDIAN RIVER COUNTY PLAT BOOK 5, PAGE 50, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County originally received a duly executed and documented petition from John Chamberlain on September 6, 2017, 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 west 20 feet of Seminole Trail (a.k.a. 10'b Avenue) adjacent to Lot 21 of the Riverside Estates Subdivision, per Indian River County Plat Book 5, Page 50, of the Public Records of 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 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: THE WEST 20 FEET OF SEMINOLE TRAIL ADJACENT TO LOT 21, RIVERSIDE ESTATES AS RECORDED IN PLAT BOOK 5, PAGE 50, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 21, THENCE PROCEED EAST ON AN EASTERLY EXTENSION OF THE SOUTH LINE OF SAID OF LOT 21, A DISTANCE OF 20.00 FEET; THENCE PROCEED NORTH AND PARALLEL TO THE EAST LINE OF SAID LOT 21, A DISTANCE 131.50 FEET TO AN INTERSECTION WITH AN EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 21; THENCE PROCEED WEST ALONG SAID EASTERLY EXTENSION A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 21; THENCE PROCEED SOUTH ON THE EAST LINE OF SAID LOT 21, A DISTANCE OF 131.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINNING 0.06 ACRES, MORE OR LESS. 3120180053024 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3144 PG: 1208 Page 1 of 9 8292018 8:42 AM c c ' RESOLUTION 2018- 078 Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated except that a 10 foot wide drainage and utility easement shall be retained along the north end of the subject right-of-way abandonment area (see attached Exhibit A). 2. The closing,vacation,and abandonment of this segment of 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 subject right-of-way shall revert entirely to and be combined with Lot 21 of the Riverside Estates Subdivision. The foregoing resolution was offered by Commissioner Solari who moved its adoption. The motion was seconded by Commissioner Flescher ,and upon beingput to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice Chairman Bob Solari AYE Commissioner Susan Adams AYF Commissioner Joseph E. Flescher AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution duly passed and adopted this 14 day of August , 2018. . Miss104 ••. . • RS'•. BOARD OF COUNTY COMMISSIONERS /1.-=-..; • INDIAN RIVER COUNTY :o: FLORIDA ,. :, o; BY: 7/-DzA ceo 46 .441 •, Peter D. O'Bryan , Chaim ` .1/07• , RGO\ ATTEST: Jeffrey . Smith, Clerk of Co and Comptroller BY: Deputy erk RESOLUTION 2018- . 078 State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared Commissioner o'Bryan, and Maureen Gelfo 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. WITNESS my hand and official seal in the County and State last aforesaid •' s ay of August , 2018. .k♦.II• ICIA . AiL: Notary Pub •c : Misty L. Pursel Commission No. : GG 166068 My Corrmission Expires: January 11, 2022 APPROVED AS TO LEGAL SUFFICIENCY �.0,►,, NotaryPublic State of Florida B k.- Misty L. urse! My Commission GG 188068 Dylan Reingold, County Attorney ,; Expires 01111!2022 APPROVED AS TO PLANNING MATTERS BY: ,/ Stan Boling, AICP, ►, ctor Community Devel•'. nt Department SKETCH OF LEGAL DESCRIPTION FOR: SEMINOLE TRAIL RIGHT-OF-WAY ABANDONMENT (NOT A SURVEY) NORTHEAST CORNER LOT 21 EXHIBIT "A" NORTH LINE LOT 21 /' Lex�o w UNPLATTED LANDS 0Z/IA 5/0 - \ \ �rvrAi~" .\\\ .\, I a �. _.. —. .-. 0744417:0?) '5,0 1 EAST LINE LOT 21 4N a ) W 4,t w H C--+ 2. 4 it* ;4 N 1 0 H az `u E--, , 0 0 w H N z ' z cni5 2 W " - f., c.. -4 ats 1 DAx we .40 caa 1 I r:o E• ,;4Z Q �" PICKERING&ASSOCIATES 4 O ° PROFESSIONAL LANDSVRVBY1NG a ° 14323 Coe 773-•••424, Ai c:Ci � picialiapinegtatacess U W 0 w Coma I a• ° a ( � 4 � a � o o'i 0i0' a W H x �- (pta 70,) ,,\ CA w C7 I o g -- �.... .✓ ? /' v .g _ _ — SOUTH LINE LOT 21 /S l%�za• - MORNINGSIDE DRIVE 70' RIGHT-OF- WAY SCALE: 1 INCH =20 FEET THIS SKETCH OF LEGAL DESCRIPTION NOT VALID WITHOUT SIGNATURE AND EMBOSSED SEAL, _SEE PAGE 2 OF 2. PAGE 1 OF 2 SKETCH OF LEGAL DESCRIPTION FOR: SEMINOLE TRAIL RIGHT-OF-WAY ABANDONMENT (NOT A SURVEY) EXHIBIT "A" LEGAL DESCRIPTION: THE WEST 20 FEET OF SEMINOLE TRAIL ADJACENT TO LOT 21,RIVERSIDE ESTATES AS RECORDED IN PLAT BOOK 5,PAGE 50,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA. BEING MORE PARTICULLARLY DESCRIBED AS FOLLOWS:BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 21, THENCE PROCEED EAST ON AN EASTERLY EXTENSION OF THE SOUTH LINE OF SAID OF LOT 21, A DISTANCE OF 20.00 FEET;THENCE PROCEED NORTH AND PARALLEL TO THE EAST LINE OF SAID LOT 21, A DISTANCE 131.50 FEET TO AN INTERSECTION WITH AN EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 21; THENCE PROCEED WEST ALONG SAID EASTERLY EXTENSION A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 21; THENCE PROCEED SOUTH ON FILE EAST LINE OF SAID LOT 21, A DISTANCE OF 131.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINNING 0.06 ACRES,MORE OR LESS. SKETCH OF LEGAL DESCRIPTION PREPARED BY:H.KIM PICKERING,PROFESSIONAL LAND SURVEYOR 4859, 7/9/18. REFERENCE JOB NO. 17-211 i SURVEYORS CERTIFICATE: I H.KIM PICKERING DO HEREBY CERTIFY THAT A AM A DULY LICENSED AND PRACTICING REGISTERED LAND SURVEYOR IN THE STATE OF FLORIDA; THAT THIS LEGAL DESCRIPTION SKETCH MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS,PURSUANT 1 dx ADMINISTRATIVE CODE CHAPTHER 5J-17. ERING, PROFESSIONAL LAND SURVEYOR NO 859 FL. THIS SKETCH OF LEGAL DESC N NOT VALID WITHOUT SIGNATURE AND EMBOSSED SEAL OF SAID SURVEYOR PICKERING &ASSOCIATES PROFESSIONAL LAND SURVEYING 612 HOLLY ROAD VERO BEAC9,FL 32943 Ph:772-231-9323 Celli 772-4804349 &mala: cam PAGE 2 OF 2 Ai Treasure Coast Newspapers TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Natalie Zollar,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below.Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or 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.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copyline PO fl 463755-INDIAN RIVER COUNTY PLANNING 2072956 NOTICE OF PUBLIC HEARING Notice of a Pub Dates July 29,2018 Sworn to and subscribed before me this day of,July 30,2018,by ` 9Ma� who is Natalie Zoll (X)personally known to me or ( )who has produced as identification. ‘\' W114 Karol Kangas Notary Public KAROLEKAKAS NotaryFUblk-State ofHorkla I. I fi CommksionfGG126011 MyComm.Expires Jul 29,2021 •..a•�,., landed IMmuch NriM WWI Met NOTICE OF PUBLIC HEARING Notice of a public hearing to consider a petition for the closing, abandonment, and vacation of the west 20 feet of Seminole Trail(a.k.a.10th Ave- nue)adjacent to Lot 21 of the Riverside Estates Subdivision, per Indian River County Plat Book 5,Page 50.A public hear- ing, at which parties in inter- est and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida in the Coun- ty Commission Chambers of the County Administration Building, located at 1801 27th Street, Vero Beach, Florida, on Tuesday,August 14,2018 at 9:00 AM. Anyone who may wish to appeal any decision, which may be made at this meeting, will need to ensure that a ver- batim record of the proceed- ings is made which includes the testimony and evidence upon which the appeal will be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY-s-Peter D.O'Bryan, Chairman Pub:July 29,2018 TCN 2072956 I Treasure Coast Newspapers TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Natalie Zollar,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below.Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or 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.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copyline PO tJ 463755-INDIAN RIVER COUNTY PLANNING 2094294 NOTICE OF ABANDONMENT Notice is here Pub Dates August 23,2018 Sworn to and subscribed before me this day of,August 23,2018,by 0Y�" eek who is Natalie Zoll (X)personally known to me or ( )who has produced as identification. 'k WW1 `yr Karol Kangas Notary Public : KAROLEIUNGAS ! h. Notary Pub&-State ofFlorida I Commission!GG 115041 `•' ?:' My Comm. as Jul 29,1021 "taut," loded NoKii Nitons NdirtM it • • NOTICE OF ABANDONMENT Notice is hereby given that Resolution 2018-078 was adopted by the Board of County Commissioners of Indian River County, Florida on August 14, 2018 vacating, abandoning, discontinuing, closing, renouncing, and dis- claiming any right or interest in the west 20 feet of Seminole Trail(a.k.a.10th Avenue)adja- cent to Lot 21 of the Riverside Estates Subdivision, per Indi- an River County Plat Book 5, Page 50, as described in the above-referenced resolution. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY-s-Peter D.O'Bryan, Chairman Pub:August 23,2018 TCN 2094294