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Home My WebLink About2019-074 3120190059430 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL RESOLUTION 2019- 07K: 3245 PG: 463 Page 1 of 7 10/11/2019 8:35 AM RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 5' WIDE PORTION OF A 70' RIGHT-OF-WAY FOR 24TH STREET LYING WEST OF 44TH AVE ADJACENT TO THE NORTH PROPERTY LINE OF LOT 1, BLOCK 5 OF THE HEALTHLAND SUBDIVISION, PER INDIAN RIVER COUNTY PLAT BOOK 4, PAGE 39, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, WITH RETAINAGE OF A PUBLIC DRAINAGE AND UTILITY EASEMENT OVER THE ENTIRE AREA. WHEREAS, Indian River County originally received a duly executed and documented petition from Edisson E. Vasquez on September 6, 2018, 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 5'wide portion of 70'right-of-way for 24th Street lying west of 44th Ave,adjacent to the north property line of Lot 1, Block 5 of the Healthland Subdivision, Indian River County, Plat Book 4, Page 39, 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 SOUTHERLY 5.0 FEET OF A 70.0 FEET RIGHT OF WAY, KNOWN AS 24th STREET, LYING WEST OF 44th AVENUE AND ADJACENT TO THE NORTH LINE OF LOT 1,BLOCK 5 OF THE PLAT OF HEATHLAND SUDIVISION, PLAT BOOK 4, PAGE 39, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. (CONTAINING 600± SQ, FT.) Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated except that a public drainage and utility easement shall be retained over the entire 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. RESOLUTION 2019-074 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 1 Block 5 of the Heathland Subdivision, subject to a public drainage and utility easement over the entire area. The foregoing resolution was offered by Commissioner zorc who moved its adoption. The motion was seconded by Commissioner Adams ,and upon being put to a vote, the vote was as follows: Chairman Bob Solari AYE Vice Chairman Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Tim Zorc AYE Commissioner Peter D. O'Bryan AYE The Chairman thereupon declared the resolution duly passed and adopted this 17th day of September , 2019. •1'�ph14 =;f BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA '* •� • *`• Bob Solari, Chairman '9 . • , ATTEST: Je R. Smith, lerk/�off Court and Comptroller BY: altPl YII Deputy Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Randi Wardlow , and Bob Solari 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. RESOLUTION 2019-074 WITNESS my hand and official seal in the County and State last aforesaid this 17thday of September , 2019. I-Cm niZei / ItiCrid Notary Public .'' +� new!LUDWIG APPROVED AS TO LEGAL SUFFICIENCY 1 « • MY COMMON.0082i6 8 EXPIREtApd0.2023 } 6orabellw • feGotMdeoaNwo BY: /0/2\. 4Pylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: k Roland M. DeBlois, AICP, Interim Director Community Development Department SKETCH & DESCRIPTION SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST (NOT A BOUNDARY SURVEY) PURPOSE FOR RIGHT OF WAY ABANDONMENT SHEET 1 OF 2 NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 LEGAL DESCRIPTION: THE SOUTHERLY 5.0 FEET OF A 70.0 FEET RIGHT OF WAY, KNOWN AS 24th STREET, LYING WEST OF 44th AVENUE AND ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 5 OF THE PLAT OF HEATHLAND SUDIVISION, PLAT BOOK 4, PAGE 39, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. (CONTAINING 600± SO, FT.) SURVEYORS NOTES: 1. SEE SKETCH PREPARED BY: SM ■ T SURVEYING 8c MAPPING, INC. �. 1350 MALABAR ROAD S.E., SUITE 1 , PALM BAY, FLORIDA 32907 K A. SMITH — FLORIDA ERTIF1CATE NO. 4457 Phone (321)724-2940 Fax(321)951-4879 (NOT VALID UNLESS SIGNED AND SEALED) E—MAIL: SMITHSURVEYINGFL 0 GMAIL.COM PREPARED FOR: EDISSON VASQUEZ DRAWN BY: K. CALLAHAN CHECKED BY: A. SMITH DRAWING NO. 19-0262 SECTION 4 REVISIONS 8-5-2019 TOWNSHIP 33 SOUTH DATE: AUGUST 5, 2019 SHEET 1 OF 2 RANGE 39 EAST EXHIBIT A Page 1 of 2 SKETCH & DESCRIPTION SHEET 2 OF 2 SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 (NOT A BOUNDARY SURVEY) N w s LOT a s BLOCK 2 SCALE: 1" = 30' 1"PIPE NO I.D. I'PAC NO LD. s sevzroaI 120.00' ---% -\ a I 4 I 24RD STREET(PLAT) I 2' IAMB CURB i 24 STREET(POSTED) I RIGHT-DF-WAY VARIES ASPHALT I to — --r--- — — — — — l o-- — — I l o ti 2'WAN CURB I - 1 6 I I I^ c ! 4' CONC. WAD( yI W 1 moo. oo b S89'27'03-E 120.00' I o 0 00 �00 FirmI di P ui 0o ROD 0 N89'27'031'W 120.00' Z In' LS a�w J o NO I.D. V2'ROO I NO t0. Z _0 N I d o o CO 0CO c.6 iti n = N LOT 1 �' CV •n BLOCK 5 LLZ1-- - oJZY W 3 I a m o HEATHLAND SUBDIVISION g W (nP in PLAT BOOK 4, PG. 39 0 z~ g O PUBLIC RECORDS OF O Y a Z INDIAN RIVER COUNTY FLORIDA N Z a 4 IWC >4 1 3'PUBLIC UTILITY EASEMENT T . Q'LLO 1/2'ROD 0 �„VVVV NO I.D. / N89'27'03"W 120.00' \ltz.Roo Fn r--- NO I.D. O: LOT 2 S v SIo BLOCK 5 E I PREPARED BY: $ M ■ TI SURVEYING Bc 1 MAPPING, INC. 1 1350 MALABAR ROAD S.E., SUITE 1 , PALM BAY, FLORIDA 32907 DRAWING NO. 19-0262 Phone (321)724-294-0 Fax(321)951 4879 E-MAIL: SMITHSURVEYINGFL ® SIAM COM EXHIBIT A Page 2 of 2 Treasure Coast Newspapers PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1,Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING Notice of a public hearing to consider a petition for INDIAN RIVER COUNTY PLANNING the closing, ahao5' d, eent 1801 27 TH STREET portion of a 70' right-of- way for 24th Street lying west of 44th Ave on the VERO BEACH,FL 32960 north side of Lot 1, Block 5 of the Healthland Subdi- vision, Indian River Coun- ty Plat Book 4, Page 30. STATE OF WISCONSIN A public hearing, at which parties in interest and citi- COUNTY OF BROWN seas shall have an opw ne tunity to be heard, will be held'by the Board uf Conn- Before the undersigned authority personally appeared,said ty Commissioners of legal clerk,who on oath says that he/she is a legal clerk of Indian hRe C sCtunt, Flor- ida in thr. County Lanunis- the Indian River Press Journal,a daily newspaper sign Chambers of the published at Vero Beachin Indian River Press Journal,a County Administration Building, located at 1801 daily newspaper published at Vero Beach in Indian River 27th Street, Vero Bench, County,Florida:that the attached copy of advertisement Florida, 17,.m Tuesday, Sep- I,emi�er 2019 at 9;110 was published in the Indian River Press Journal in the AM. following issues below.Affiant further says that the said Anyone who may wish to Indian River Press Journal is a newspaper published in appeal any decision, at Vero Beach in said Indian River County,Florida,and that which may he made this meeting, will need to said newspaper has heretofore been continuously ensure that a verbatim re- published in said Indian River County,Florida,daily and mad of the proceedings is made which includes the distributed in Indian River County,Florida,for a period of testimony and evidence one year next preceding the first publication of the attached upon which the appeal will tic based. copy of advertisement;and affiant further says that she has neither paid or promised any person,firm or corporation INDIAN RIVER COUNTY BOARD OF COUNTY any discount,rebate,commission or refund for the purpose COMMISSIONERS of securing this advertisement for publication in the said BY -s- Bob Solari, Chair- man newspaper. the Indian River Press Journal has been Pub: September 1, 2019 ICN entered as Periodical Matter at the Post Offices in Vero 3746572 Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertiseme'Iit. tt ptember 1,2019 Subscribed and sworn to ore on September 5,2019: • A.(A. .YVA.air\60,2 r ..i.�. Notary.State of WI.County of Brown TARA MONDLOCII Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$80.37 Ad No:0003746572 Customer No: 1310785 PO#: healthland subdivision Treasure Coast Newspapers PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1,Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION NOTICE OF ABANDONMENT Notice is hereby given that Resolution 2019-074 was adopted by the Board of County Commissioners of INDIAN RIVER COUNTY PLANNING Indian River County, Florida 1801 27 TH STREET on Seplernbor 17, 2019 vecaling, abandoning, discontinuing, closing. re- nouncing, and disclaiming any VERO BEACH,FL 32960 right or interest Ina 5' wide portion of a 70' right-el-way for 24th Street lying west of STATE OF WISCONSIN 44th Ave on the north side of Lot 1. Block 5 of the COUNTY OF BROWN Healthland Subdivision as de- scribed in the above- referenced resolution, reserv- Before the undersigned authority personally appeared,said rig certain rights to the Coun- legal clerk,who on oath says that he/she is a legal clerk of INDIAN RIVER COUNTY the Indian River Press Journal,a daily newspaper BOARD OF COUNTY COMMIS- SIONERS at Vero Beachin Indian River Press Journal,a BTONERS publishedBY-s-Bob Solari,Chairman daily newspaper published at Vero Beach in Indian River Publish:Sept.22,2019 County,Florida:that the attached copy of advertisement TCN3797617 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. September 22,2019 Subscribed and sworn to before on October 8,2019: -.-:,[Lkti .4-Yl.ay\(:ILI.pc�(t.ti> Notary Stale of WI.County of Brown i — TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$44 46 Ad No:0003797617 Customer No:1310785 PO#: