HomeMy WebLinkAbout2019-090 ti
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RESOLUTION 2019-090
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF A 130' LONG
SEGMENT OF THE 70' WIDE 57TH AVENUE RIGHT-OF-WAY SOUTH OF 97TH,
PLACE AS PLATTED IN THE TROPICANA HOMESITES SUBDIVISION,
INDIAN RIVER COUNTY PLAT BOOK 4,PAGE 20,OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA, WITH RETAINAGE OF A 10' WIDE
PUBLIC DRAINAGE AND UTILITY EASEMENT OVER THE SOUTH 10'.
WHEREAS, Indian River County originally received a duly executed and documented
petition from Mark W. Plate on April 11, 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 130' long segment of the 70' wide 57th Avenue Right-of-Way South of 97th Place in the Tropicana
Homesites Subdivision, Indian River County, Plat Book 4 Page 20, of the Public Records of Indian
River County, Florida; and
WHEREAS, in accordance with Section 336.10, Florida Statutes 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:
WEST HALF
A 35 foot wide strip of land being the West 1/2 of Palmetto Avenue(now known as 57th
Avenue) right-of-way(r/w) as shown on TROPICANA HOMESITES, according to the
Plat thereof, asrecorded in Plat Book 4, Page 20, of the Public Records of Indian River
County,Florida,being bounded on the North by the Easterly extension of the North line
of Block"A" of said TROPICANA HOMESITES and on the South by the South line of
said TROPICANA HOMESITES, said strip more particularly described as follows:
BEGINNING at the Northeast corner of Lot 5, Block A, of said TROPICANA
HOMESITES, proceed,South 89°40'10" East along the Easterly extension of the North
line of said Block"A"a distance of 35.00 feet to a point in the centerline of 57th Avenue;
thence South 00°19'50" West along said centerline a distance of 130.00 feet to a point
on the South line of said TROPICANA HOMESITES; thence North 89°40'10" West
along the South line of said TROPICANA HOMESITES a distance of 35.00 feet to the
Southeast corner of said Lot 5,Block A;thence North 00°19'50"East along the East line
of said Lot 5, Block A a distance of 130.00 feet to the POINT OF BEGINNING.
3120190060641
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3246 PG: 1490 Page 1 of 8 10/17/2019 9:07 AM
RESOLUTION 2019- 090
Containing an area of 4550 square feet, or 0.104 acres,more or less.
SUBJECT TO a 10 foot wide public utility easement over the South 10 feet thereof.
EAST HALF
A 35 foot wide strip of land being the East 1/2 of Palmetto Avenue (now known as 57th
Avenue) right-of-way (r/w) as shown on TROPICANA HOMESITES, according to the
Plat thereof, as recorded in Plat Book 4, Page 20, of the Public Records of Indian River
County,Florida,being bounded on the North by the Easterly extension of the North line
of Block "A" of said TROPICANA HOMESITES and bounded on the South by the
South line of said plat of TROPICANA HOMESITES, said strip more particularly
described as follows:
Commencing at the Northeast corner of Lot 5, Block A, of said TROPICANA
HOMESITES, proceed South 89°40'10" East along the Easterly extension of the North
line of said Block "A" a distance of 35.00 feet to a point on the centerline of 57th
Avenue, said point being the POINT OF BEGINNING; thence continue South
89°40'10" East along said Easterly extension a distance of 35.00 feet to a point on the
East line of said TROPICANA HOMESITES; thence South 00°19'50" West along said
East line a distance of 130.00 feet to the Southeast corner of said TROPICANA
HOMESITES;thence North 89°40'10" West along the South line of said TROPICANA
HOMESITES a distance of 35.00 feet to a point on the centerline of said 57th Avenue
r/w; thence North 00°19'50" East along said centerline a distance of 130.00 feet to the
point of beginning.
Containing an area of 4550 square feet, or 0.104 acres, more or less.
SUBJECT TO a 10 foot wide public drainage and utility easement over the South 10
feet thereof.
Lying and being in Indian River County, Florida, is hereby forever closed, abandoned,
renounced, disclaimed, and vacated except that a 10' wide public drainage and utility
easement shall be retained over the south 10' (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 Section 336.10 Florida Statutes 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 5 Block A of the
Tropicana Homesites Subdivision, subject to a 10' wide drainage and utility easement over
the south 10'.
RESOLUTION 2019- 090
The foregoing resolution was offered by Commissioner Flescher who moved its
adoption. The motion was seconded by Commissioner zorc , and upon being put to
a vote,the vote was as follows:
Chairman Bob Solari AYE
Vice Chairman Susan Adams AYE
AYE
Commissioner Joseph E. Flescher
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan AYE
The Chairman thereupon declared the resolution duly passed and adopted this 1st day of
October 2019.
BOARD OF COUNTY COMMISSIt&FRS -• .4,\
INDIAN RIVER COUNTY, FLORP‘ tp -.. 1
BY: �u,
Bob Solari, Ch roan %s,p 7...
.t'RIVER�,:\ ''
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY: ga..etre"...a.e.—L.A..--
Deputy Cler
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 Bob Solari ,and 'Jacqueline 'Rizzo
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 this 1stday of
October , 2019.
K_ rqb LA-e;+lc)
Notary Public
e.l ,: KIMBERLY K.MORRAN°
41 1.1 MY COMMISSION#GG 321698
-S-:`,.; EXPIRES:Apra 9,2023
c•-•Ztr,‘P fronded Thru Notary Public Undenw tern
RESOLUTION 2019- 090
APPROVED AS TO LEGAL SUFFICIENCY
BY: �Le
illiam K. DeBraal, P eputy County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
Roland M. DeBlois, AICP, Interim Director
Community Development Department
97th PLACE 70' R/W S. TROPICANA DRIVE (P)
GRAPHIC SCALE S89'40'10"E 70.00'
0 10 20 40P.O.B. )///j j 0' 35.00'
N.E. CORNER ELY. EXTENSION OF S89°40 10 E
LOT 5, BLOCK A /N. UNE BLOCK "A"
(IN FEET) 1 inch=20 ft. Q ///// /
/DESCRIBED/
o a ! /PARCEL'/ oNOTEs:
1. This is not a survey. o r€) O
Uo
m W / / _
2.Reproductions of this
sketch are not valid unlessF-16 1 PALMETTO AVE. (P)
it bears the signature and o0
original raised seal of a J ao 0)
Florida licensed Surveyor & cn z J 57th AVENUE `V
/ / w
Mapper. m ,
3. This is an original < (.70 N w 70 R W Z r,
I n P.B.I. PG. 20 W
description prepared per — R
client request. O O C7 p •
J= 0- w m
mQI--
Z < O
m WEST 1/2 /_ EAST 1/2 _ a.
1
/4P.O.B.E OIDNT OF BEGINNING 550 SQ. FT. 4550 SQ. 'FT.
P.B.I.=PLAT BOOK INDIAN RIVER I— /0.104 AC. ± 3 0.104 AC. ± N
C / OUNTY PUBLIC RECORDS \
bi
O.R.B.=OFFICIAL RECORDS BOOK L .. 0
R/W=RIGHT OF WAY cc rx
(P)=PLAT II) a.
COR.=CORNER m 0 W a W
C5 t .c a
ZW 0 ,i IO 10
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m(r) O = O O
Q 1130 z z (O!)
L,
U
90-00'00-(p)— I S.E. CORNER
/SOUTH LINE OF TROPICANA
TROPICANA HOMESITES HOMESITES
'�//%
10' PUBLIC UTILITY / 10' PUBLIC U77L17Y • ,
EASEMENT PER PLAT EASEMENT/ / N89'40 10 W
_....//,35°00' 35.00'
S.E. CORNER N89'40'10'W 70.00'
LOT 5, BLOCK A
LEGAL DESCRIPTION UNPLATTED GOLF COURSE
A 35 foot wide strip of land being the West 1/2 of Palmetto Avenue (now known as 57th Avenue) right—of—way (r/w) as shown on
TROPICANA HOMESITES, according to the Plat thereof, as recorded in Plat Book 4, Page 20, of the Public Records of Indian River County,
Florida, being bounded on the North by the Easterly extension of the North line of Block "A" of said TROPICANA HOMESITES and on the
South by the South line of said TROPICANA HOMESITES, said strip more particularly described as follows:
BEGINNING at the Northeast corner of Lot 5, Block A, of said TROPICANA HOMESITES, proceed South 89'40'10" East along the Easterly
extension of the North line of said Block "A" a distance of 35.00 feet to a point in the centerline of 57th Avenue; thence South
00'19'50" West along said centerline a distance of 130.00 feet to a point on the South line of said TROPICANA HOMESITES; thence North
89'40'10" West along the South line of said TROPICANA HOMESITES a distance of 35.00;.feet"to the Southeast corner of said Lot 5,
Block A; thence North 00'19'50" East along the East line of said Lot 5, Block-A a distance',of 130.00 feet to the POINT OF BEGINNING.
Containing an area of 4550 square feet, or 0.104 acres, more or less.
SUBJECT TO a 10 foot wide public utility easement over the South 10 feet.threreo�\1111'' 11'!///7,
\�\ \�.\ E B. -t.,,,,,,1,
SKETCH OF DESCRIPTIONIVVI , D PER IR CO. — 3/1/19
William B. Zentz & Associates, Inc j = c''''..: t, JOB No.
Professional Surve'rn' &M ng, — 21 NO-527 s 206-001
...);'::::: �� "/°"'F' '''''- DATE
w CERTIFICATE OF AUTHORIZATION (LB) No. 6840 .._
684 Old Dixie Highway � �+�1 *� // 1/29/19
Vero Beach, FI 32962 s c Wir- M;B• v -;� '��� �, SHEET OF
Phone: (772) 567-7552 V. :STATErt�EE'1 /ND'SURi YOR,No. .5276
Fax (772) 567-1751 STATE TQ' FL'R/DA�1\� 1 1
Exhibit "A" Pane 1 of 9
•
97th PLACE 70' R/W
S. TROPICANA DRIVE P)
GRAPHIC SCALE S89'40'10"E 70.00'
0 10 20 40 P.O.C. /ii. 35.00'
V/35.007
/2//35.00'//
N.E. CORNERS89'40'1
E'LY. EXTENSIONOK / / 0LOT 5, BLOCK A N. LINE BLOCK "A" //
(IN FEET) 1 inch=20 ft. P.O.B. DESCRIBED °e°o
a
Ce Lu //PARCEL / zW
NOTES: z o•
o/ o'Q
Liu rM M/ m
1. This is not a survey. Q j r Q
W
2. Reproductions of this
I.sketch are not valid unless PALMETTO AVE. (P)
it bears the signature and r=
original raised seal of a yr rn
Florida licensed Surveyor & (/) 57th AVENUE
Mapper. ::...i_..., ///
m
Q in o 0. 70' R/W / W
3. This Is an original w cVoz
description prepared per U "n P.B.I. 4, PC. 20 N
client request. O O 6 a cd
m - /zLo< U
�
IT_
o
LEGEND ° mo WEST 1/2 /EAST 1/2 W I
4550 SQ. FT. /4550 SQ. FT. z
P.O.B.=POINT OF BEGINNING J w J N
P.B.I.=PLAT BOOK INDIAN RIVER I— 0.104 AC. + /0.104 AC. ± W
COUNTY PUBLIC RECORDS J
O.R.B.=OFFICIAL RECORDS BOOK / 0
R/W=RIGHT OF WAY cc Cc
(P)=PLAT / 0_
COR.=CORNER W a W 3,
O -g O O
t 10/
a) to 10
z O ) W FLLI
~-
r r
Lo
o O of
Z zz cn z
EASEMENT PER PLAT EASEM
U
E
90'00'00"
SOUTH LINE /S.E . CORNER
TROPICANA HOMESITES TROPICANA HOMESITES
27 j....1_ / ////
UTILITY10' PUBLIC 10EUTILITY N891401 O"W
35NT.00' �f/35.00'
S.E. CORNER-----..- N89"4-0'1 0"W 70.00'
LOT 5, BLOCK A UNPLATTED — GOLF COURSE
LEGAL DESCRIPTION
A 35 foot wide strip of land being the East 1/2 of Palmetto Avenue (now known as 57th Avenue) right—of—way (r/w) as shown on
TROPICANA HOMESITES, according to the Plat thereof, as recorded in Plat Book 4, Page 20, of the Public Records of Indian River County,
Florida, being bounded on the North by the Easterly extension of the North line of Block "A" of said TROPICANA HOMESITES and bounded
on the South by the South line of said plat of TROPICANA HOMESITES, said strip more particularly described as follows:
Commencing at the Northeast corner of Lot 5, Block A, of said TROPICANA HOMESITES, proceed South 89'40'10" East along the Easterly
extension of the North line of said Block "A" a distance of 35.00 feet to to a point on the centerline of 57th Avenue, said point being
the POINT OF BEGINNING; thence continue South 89'40'10" East along said Easterly extension a distance of 35.00 feet to a point on the
East line of said TROPICANA HOMESITES; thence South 00'19'50" West along said: East, line a distance of 130.00 feet to the Southeast
corner of said TROPICANA HOMESITES; thence North 89'40'10" West along the South line of said TROPICANA HOMESITES a distance of
35.00 feet to a point on the centerline of said 57th Avenue r/w; thence North 00'1 50" East along_said centerline a distance of 130.00
feet to the point of beginning. , 4 '
Containing an area of 4550 square feet, or 0.104 acres, more or less. T', \\\\\04...-1,4;4000,i°',,'•:,,-,;:;',-.''::!'1, -.1
SUBJECT TO a 10 foot wide public utility easement over the South 10,feet the•[eof\\� '. Zr/�/j. a
SKETCH OF DESCRIPTION ',s,':,,A.,,,:' �;' ' ,,c,F ic,, ,fgEOsER, PER IR CO. - 3/1/19
William B. Zentz & Associates, Inca.`;` , - : 4 JOB No.
„No5276:',::7, 1;',; 206-001
Professional Surveying&Mapping
\AZ CERTIFICATE OF AUTHORIZATION (LB) No. 6840 r= '« C° DATE
684 Old Dixie Highway 1/29/19
Vero Beach, Fl 32962 �'any 4��" ° i 4f
Phone: (772) 567-7552 u' `ITE M B ;3PRVElA\ SHEET OF
Fax : (772) 567-1751 i [3/,T�RED ; OR No.-5276 1 1
5TA77 `DFl ltl�
?'Fyihil it",4" Pana 9 of 9
•
' -Cieasure Coast News' -aipers
4 E
PART.OETHE USA TODAY WEDAtC)4i "
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 the
closing, abandonment, and
vacation of a 130' long seg-
INDIAN RIVER COUNTY PLANNING ment of the 70' wide 57th
1801 27 TH STREET Avenue Right-of-Way South
of 97th Place in the Tropicana
Homesites Subdivision, Indian
VERO BEACH,FL 32960 River County Plat Book 4 Page
20. A public hearing, at which
parties in interest and citizens
shall have an opportunity to
STATE OF WISCONSIN be heard, will be held by the
Board of County Commission-
COUNTY OF BROWN ers of Indian River County,
Florida in the County Commis-
sion Chambers of the County
Before the undersigned authority personally appeared,said Administration Building, :lo-
legal clerk,who on oath says that he/she is a legal clerk of Vero at 18 Fl 27th Street,
g y g Vero Beach, Florida, on Tues-
the Indian River Press Journal,a daily newspaper day, October 1, 2019 at 9:00
published at Vero Beachin Indian River Press Journal,a AM.
daily newspaper published at Vero Beach in Indian River Anyone who may wish:to ap-
pealCounty,Florida:that the attached copy of advertisement be made att this
aaion, which may
meeting, will
was published in the Indian River Press Journal in the need to ensure that a verba-
timfollowing issues below.Affiant further says that the said irecord of the proceedings
is made which includes. the
Indian River Press Journal is a newspaper published in testimony and evidence upon
Vero Beach in said Indian River County,Florida,and that which the appeal will be
based.
said newspaper has heretofore been continuously
TY
published in said Indian River County,Florida,daily and INDIAN RIVERC
BOARD OF COUNTYTCOMMIS"-
distributed in Indian River County,Florida,for a period of SIONERS
one year next preceding the first publication of the attached BY Pub: eBptb mbSoleri,Chairman019
September 15, 2019 TCN
copy of advertisement;and affiant further says that she has 3777505
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.
641/40(.,
September 15,2019
(13/
Subscribed and sworn to before on September 16,2019:
-_._,)G2.t_o-_..Yv1.ay\.c4u..:Dc iia:)
Notary.State of WI.County of Brown •
r
ARA MONDLOCH
Notary Public
ti3te of Wisconsin
My commission expires August 6,2021
Publication Cost:$68.40
Ad No:0003777505
Customer No:1310785
PO#:
' f
Treasure Coas'L.New papers
PART OFT}dE 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 2019-090 was
adopted by the Board of
County Commissioners of
INDIAN RIVER COUNTY PLANNING Indian River County, Florida
1801 27 TH STREET on October 1, 2019 vacating,
abandoning, discontinuing,
closing, renouncing, and •
or inter-
VERO BEACH, FL 32960 estcin�ai 130' longght segment of
the 70' wide 57th Avenue
Right-of-Way South of 97th
STATE OF WISCONSIN Place in the Tropicana Home-
sites Subdivision, Indian River
COUNTY OF BROWN County Plat Book 4 Page 20 as
described in the above-
referenced resolution, reserv-
Before the undersigned authority personally appeared,said ing certain rights to the Coun-
legal clerk,who on oath says that he/she is a legal clerk of ty.
the Indian River Press Journal,a daily newspaper INDIAN RIVER COUNTY
published at Vero Beachin Indian River Press Journal,a BOARD OF COUNTY
COMMISSIONERS •
daily newspaper published at Vero Beach in Indian River BY-s-Bob Solari,Chairman •
County,Florida:that the attached copy of advertisement TCbN382777369'2019
•
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.
Octobber 9,2019
Subscribed and sworn to before on October 11,2019:
.I')61.,1- l'v1.av\r.A_C
Notary.State of WI.County of Brown
TARA MON DLOCH
Notary Public
State of Wisconsin
T.=....-..,•....nom+++,. ... ......_.... ...... ...
My commission expires August 6,2021
Publication Cost:$46-17
Ad No:0003827736
Customer No: 1310785
PO#: