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Home My WebLink About2020-0353120200023439 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT RESOLUTION 2020- 035 INDIAN RIVER COUNTY FL BK: 3295 PG: 2406 Page 1 of 6 4f27/2020 3:25 PM RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 30' WIDE PORTION OF A 80' RIGHT-OF-WAY FOR 4TH AVENUE SE LYING SOUTH OF 12TH PLACE SE RIVER SHORES ESTATES PER INDIAN RIVER COUNTY PLAT BOOK 7, PAGE 32, AND ADJACENT TO THE WEST PROPERTY LINE OF LOT 1, UNIT 3 OF THE RIVER SHORES ESTATES SUBDIVISION, PER INDIAN RIVER COUNTY PLAT BOOK 7, PAGE 55, 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 Michael & Jill Bentley on November 27, 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 30' wide portion of a 80' right-of-way for 4th Avenue SE lying south of 12th Place SE River Shores Estates Indian River County Plat Book 7, Page 32, and adjacent to the west property line of lot 1, unit 3 of the River Shores Estates subdivision, Indian River County Plat Book 7, Page 55, 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 EAST 30.00 FEET OF 4TH AVENUE S.E. (UNIMPROVED ROAD RIGHT OF WAY) LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF 12TH PLACE S.E., RIVER SHORES ESTATES UNIT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 07, PAGE 32 OF THE PUBLIC RECORDS OF INDIAN RIVER CO., FLORIDA. AND THAT PORTION OF 4TH AVENUE S.E. (UNIMPROVED ROAD RIGHT OF WAY) LYING SOUTH OF 12TH PLACE S.E. RIVER SHORES ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 07, PAGE 55 OF THE PUBLIC RECORDS OF INDIAN RIVER CO., FLORIDA. SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0.37 ACRES MORE OR LESS ' RESOLUTION 2020- 035 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. 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 Unit 3 of the River Shores Estates Subdivision Plat Book 7, Page 55, subject to a public drainage and utility easement over the entire area. The foregoing resolution was offered by Commissioner Peter D. O'Bryan who moved its adoption. The motion was seconded by Commissioner Tim Zorc , and upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari AYE AYE AYE AYE ABSENT The Chairman thereupon declared the resolution duly passed and adopted this 7 day of April , 2020. BOARD OF COUNTY COMMISSION IN BY: R COUNTY, ams, Chairman RESOLUTION 2020- 035 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller or cr+4 M)aS//W 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 Susan Adams , and Randi Wardlow 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 7th day of April , 2020. 12.e. /l- /bt-v�nv Notary Public j APPROVED AS TO LEGAL SUFFICIENCY BY: .Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: P illip J. atson, AICP, Community Development Department LEGAL DESCRIPTION' THE EAST 30.00 FEET OF 4TH AVENUE 5.E. CUNIMPROVED ROAD RIGHT OF WAY.) LYING SOUTH OF THE SOUTH RIGHT—OF—WAY LINE OF 12TH PLACE S.E., RIVER SHORES ESTATES UNIT 1. ACCORDING TO THE PLAT THEREOF A5 RECORDED IN PLAT BOOK 07. PAGE 32 OF THE PUBLIC REGORDS OF INDIAN RIVER GO.. FLORIDA. AND THAT PORTION OF 4TH AVENUE 5.E. CUNIMPROVED ROAD RIGHT OF WAY) LYING SOUTH OF 12TH PLAGE S.E. RIVER SHORES ESTATES UNIT 3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 07. PAGE 55 OF THE PUBLIC RECORDS OF INDIAN RIVER CO., FLORIDA. SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. GONTAINING 0.37 ACRES MORE OR LESS R=25\ L=39.34' D=90'09' z N I— co F- O LD (5 C\1 w 0_ O ac O a- t d) lc 62 C-� 54.93' 12Th1 PLACE 5.E. C GO' R/W 5. R/W LINE OF 12TH PLAGE 5.E. 75.07' 0 O N1-1 ( SOUTH LIMITS OF. .0 R=25.00'CNR.) L=39.20' D=89°51'00" 0 O LOT 1 0 WILL2-AM `a'1-e'i PROFESSICINAL.... SUR'E,'�R, E. IFIAF.r-P ER FLORIDA REG±TRATaIiN 4,13 4 18 RIVER SHORES ESTATES. UNIT 3 PB 7. PG. 55 0 o co SOUTH LIMITS OF PLAT CANAL "P" (50' CANAL R/W) STATE ROAD OUTFALL DITCH PER FLORIDA DEPARTMENT OF TRANSPORTATION R/W MAP SECTION 55010-2504 DATE SIGNED LOT 2 *SKETCH 15 NOT A SURVEY* THIS DRAWING AND COPIES THEREOF, ARE. NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. HAYHURST LAND SURVEYING INC. CERTIFICATE Of AUTHORIZATION N.11 CER CLD. 7364) SURVEYING L MAPPING COMPANY 445 9TH ST. S.W. Unit -7 VERO BEACH, FL, 32962 PHONE: (772) 569-6680 FAX: (772) 770-3446 hayhurstlsOlive.com EXHIBIT "A" siw5KETC1-1 DATE INT. REVISIONS: °RA'" °'° LE.H. aHETKED w.E.H. HELD aDa° SEE P"`E Ra FILE DATE PREP. 10/22/19 SEMI' 1"=30' " 99-272L Treasure Coast Newspapers PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk 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. 03/15/2020 Subscribed and sworn to before on March 15, 2020: Notary, State of WI, County of Brown IA RA MONDLOCH Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $73.53 Ad No: 0004105019 Customer No: 1310785 PO #: # of Affidavits NOTICE OF PUBLIC HEARING Notice of a public hearing to consider a petition for the closing, abandonment, and vacation of the east 30' of the 80' wide 4th Ave SE right-of- way just south of 12th PL SE as recorded in River Shores Es- tates Unit One Subdivision in Plat Book 7, Page 32 and lying west of Lot 1, Unit 3 of River Shores Estates as recorded in Plat Book 7, Page 55. A public hearing, at which parties in interest 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 County Commission Chambers of the County Ad- ministration Building, located at 1801 27th Street, Vero Beach, Florida, on Tuesday, April 7, 2020 at 9:00 AM. Anyone who may wish to ap- peal any decision, which may be made at this meeting, will need to ensure that a verba- tim record of the proceedings is made which includes the testimony and evidence upon which the appeal wit be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS BY -s- Susan Adams, Chairman Pub: March 15, 2020 TCN 4105019 Treasure_ Coast Newspapers PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk 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. 04/22/2020 Subscribed and sworn to before on April 22, 2020: 1)(.)a r _ t V\ t -v, r_G.l Notary, State of WI, County of Brown f "EARA MONDLOCH No)la'y Public State o1 Wisconsin My commission expires August 6, 2021 Publication Cost: $47.88 Ad No: 0004155478 Customer No 1310785 PO #: 4155478 # of Affidavits1 NOTICE OF ABANDONMENT Notice is hereby given that Resolution 2020-035 was adopted by the Board of County Commissioners of Indian River County, Florida on April 7, 2020 vacating, abandoning, discontinuing, closing, renouncing, and disclaiming any right or inter- est the east 30' of the 80' wide 4th Ave SE right-of-way just south of 12th PL SE as re- corded in River Shores Estates Unit One Subdivision in Plat Book 7, Page 32 and lying west of Lot 1, Unit 3 of River Shores Estates as recorded in Plat Book 7, Page 55 as descri- bed in the above -referenced resolution, reserving certain rights to the County. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS 8Y -s- Susan Adams, Chairman Pub April 22, 2020 TCN41 55478