HomeMy WebLinkAbout1952-005x.
YMOWrs
WM iRM, the City of Vero Beach, Florida, filed a written petition
for ]seed with the Fioal- of County CoaQnieeiojw,,;v of Indian River County, Florida,
said written 11otition being verified and filed with thoclork of the Bound of
County Ccmnisaianera of Indian River Coivaty, Florida, and set out in the minutoe
of Board Of County Co iaionore of 'Indian River County, Florida, at Minute
Boole 3, Page 233, and page 234, grad
WHRiCAC, by P000lution duly adopted by tbrr 1AoarA of County Cmnirerlonere
Of iadian River County, Ylorlda, on October 2, 1945, end net out in County
Canklosioner Minute Book 3, PatfA 234 and ?3% the Boar4 or County Ccrmrinnionern
Of UdIon River County, Florida, approved said appliattina of the City nr Vero
/Beaopy eard authOritati the ooftra'aumo wear Chapter 2281A to the City of Vero
Bsach, Florida, of
Lot 1, Block 1, Walter Bitchini, Jr. 3uhdiviaion, and
f car laude,
t and
,
"F"xi a, by abed daatnd Ock4)or 2, 194', :rocorded iirWcebsr 6, 1945 In
Dead Book 44, ya„e 149, Indian Rtvar Cote romrdo, the Board of Cwunty Canis_
sinners Of Itudlara River County, F torida, and the aeaabare tbaraof ennveyed to
the City o1 Vero Beach,
Lot 'S, Block 1, Walter KitthIng, Jr. 304tvUlm, and
toter ianda,
IUA'
'*7n4w, ParwWWA to Cbiapter apwtq, Acts of P11014a Le ialatmra, I945,
the City or V,<ro Be",# rjoriaia, hoe .'ilad vith ah,, hoorti of Coeanty t r .iaalonera
of iridian diverCtamt4, iyloridx, a asrifiod arittan j.,titton Setting forth that
It tad beaus ov„rInQkn l that Lot 5, Bik.l,Wmlte+r IlitrhirrCr, Jr. 1lab01ivialon had
been yrnvionusiy deKiicarevi to pnbiic uses, and that such dadic*%iOU had; not been
revoked at tha tiafa of the pangs of the abova Ranolutirar and the CWWeyance
urrdnr tho Tread above described, and
WHIRPA3, by Raaoluticn herstoforn adapted an this day, UL Hoard of
County CaZ Imsiouern of Indican Enver County, Florld.+a, loin revoked the dedication
of that part of
Lot 5, Block 1, of Walter Ritching,a 3tubdiviaicxn, according
to Plat thereof recorded in J lat Book '+, Paas 5, 3t. Lucie
County records described an folloan, to -wit:
B09tMling at a point on the Fant boundary line of
Lot 5, Block 1, Walter Kitching 3Ubdivision, which le
52-07 feet South of the ", Corner of said Lot 5, run
North alcuig the Nast line of said Lot a a distance of
52-07 feet to thaNX Corner of said Lot 5, thence rim
West along the North boundary line of said lot a die -
Lance of 13-67 feet, thence run Southeasterly along
the tkstorlv boundary line of Ocean Drive a distance or
53.84 foot to point of beginning,
and,
WMW, tha City of Fero '.4ctch bas Molt A petitions Vith the
Board of County Comminalonerd Of Indian River County, Florl4A, bol" * vert-
fieri written petition, reciting tiv,- facts ant forth In Petition rowr4od
Comity C*M1561oners, Nivalta, Book 3, ~ 213 am 234, and requeoung that a
A4V Comty Dood be ixoua4 to the City Or Vero BoVAk. Florida, to that trl-
*AgUl*r ftotoo a1A bmu-Za i -mol above 4onarlbod, and 14ttiaa forth that oatol
PmP*rty b4am" t'* VmV&rV Of WIMA River COMV uniar the prortnictia r,,e
C4%ytar 2Z,%n9, AFItA or Florida togislatt*,o, 1943, by vtrt0o Of decree entered
IA the Circuit Court or IndlAs Miwr Comoty, VILorids OA Aagwt 14, 1944, and
vbd0h IOtWOA Sets uP th* a*$* VA #A4x*** of, the CjtjT Or yorc, leach, Flot-1,1a,
*Ad recites that 84 M C I tY w4# the owoor of #aid law at the ttm of the entr
.r
or sue4i d*<,rva, *' met* V tb* Or— 0!' the tot* 04 VrwTt0`,WLY fixed by the
r000l"Ition at this totr4p am t4u, U44, to vht0h #=h Iota woro *,ajojod by suah
f rAmwr at the ti" q` th,* sofr-
't of oatA jaa, Z*aroo, a", 4 ot&towat or
the r*OtO &M ctrouwtame ,,* asci wuich such rw%Wr woor bass tz& tvqu##t for
the matoratlan of the damerlba,4 kroperty, *rA aa offer to ;AV mn Am,,mt "I
to all tax4s I tt"WtAg aunt --441 t"00 WA 110014, it AIV, Vh1ch hA7* b�com,*
4011UqUanto t0gothor with is tar,,�,,t aft4 oo#t VrOtI444 0y l4v, togalihor with any
oubsequouttj approyod tMes vhloh have wt be" *"es o4, 4u,4 roproowti"
carront and r-ujttt,,j years, and the twqulr@4 Caroli to of tj,* Clerk of tlu-
Circuit Court 1AYI'4 b*e4 *tUcb0d to the arigimi Potjtj(x,., #,Ae thA An
, a uti. of
WO EUndrod Thirty Ejj&%t WA T/Irn ($238-W-) Dollars harUW bean V&14 jjy the
City Of VA"O BO&OIA to 1rAIAn River County for 'skid triangular **too maxi bowAm
parcel above domerib"4j, together w!th otliow lon4a 4macribal in the originul
Petition iN-oordod in colulty Coatetalneionaarr a 14tjUt
_0 *Boo"
page X33 auid3ic,
suld
WHIOMAIG, the Board of C(Pwty CcmxjV"jO$vyT3 of Indian Myer Cokint4x
Florida, haze considered the said Petition; therefolh
BS TT IMMM, That it appearo to the matisfaetIon of this
Court, that a failure to approve said Petition would work a severe hard-
abip upon the I'atitioaer, the City of Vero Deaoh, Florida; w*L& that ma,14
Petition in hereby approved; that the Domrd of County Comiesloak-rin of
Indian Ricer County, and the members thereof, and the Clerk of the Circuit
Court, and the Clerk of thin Bo&M, be anit they are hereby anthorIzid SUA
mVowarod to convey to the CtV of Vero Beach, the tomer owner mmed In
641A Petition, the 1"m Timreimfter danorl'bad, %rA to exeouti a proper
CaAYaYaor,e thereof, antA laMi bit" daetlrilsed at fr)llmm*.
Th.,*t part of Lot % Blook; 1, W31f#rr r4tr)jingla sn'h,tj-
Timton, aceordt" to plat thor"r flloiA in the offte-,-
of the Clerk e)!* U- rtrm!t 17ottrt of st. J,,ji--tot Cminy,
Tlorlda, in Plat 11400k h, paw 11% 44scriboot *a
to -At:
'RogtMing rt ft ;-Ant, an '!I- !!-mlt "-wAxrj 111 of D,3t
Moot 1, '4*1,t,,-r Ylto!h1rio-Im Alch Is
fort 3-,mth of thm ?M, retrrv- ,� -tli 1,- 11, rtin Itm,+,h
*.Tmw, *bA tapt 11111 61 -11 1-1
I A T *'tmtg
the X-)fth bmV^'--T Itn* -f o'* tl.417
fo*t, t nm0"#tar%, - 1-v� ts#r1j Ls0*04xry
Tin- '7f qr#rA ""Vt '4 41840" POUA of
b44mtm'-%.
IT T- " Rqmmr*l "",*At tt.!* IM14 fAMA that laid
M'4t' t4 011L rimer tq -'Ory rwqv1-,swn* of "44 ChWAr =07'!, rte the
facts or"tinf an' t 4-; dto&m)�*4 11% 'wl P*tttlon em'w1Jtt1t'0- 'A 7 *A4
suffinim'. b*ffiA,* *tIr *�%'*
rep-tomted bl this
T, Imp.0-w-a 'Poor, k* (11e �). thm-, !IrMT4 of, .:Mxntj 0emtf*w10z4"
Of ln&t6n MY -Or ti**Af4, F111 -1U, *04 11*rt or 14ho 4`I -11t C+ x": of 1044A 11ver
Cmmty, r1ox-14a, hereby em-ttej 914t the, ?bMjPUtq Is A tray MA wrreet do"
of Itemolution *4W.e4 by tbo �,Iwwd o!' fl*,rcty of Tnitan River
County, 71orldn' at 0 meeting thereof, 0 11"r tm r- nrll"O fart tint !)th
fty of Fabnmry W.
IN wl"wm VMM)ff, T hm- berevnln "t my hmd and ooffital creel
m -i Cler!r of the Board Of County Cimisalimrit Of TAdlan MvOW Ftortda
and ae Clark or the Nri.,ilt Court of InAlan fliv" e!rrtnty, npr1aft, thin
UY of )Pehraary , 19-iP.
31a -N -If'-111
�11s
of Indian River 00'Anty, FloridA, and nus clA-r%
of the Cirevi t Court of Indlem River ominty,
Y lortda.
.. 3 -
P E T I T 1 0 N
To The Honorable Board of County C0!➢Imlosioner8 of
Indian River County, Florida;
That on October 2nd, 1945, by Deed No. 1, Chapter 22970,
recorded November 6, 1945, In Deed book 44, ice,`e 14 9, ttie County
of Indian River, date of Florida, conveyed to the City of Vero
Beach;
%,ot 5 of block l of Walter KILohing Jr. Subdlvleion,
acoording to Plat thereof ftiod in the offlce Of the
Clerk of the Circuit Court of Bt. Luole County, Florida,
In Platt book 4, at pavo said hand now lying- and
bolog In Indian Kiver County, Florida, together with
other lis,
for a coneideratiara of
`Mat said s;ala u s authorized by Rosoi.tetion of tate
8Oar4 Of CoUnty 000"#sioners s4optse on October 2, 1945,
In response to a pasitlon tliatd With tho board of County
Commissioner# or Indian Moor County, Florida# to words
he follow**
93=-
"
a
. To Tne Honorable Ford of Coaanty IOmmlsalonoro of
tn,aan r°tivor County, Florida:
Ptw#uAnt Asa f1hAPtOr 22870, car.# I)( the Florida
Legislature B nasion of 1945, tate nit;y of V ro B oh,
Florida, repriaeatts that it has Won tke owner i�, too
cuspis A4 all t1mos suboorloant a January 9,
prop*rty aituat-.r,i it, ls,<ilan h1vor .^,E' vitt', Florida, do**#
orlbod se foilawo; to wit:
iy�lt 'dloo€ 1, a°dalteer KItohing Jr. Subdivision
and
Leto and 12 of block 2 W1 Witlter Kitching Jr.
Sabdivielon, according to prat thereof }Sled in
the office of the Clerk at the Ciroult Court of
tit. i,aa^le County, Florida, it Plat took 4 of
Page )`r
Bu0j evt, Only to eauolie r1ehts au may have been
aoquiredtherain 'rl Indian River County, undor
and Joy viri,rae of i'ae provisions of ChaPtor 2,?07�1 Acts
of` the i,aKielature of 191t3k that cenvezyanoo of avid
property is repr000ntod by deed from John T. F.*ell
and Valentine :3haw E%ell, iiia vire, to p,'vantor, to
the City of Vero Beach, as grantee, dated March 29,
19110 and duly tm.knewledEad by the grantors on said
date, and oca aaeid date, they delivered to the City of
Vero Beach, and which deed Is recorded In Deed Book 27,
gig$ 154, public records of Indian River County,
lorlda,
That the mors# and address of the owner of said
property priors to the acquisition of title thereto
by said County under said Chapter 2L)019 is City of
Vero Bench, Yero Beach, Florida.
That the date of the final decree under which the
title to sa ld .rands were quieted in Indiana River County
Is August 14, 1944.
The prloe of said leads as previously flTod by Resolution of the
Board of County Comaiiiolonors of Indian River County, Florida,
Is- Lots sj and IL) $Wo.00
The use to which %',,o leads were enjoyed by the "ity of
Fero Beach, ylorVlds, Ot the Gime of entry of said final
decree was for aquia,lpal purposes as to por€:lone thereof
and :for ester purposes or for such ango for other proper tl",a
neode4 for mura.ioipaal purposes, It ml ht be ,1aaLer fined by
the 60YtM114, Wdy nt the City of 'r'Wro Beach, Flori a,
That #arid City is iiolng parts of sl>Id property for public
etroot purposes and that the remaining'portions of said
pr portles were not In ares for #aid publics street purposes
or uitoied for exchange vlth private ownors In order to
obtaiA privately owned property In other Iso,1tiana
needod for pRrbl io stroot p ares, aan,l that ee i:d-elti.ott
of 0,114 property by Indian Diver lounty, ass through
overel ht of tyre Cltj :.> Fero eaoh, Florida and unless
rtatiliod, would render a : "p upon tk,-* o tliono of
said of€y 444 the onarx,kl, public,
ht, by reason of the ')vnoraalp Or o%IA property by
the C;rty of VOTO beach, Florida, there are no muntapai
taxes, or tax Lions thereon, and that the City herewith
orrers and tens' o e oortified ahoy irb tile asoont of the
au. or 3t,ok) it, payment, r4r sit tames upon said property
which %Ls boaoMt dell aiue zt pr'lor to taxa c$u.le'ttng, of tiLlO
thoroin lea Iaaril.en River County, together} with Interest
and, coats provided by lav and arunaiecluentiy approve 'taxes
for current tvid Omitted °,snares aaa,d which amount is represented
by a Certificate of the ;".:ertl of the Circuit Court of Indian
River County, Florida, aattsohed to and made a pant of this
petltioa.
Wliereforo, the City of Moro beroh, respectfully petitions
tbart by proper resolutions, the Board of County Commissioners
of Indian River County approve this petition and arwo&pt the
sura hero*oith tendered In full consideration of the oonveyaanoe
by said County to said City of the above described lando arab,
that thereupon, a&ld Board execute such proper conveyance
thereon,
a/ Alex Mao illi" ma
City of vera ,fletroh, Florida
By Alex. Ma of illiaam, Mayor
Atteot, A. C. Maeconne}l,
(Corporate Seal of A. C. MaaConnoll, City Clerk 0
Cit
Y}
page three
That the City of Vero Beach has constructed a public road
and that there now exists a public highway across part of Lots
4 and 5 of block 1 of Walter Kitching's Subdivision, but that
after the construction of said road, It was found that there
was a small parcel of Lot 5 of Block 1 of Walter KitohIng's
Subdivision which was not needed and wam not being, used as
public street right of *ay and that thereafter, by special
Warranty Deed, dated April 6, 19U, recorded July 15, '1946,
In D*od Book 20, page 390, the ("Ity of Vero beach conveyed
to Norbert F. 3taany and fl*ondolya C, Stanay, hueband and
wife, part of Lot 4, Blook 1, Walter Kitahingto Subdivision
and also, that part of Lot 5, block 1, Walter Kitahl"gta
SublivieloA, according to plat ttoraof filed In the offlait of
the Clark of tat Circuit Court of St. Luoi* County, Tlorl4aj
In Plat book It, W* 5, 4*sorltiosl *# follousp, to wit-
beginr-Mg at & potat on the 9set boundary Ila# of Lot
5 Block 1, Walter Xitahlag'* Suboilylolon, which to
51.07 fort South of the Northeast earner of said Lot
rtui North along Last Ila* of said lot as distnnoo of
52.07 feet to tho Northeast *oraor or aeld Lot 5,
than** run West along the North boundary line of qaid
at a iutsmoe or I).(>? rest, thonoo run Southoastorly
alor,.K the Easterly boundary line of Ooe*n Drive a dis—
%,&no# of 53-84 feet to polriL of' beginn,14,
That, at tne time of the oonv#yanoo of said property,
by the Couitty of Indlati River to the City of Vero Basch, It vat
overlooked that the proporty had previously been dedicated by
the County Corot-Iusionera aL :he retluest of the City.
That the purch"er from the City, Mr. and Xro. Stanny,
have agreed to eell. the property Involved and that the question
of marketability of title to this sliver of land 1")aii arisen.
Wherefore, the City of Vero Beach reopects7ully i-Altions
that by proper resolution, the Board of County Commissioners of
Indian 111ver County, after revocation of sold dedication by proper
resolution approve this petition and execute a now deed to the
City of Vero beach to that part of Lot 5 lying East of Ocean Drive
M
being the aliver of land lest c w desorib d.
CITY a ..