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HomeMy WebLinkAbout1953-0070ff -XV RESOLUTION WHEREAS, at a regular meeting of the City Council of the Lty of Vero Beach, Florida, held on September 27, 1944, Resolu- tion No. 302 was duly adopted whereby the City Council of the City jof Vero Beach, Florida, concurred in and requested the dedication Jby the Board of County Commissioners of Indian River County, Florida, to public use of the property hereinafter described, situated in Vero Beach, Indian River County, Florida: Lot 5, Block 2, Walter Kitchingls Subdivision, accord- ing to plat thereof filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, and recorded therein 1n Plat Book 4, page 5, (and other lands) ';for public street, all pursuant to Chapter 22079 of the Laws of Florida, which Resolution is recorded on page 188 of book 6 of the lminutes of the City Council of the City of Vero Beach, Florida; I I� and i s WHEREAS, pursuant to such request, at a regular meeting 1 of the Board of County Commissioners of Indian River County, ;;Florida, held on October 3, 191111, a resolution was duly adopted 11whereby the Board of County Commissioners of Indian River County, ,'Florida, dedicated the above described property to the public for public street, which resolution is recorded on page 150 of County Commissioners Minute Book 3; and J j+ WHEREAS, at an adjourned regular meet -Ing of the City Council of the City of Vero Beach, Florida, held 'on September, 13, 1 19115, by motion duly made, seconded and carried, the City Clerk of "the City of Vero Beach, Florida, was instructed to pay to Indian i; i,River County, Florida, the sum of $238.09 for county taxes from '1g38 to 19115, inclusive, against the above described property (and 'other lands), and to file with the Clerk of the Circuit Court of :,Indian River County,Florida, Florida the petition of the City of Vero Beach, Florida, asking that title to the above described property The restored to said City, all pursuant to said Chapter 22079 of i the Laws of Florida, which motion is recorded on page 2811 of book 1 6 of the minutes of the City Council of the City of. Vero Beach, Florida; and i MITCHELL. SMITH A A11Trw,i ♦Tmoucvc •r ..... ....... ..... _.. __._. WHEREAS, said petition was duly filed and, at a regular meeting of the Board of County Commissioners of Indian River County, Florida, held on October 2, 1945, a resolution was duly adopted granting said request and authorizing the conveyance to the City of Vero Beach, Florida, of the above described property, (which resolution is recorded on page 234 of County Commissioners Minute Book 3; and WHEREAS, the above described property (and other lands) was conveyed to the City of Vero Beach, Florida, by deed filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, and recorded therein in Deed Book 44, page 149; and WHEREAS, at a regular meeting of the City Council of the ii +City of Vero Beach, Florida, held on November 28, 19115, by motion duly made, seconded and carried, the sale of Lot 5, Block 2, I Walter Kitchingts Subdivision, as per plat aforesaid, (and other land) to William MacDonald was approved and the Mayor and City Klerk of the City of Vero Beach, Florida, were authorized and in- structed to execute deed of conveyance to the property, which ]]motion is recorded on page 311 of book 6 of the minutes of the City Council of the City of Vero Beach, Florida; and WHEREAS, by deed filed in the office of the Clerk of the! :Circuit Court of Indian River County, Florida, and recorded there- in in Deed Book 42, page 514, the City of Vero Beach, Florida, conveyed to William MacDonald and Anna Maud MacDonald, his wife, the following described portion of Lot 5, Block 2, Walter Kitchingts Subdivision, to -wit: Begin at the NW corner of said Lot 5, Block 2, of said � Walter Kitchingts Subdivision, thence run East 67.85 feet to the West right-of-way line of Ocean Drive; thence run Southeasterly along said West right-of-way line of Ocean Drive a distance of 126.63 feet to the East line of Lot 5; thence run South along the East line of said Lot 5 a distance of 52.52 feet; thence i. run West 100 feet; thence run North along the West �i line of said Lot 5 a distance of 175 feet to the point I of beginning; and ! P WHEREAS, at a regular meeting of the City Council of the! 'City of Vero Beach, Florida, held on July 21, 1953, a resolution �i-2- MITCHELL. SMITH 8 MITCHELL, ATTORNEYS AT UW, YERO BEACH, FLORIDA was duly adopted whereby the City Council of the City of Vero (Beach, Florida, recited each and every of the foregoing facts and I determined that the City of Vero Beach, Florida, has no need or fuse for public uses or purposes of that portion of Lot 5, Block 2, I 1Walter Kitching's Subdivision hereinabove described and released i Jany and all. title, interest or claim held by the City of Vero I ;Beach, Florida, under the said dedication and authorized and 'requested the Board of County Commissioners of Indian River County,', Florida, to revoke and cancel said dedication as to said part of j Lot 5, Block 2, Walter Kitching's Subdivision as per plat afore- said, a certified copy of which resolution has been delivered by ,the City of Vero Beach, Florida, to the Board of County Commission !era of Indian River County, Florida; now therefore BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that its dedication of the following 'part of Lot 5, Block 2, Walter Kitching's Subdivision, as per plat aforesaid, to -wit: j Begin at the NW corner of said Lot 5, Block 2, of said Walter Kitching's Subdivision, thence run East 67.85 (j feet to the West right-of-way line of ocean Drive; j thence run Southeasterly along said West right-of-way line of Ocean Drive a distance of 126.63 feet to the East line of Lot 5; thence run South along the East 4i line of said Lot 5 a distance of 52.52 feet; thence run West 100 feet; thence run North along the West line of said Lot 5 a distance of 175 feet to the point of beginning ''for public street be, and the same Is hereby, revoked and cancelled provided, however, that no part of the dedication recorded on page( ;:150 of County Commissioners Minute Book 3 shall be deemed revoked I except as specifically provided herein. MITCHELL, SMITH G MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA RESOLUTION No. 653 WNEitMs, at a regular sheeting of the City Council of the City of Vero Beach, Florida, held on September 27, 1944, Resolu- tion No. 302 was duly adopted whereby the City Council of the City of Vero Beach, Florida, concurred in and requested the dedloation by the Board of County Commissioners of Indian River County, Florida, to public use of the property hereinafter described, vituated in Vero reach, Indian River County, Floridas Lot ,, Block 2, Walter Kitehingle Subdivision, accord - Ing to plat thereof filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, and recorded therein in Plat Book 11, page a, (and other lands) for public street, all pursuant to Chapter 22019 of the Laws of Florida, which Resolution in recorded on page 166 of book 6 of the minutes of the City Council of the City of Vero Beach, Florida; and hHk.IEAS, pursuant to such request, at a regular meeting of' the hoard of County Commissioners of Indian River County, Florida, held on October 3, 1()114, a resolution was duly adopted whereby the Board of County Commissioners of Indian Inver County, Florida, dedicated the above described property to the public for public street, which revolution is recorded on page 1,�0 of County Commlesionera Minute book :,; and kit:it1SAS, at an adjourned regular meeting of the City Council of the City of Vero 13eacli, Florida, held on eptembe r lj, 1945, by motion duly mado, seconded and carried, the City Clerk ox the City of Vero }leach, 1,11orida, was Instructed to pay to litdian River County, Flovida, the sum of :2jj.09 for county tUxpu from 193b to 194:5, inclusive, against the above described property (and other lands), and to file with the Clerk of the Circuit Court of Indian River County, Florida, the petition of the City of Vero Beach, Florida, asking that title to they above described property be restored to said City, all pursuant to said Chapter 220(9 of the haws of Florida, which notion is xWoraod on page 26)1 or uoolc 6 of the minutes of the City Council of the City of Vero Beach, Florida; and MITCHELL. SMITH 6 MITCHELL. ATTORNEYS AT LAW, VERO BEACH, FLORIDA I WHF..REAS, said petition was duly Tiled and, at a regular !meeting of the Hoard or County Commissioners of Indian River (County, Florida, held on October 2, 1945, a resolution was duly adopted granting said request and authorizing the conveyance to ;the City of Vero Beach, Florida, of the above described property, ;which resolution in recorded on page 234 of County Commissioners IMinute Hook 31 and i WW.RFAS, the above described property (and other- lands) lovas conveyed to the City or Vero beach, Florida, by deed filed in =the office of the Clerk of the Circuit Court of Indian River County, Florida, and recoried therein in Deed Hook 114, page 1491 and WHEREAS, at a regular meeting of the City Council of the City of Vero Beach, Florida, hell on November 26, 19115, by motion duly made, seconded and carried, the sale of Lot a, block 2, Walter Kitching'a Subdivialon, as per plat atomsaid, (aril other land) to William 10cDonald was approved and the Mayor and City Clerk of they City of Vero Beach, Florida, were authorized and in- structed to execute deed Qf conveyance to the property, which motion is recorded on page ;11 of book u of the minutes of the City Council of the City of Vero 1seach, Fl,,rida; and WIERLA,,:, by deed filed in the office of the Clerk of the Circuit CourL of Indian River County, Florida, and recorded there- in in Deed Book 42, .pa8e 51,1i, the city of Vero beach, Florida, conveyed to William Nacr)onald and Anna ,laud 11,1€ cDonald, his uife, the following deocribed portion or Lot 5, l.lock 2, Walter ;Cuching's Subdiviulon, to -wit: begin at the NW eornnr of said Lot 5, t)lock 2, of acid Walter Kitchind's gubdivislQn, thence run East 67.05 reset to the Went right—,X-way line of ocean Drivej thence run southeasterly along said West right--of-way line of ocean Drive a distance of 126.61 feet to the taut line of Lot >j thence run South alon6 Lhe Easc line of said Lot ; a distance of X2._,2 feet; thence run West 100 feet] thence run North along the West line of said Lot 5 a diatanee of 175 feet to the point or beginning; and Wlit?li1+A::, the City or Vero Beach, Florida, has no need or .use for public uses and purposes of that portion of Lat -,, Block 2, MITCHELL. SMITH & MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA ter Kitching'e Subdivision hereinabove described, and desiring o evidence such fact, and desiring to release its interest in the dedication In that portion of .Lot a, Block 2, Walter 's Subdivision hereinabove described, so that the Board of Comissioners of Indian River County, Florida, may revoke is dedioation of said property under $Old Chapter 22079 of the awa of Florida as if such dedication had not been made; now there - BE IT IMOLVED by the City Council of the City of Vero Florida, that it herewith releasee any and all title, Inter - ;'eat or claim held by it under the said dedication in and to that `!part of Lot 5, Block 2, Walter Kitching's Subdivision, as per plat ai'oresel.d, described as follows, to -wits 1 Begin at ttte NW coe'ner or Baid Lot :), Block 2, of said Walter Kitching's Subdivision, thence run .salt f,(.35 feet to the Went right-of-way litre of Ocean Drive; thence run Southeasterly along said West right-of-way line of Ocean Drive a disttince of 126.63 feel, to the Fast line of Lot 5; thence run :south along the T%ast line of said Lot :; a distsnce of ;2.52 feet; thence run Fest 100 feet; thence run ;forth along the Went line of said Lot a a distance )I' 175 fMet to the Faint of beginning and does hereby authorize and request the ysoanj of Cotulty Conunis- sioners of Indian iiiver County, Vlorida, to revoke anti cancel said dedication as to said part of Lot , Block 2, Walter Kitehing'a Subdivision as per p4a`t 'axozraald, provided, however, that m;id dedication shall remain in full force, and o£foct as to that portlai oi' said Lot ;,, illock 2, ,salter Kitching, c subdiviHion which in not contained in the futv%j;oing irpets and bounds rieLicription. BF. IT i=UINTIR;H XLSOLVuD that a oertii'ied copy of Wiiu Resolution be forwarded to the Hoard ov County Comminsioners ;,f Indian fiver County, Florida. STATE OF FLORIDA CO[JHTY OF INDIAN !MRF CITY OF VRRO BRACH I, U. G. Finlayaon, an City Clork of the ^.ity of Vero Beach, Florida, certify the foregoing to bo a trao cei;y of renolutien duly adopted by the City Council of Vero Beacb at a regular meeting thereof called and hold on the 2lat day of .July, 1953• ;fitness my hand and official seal at Vero Beach, Florida, thip'24th day of','/ July, 1953• r ' h T. City Clerk.-, MITCHELL. SMITH 8 MITCHELL, ATTORNEYS AT LAW, YERO BEACH, FLORIDA*,