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Home My WebLink About2022-0503120220055185 RECORDED IN THE PUBLIC RECORDS OF RESOLUTION 2022- 050 JEFFREY R SMITH CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3569 PG. 1223 Page 1 of 6 9/8/2022 9 22 AM RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF A 30' WIDE UNIMPROVED, UNNAMED RIGHT-OF-WAY, WEST OF LOTS 40 THROUGH 43 IN THE ESPY'S SUBDIVISION LOCATED IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County originally received a duly executed and documented petition from Jan Jelmby on September 27, 2021, 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 portion of a 30' wide unimproved, unnamed right-of-way, west of Lots 40-43 in the Espy's Subdivision located in 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 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: ALL OF THE ROAD RIGHT OF WAY LYING BETWEEN LOTS 40-43 AND LOT 54 AS SHOWN ON THE PLAT OF ESPY'S SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 36 OF THE PUBLIC RECORDS OF ST. LUCIE CO., FLORIDA. SAID LANDS LYING IN INDIAN RIVER CO., FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN ANGLE POINT IN THE CENTERLINE OF OLD DIXIE HIGHWAY AT STATION 29+84.73 AS SHOWN ON THE PLAT OF INDIAN RIVER COUNTY, BOARD OF COUNTY COMMISSIONERS, RIGHT-OF-WAY MAP, OLD DIXIE HIGHWAY, US1 TO 69TH STREET, AS RECORDED IN PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FILED IN PLAT BOOK 24, PAGE 81 THENCE; ALONG SAID CENTERLINE SOUTH 21'19'32" EAST FOR 20.67 FEET THENCE; NORTH 68°40'28" EAST TO THE EAST RIGHT OF WAY OF SAID OLD DIXIE HIGHWAY FOR 33.00 FEET ALSO BEING THE SOUTHERN MOST POINT OF LOT 54 OF SAID ESPY'S SUBDIVISION TO THE POINT OF BEGINNING THENCE; ALONG THE EAST LINE OF SAID LOT 54 NORTH 0096'49" WEST TO THE NORTHEAST CORNER OF SAID LOT 54 FOR 81.89 FEET THENCE; TO THE NORTHWEST CORNER OF SAID LOT 40 SOUTH 89056'04" EAST FOR 30.00 FEET THENCE; ALONG THE WEST LINE OF SAID LOTS 40 TO 43 SOUTH 0001614911 EAST TO THE EAST RIGHT OF WAY LINE OF SAID OLD DIXIE HIGHWAY FOR RESOLUTION 2022- 050 159.86 FEET THENCE; ALONG SAID HIGHWAY NORTH 21019'32" WEST FOR 83.54 FEET TO THE PLACE AND POINT OF BEGINNING. CONTAINING 0.08 ACRES MORE OR LESS (3,623.5 S.F.) 2. The closing, vacation, and abandonment of this segment of public right-of-way is in the best interests of the public. 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 portion of right-of-way that is located immediately west of Lots 40 and 41 (combined) shall revert entirely to and be absorbed into Lots 40 and 41 (combined) in the Espy's Subdivision in Indian River County, Florida. 6. The subject portion of right-of-way that is located immediately west of Lots 42 shall revert entirely to and be absorbed into Lot 42 in the Espy's Subdivision in Indian River County, Florida. 7. The subject portion of right-of-way that is located immediately west of Lots 43 shall revert entirely to and be absorbed into Lot 43 in the Espy's Subdivision in Indian River County, Florida. The foregoing resolution was offered by Commissioner Susan Adams who moved its adoption. The motion was seconded by CommissionerJoseph E. Fleschgid upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph Earman AYE AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss ABSENT The Chairman thereupon declared the resolution duly passed and adopted this 16 th day of August , 2022, RESOLUTION 2022- 050 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA . 1 1�G� • D^,,FSU' �, BY: •: Peter D. O'Bryan, Chairman _ . o ATTEST: JeffreyR. Smith, Clerk of Court and Coni •. BY: 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 Peter D. O'Bryan , and Shauna James 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 16th day ofAsst , 2022. k�be4alv o �1-4 Notary Public APPROVED AS TO LEGAL SUFFICIENCY;i KIMBERLY K MOIRANO W COMMISSION # GG 321698 o EXPIRES: April 9,2P23 '•? of XT- BOeded Thni Notary Public Lade ftM BY: Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: Phillip J. Matson, AICP, Community Development Department X 51T APARCEL 0000 D.B. D® BOCK E. 50000 1 ` \ I�2TN PG. \ 0001.0 j 1 30.00' POINT OF BEGINJING P.O.C, POINT OF COMMENCEMENT _589°5G'04'E RIGHT-OF-WAY U"T5 OF PLAT VLOT574 SQUARE FEET ST, STREET r ODD STATILN W. VEST 1ooe4.o o o LOT 40 1.0 �t coco ` � b P�5�k�3 0 \ tt P.O.G. Zqk \ P.O.B. 2__2 t9 0 ; '; LOT 41 0 Q cPN � — — — — — — — — — — — — — — — — — � ° o LOT 42 LEGEND OF B,B. SL!�VEY RBREVIATIONS BEARING BASE CENTERLD4E D.B. D® BOCK E. EAST N. I�2TN PG. PAGE Ra& POINT OF BEGINJING P.O.C, POINT OF COMMENCEMENT R/W RIGHT-OF-WAY S'SOUTH SF, SQUARE FEET ST, STREET STA. STATILN W. VEST --. CD03INED LOTS y l \ r � LOT 43 vc 3gTH STREET J LEGAL DE5GRIPTIONI ALL OF THE ROAD RIGHT OF WAY LYING BETWEEN LOTS 40-43 AND LOT 54 AS SHOWN ON THE PLAT OF ESPY'5 SUBDIVISION AGGORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2. PAGE 36 OF THE PUBLIC, REGORD5 OF ST. LUGIE GO., FLORIDA. SAID LANDS LYING IN INDIAN RIVER GO.. FLORIDA AND BEING MORE PARTICULARLY DE5GRIBED AS FOLLOW51 COMMENCING AT AN ANGLE POINT IN THE GENTERLINE OF OLD DIXIE HIGHWAY AT STATION 2q+84.73 AS SHOWN ON THE PLAT OF INDIAN RIVER GOUNTY. BOARD OF COUNTY GOMMI5SIONER5, RIGHT-OF-WAY MAP. OLD DIXIE HIGHWAY, U51 TO GgTH STREET, AS REGORDED IN PUBLIC REGORD5 OF INDIAN RIVER COUNTY. FLORIDA, FILED IN PLAT BOOK 24, PAGE 81 THENCE, ALONG SAID CENTERLINE SOUTH 21'19'32' EAST FOR 20.67 FEET THENCE, NORTH 68'40'28' EAST TO THE EAST RIGHT OF WAY OF SAID OLD DIXIE HIGHWAY FOR 33.00 FEET ALSO BEING THE SOUTHERN MOST POINT OF LOT 54 OF SAID E5PY'5 SUBDIVISION TO THE POINT OF BEGINNING THENCE, ALONG THE EAST LINE OF SAID LOT 54 NORTH 00'16'49' WEST TO THE NORTHEAST CORNER OF SAID LOT 54 FOR 81.89 FEET THENCE; TO THE NORTHWEST CORNER OF SAID LOT 40 SOUTH 89"56'04' EAST FOR 30.00 FEET THENGE, ALONG THE WEST LINE OF SAID LOTS 40 TO 43 SOUTH 00'16'49' EAST TO THE EAST RIGHT OF WAY LINE OF SAID OLD DIXIE HIGHWAY FOR 159.86 FEET THENGE, ALONG SAID HIGHWAY -NORTH 211*1q'32' WEST FOR 83.54 FEET TO THE PLACE AND POINT OF BEGINNING. CONTAINING 0.08= AGRE5 MORE "OR I_E55 C3.G23.5 51.) L-1= 521'19'32"E 20.67' L-2= NGB'40'28"E 33.00' WILLIAM E_ HAYH RST PROFInssIONAL 9LTRNEY,0R Z6APPER DA E' s C3NED FLORIDA YcmaisrR +ioN No 4416 &SKETCH 15 NOT A SURVEY* THIS DRAWING AND COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. KMA Engineering & Surveying, LLC Consulting Engineers & Surveyors 2345 14th Ave. Suite 3 Vero Beach, F1.32960 Phone717711119-161() Fax: (772) 770-3446 E-Ntail: survey@kmaB.mm KMACertificate of Authorization Number: L.B. 8351 ENGINEERING It SURVEYING DATE- RNTAREVISIONSI 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. Issue(s) dated before where the dates are noted or by publication on the newspaper's website, if authorized, on 07/31/2022 Subscribed and sworn to before on A ust 1, 2022: Notary, State of 41, County of/Brown My commission expires a HLEEN ALLENotary Publicte of Wisconsin Publication Cost. 5126.54 Ad No 0005345084 Customer No: 1310785 PO #. # of Affidavits 1 NOTICE OF PUBLIC HEARING - ABANDONMENT This is notice of a public hear- ing of the Indian River County Board of County Commission- ers to consider Jan Jelmby's request for abandonment of a portion of a 30' wide unim- proved, unnamed right-of- way per the plat of the Espy Subdivision per St. Lucie County Plat Book 2, Page 36; said lands now lying and be- ing in Indian River County, Florida. 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 Commission- ers of Indian River County, Florida, in the County Com- mission Chambers of the County Administration Build- ing, located at 1801 27th Street, Vero Beach, Florida on Tuesday, August 16, 2022 at 9:00 a.m. Please direct planning -related questions to the Current De- velopment Planning Section at 772-226-1003. All docu- ments pertaining to this re- quest are on file in the Indian River County Planning Divi- sion, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. 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 testi- mony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772- 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS BY -s- Peter D. O'Bryan, Chairman Pub: July 31, 2022 TCN Treasure Coast .Newspapers FART CSF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION RECEIVED 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. Issue(s) dated before where the dates are noted or by publication on the newspaper's website, if authorized, on 08/28/2022 Subscribed and sworn to before on August 29, 022: Notary, State of WI, Co my of Brown My commission expires Publication Cost: $44.46 Ad No: 0005387941 Customer No: 1310785 PO #: # of Affidavits 1 KATHLEEN ALLEN Notary Public State of Wisconsin NOTICE OF ABANDONMENT Notice is hereby given that Resolution 2022-050 was adopted by the Board of County Commissioners of Indian River County, Florida on August 16, 2022 vacating and abandoning a portion of a 30' wide unimproved, un- named right-of-way, west of Lots 40-43 in the Espy's Subdi- vision per St. Lucie County Plat Book 2, Page 36; said lands now lying and being in Indian River County, Florida as described in the above - referenced resolution. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman Pub: Aug 28, 2022 TCN5387941 �r A 1 7011 ENDIAN RIVER COUNTY 7r, 111YIUNITY DEVELOPMENT