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HomeMy WebLinkAbout2022-0513120220055186 RECORDED IN THE PUBLIC RECORDS OF RESOLUTION 2022- 051 JEFFREY R SMITH, CLERK OF COURT —INDIAN RIVER COUNTY FL BK: 3569 PG: 1229 Page 1 of 7 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 THE WEST 30' OF THE 130' WIDE, 100' LONG SEGMENT OF 32ND AVENUE RIGHT-OF- WAY, EAST OF LOT 21 IN THE REEDWOOD SUBDIVISION LOCATED IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County originally received a duly executed and documented petition from Coalition for Attainable Homes, Inc. on May 6, 2022, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and of the west 30' of the 130' wide, 100' long segment of 32nd Avenue right-of-way, east of Lot 21 in the Reedwood 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: 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: A PORTION OF REEDWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 83, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 21 OF SAID REEDWOOD SUBDIVISION; THENCE NORTH 89°54'09" EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 21, A DISTANCE OF 30.00 FEET, TO A POINT, SAID POINT BEING 35 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE CENTER LINE OF 32ND AVENUE AS SHOWN ON THE SAID PLAT OF REEDWOOD SUBDIVISION; THENCE SOUTH 00°00'44" WEST AND PARALLEL WITH THE SAID CENTER LINE, A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 21; THENCE SOUTH 89°54'09" WEST ALONG SAID EASTERLY EXTENSION, A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 21; THENCE NORTH 00°00'44" EAST ALONG THE EAST LINE OF SAID LOT 21, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,000 S.F. MORE OR LESS. RESOLUTION 2022- 051 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. The subject right-of-way shall revert entirely to and be absorbed into Lot 21 of the Reedwood Subdivision in Indian River County, Florida. The foregoing resolution was offered by Commissioner Joseph E. Flescher who moved its adoption. The motion was seconded by Commissioner Susan Adams , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss AYE AYE AYE AYE ABSENT The Chairman thereupon declared the resolution duly passed and adopted this 16th day of August , 2022. BOARD OF COUNTY COMMISSIONERS ;'i�a��Mrss%;�•.,, INDIAN RIVER COUNTY, FLORIDA BY: Peter D. O'Bryan, Chairman '•R��ER COU�� . ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk State of Florida County of Indian River RESOLUTION 2022- 051 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 of August _,2022. Notary Public Ili APPROVED AS TO LEGAL SUFFICIENCY BY: Dy eingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: P '1lip J. Matson, AICP, Community Development Department Legal Description & Sketch for a Right -of -Way Abandonment at the Reedwood Subdivision, Lot 21 Site Indian River County, Florida Sheet 1 of 2 Not Valid Without All Sheets SURVEYORS NOTES 1) THE BEARING BASIS IS THE EAST LINE OF LOT 21, REEDWOOD SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 83, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID BEARING BEING N00'00'44"W. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE STANDARD PRACTICES FOR SURVEYING AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. IFS R/W RIGHT—OF—WAY NO. NUMBER PSM PROFESSIONAL SURVEYOR AND MAPPER N NORTH S SOUTH E EAST W WEST TBA TO BE ABANDONDED A PORTION OF REEDWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 83, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 21 OF SAID REEDWOOD SUBDIVISION; THENCE NORTH 89'54'09" EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 21, A DISTANCE OF 30.00 FEET, TO A POINT, SAID POINT BEING 35 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE CENTER LINE OF 32ND AVENUE AS SHOWN ON THE SAID PLAT OF REEDWOOD SUBDIVISION; THENCE SOUTH 00'00'44" WEST AND PARALLEL WITH THE SAID CENTER LINE, A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 21; THENCE SOUTH 89754'09" WEST ALONG SAID EASTERLY EXTENSION, A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 21; THENCE NORTH 00'00'44" EAST ALONG THE EAST LINE OF SAID LOT 21, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,000 S.F. MORE OR LESS. REVISED PER COMMENTS 7121122 LEGAL DESCRIPTION & SKETCH Drawn by: Checked by File name Date Scale Drawing Name "This is NOT a Boundary Survey" BMM DMT 8136 6/3/2022 1"=30' 8136-rw-aband.dwg Masteller, Moler & Taylor, Inc. rc PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #4644 =c`• n•�°' :'W€ 1655 27th Street, Suite 2 Vero Beach, Florida 32960 „ D L A A D,,. Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P..S.M. '5243' (SEAL) LOT 22 Legal Description & Sketch for a Right -of -Way Abandonment at the Reedwood Subdivision, Lot 21 Site Indian River County, Florida Sheet 2 of 2 Not Valid WithoutAll Sheets UNPLATTED O.R.B. 2317, PAGE 906 o Z c � r- m r— LOT 21 m 0 O O O y y N SE CORNER LOT 21 S00'00'44"W 100.00' w 0 32ND AVENUE o _ R/_W VARIES _ CENTER LINE LOT 20 POINT OF BEGINNING NE CORNER LOT 21 1 LEGAL DESCRIPTION & SKETCH Drawn by: Checked by File name Date Scale Drawing Name "This is NOT a Boundary Survey" BMM DMT 8136 6/3/2022 1"=308136-rw-aband.dwg Masteller, Moler & Taylor, Inc. PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #4644 n•'� °' W 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 D MD TAYLOR P.&k. '5243 ` (SEAL) ti' c S00'00'44"W 100.00' w 0 32ND AVENUE o _ R/_W VARIES _ CENTER LINE LOT 20 POINT OF BEGINNING NE CORNER LOT 21 1 LEGAL DESCRIPTION & SKETCH Drawn by: Checked by File name Date Scale Drawing Name "This is NOT a Boundary Survey" BMM DMT 8136 6/3/2022 1"=308136-rw-aband.dwg Masteller, Moler & Taylor, Inc. PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #4644 n•'� °' W 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 D MD TAYLOR P.&k. '5243 ` (SEAL) ti' 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 r Subscribed and sworn to before on Aug 1, 2022: 1/0 Notary, State of WI, County of Brown My commission expires KATHLEEN A L L E N Notary PubhC State of Wisconsin Publication Cost: $129.96 Ad No:0005349781 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 a request by Coalition for Attainable Homes, Inc. for abandonment of a portion of a 30' wide un- improved, unnamed right-of- way per the plat of the Reedwood Subdivision Plat Book 3, Page 83; said lands ly- ing and being 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 AMERF 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 TCN5349781 -fivasure Coast Newspapers PART OFTHE USATC}DAY 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 08/28/2022 Subscribed and sworn to before on August 29, 22: Notary, State of WI, C unty of Brown My commission expires KATHLEEN ALLEN Notary Public State of Wisconsin Publication Cost: $41.04 Ad No:0005387969 Customer No: 1310785 PO #: # of Affidavits 1 NOTICE OF ABANDONMENT Notice is hereby given that Resolution 2022-051 was adopted by the Board of County Commissioners of Indian River County, Florida on August 16, 2022 vacating and abandoning the west 30' of the 130' wide, 100' long segment of 32nd Avenue right-of-way, east of Lot 21 in the Reedwood Subdivision per Indian River Plat Bool 3, Page 83. 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 TCN5387969