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Home My WebLink About1988-002y4, 536601 RESOLUTION NO. 88_2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE CLOSING, ABANDONMENT, AND VACATION OF A 30 FOOT WIDE MARGINAL ACCESS EASEMENT LYING WITHIN THE OAKLAND COMMERCIAL PARK SUBDIVISION, LOTS 1 AND 8. WHEREAS, on November 12, 1987, the County received a duly executed and documented petition from Robert Simons, P. 0. Box 1393, Vero Beach, Florida 32961, requesting the County to close, vacate, abandon, and disclaim any right, title, and interest of the County and the public in and to all that portion of a 30 foot wide marginal access easement lying within the Oakland Commercial Park as recorded in Plat Book 12, Page 18 of the Public Records of Indian River County; and WHEREAS, in exchange for the aforementioned release of easement, the owner, Robert Simons has agreed to establish a ten (10) foot wide pedestrian easement in its place; and WHEREAS, in exchange for the aforementioned release of easement, the owner, Robert Simons has also agreed to establish a five (5) foot limited access easement across the following pro- perty: The south five (5) feet of the north thirty-five (35) feet of the west twenty (20) acres of Tract 3, Section 27, Township 33 South, Range 39 East, according to the last general plat of the lands of the Indian .River Farms Company, as filed in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, now Indian River County, Florida; subject to a sixty (60) foot wide road access across the afore -described parcel; and WHEREAS, in accordance with Florida Statutes §336.10, notice of a public hearing to consider said petition has been 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 said right-of- way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY U 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 being known more particularly described as: ALL OF THAT CERTAIN 30 FOOT MARGINAL ACCESS EASEMENT WITHIN THE OAKLAND COMMERCIAL PARK SUBDIVISION, THE PLAT OF WHICH IS FILED IN PLAT BOOK 12, PAGE 18 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE ALLEY IS FURTHER DESCRIBED AS LYING ALONG THE ENTIRE NORTHERN PORTION OF LOTS 1 AND 8 IN SAID SUBDIVISION. is hereby forever closed, abandoned, vacated, surrendered, dis- continued, remised and released. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. 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. 0. R. 0788 PG 1178 The foregoing resolution was offered by Commissioner r r who moved its adoption. The motion was seconded by Commissioner Bowman , and upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 5th day of January , 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: Don C. Scur cs, Jr Chairman Board of County Co issioners ATTEST: Freda Wright, State of Florid e County of Indian River �` ' I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgements, personally appeared DON C. SCURLOCK, JR., and FREDA WRIGHT, as Chairman of the Board of County Commissioners and 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 officia seal in the County and State last aforesaid this 15A day of A.D., 198$.. tar Public 44ARY PUBLIC STATE OF FLORIDA NY COMMISSIONE%P. JULY 8,1990 OONDED THRU GENERAL INS. UND. APPROVED AS TO FORM AND LEGAL SUFFFICnInEnNCY B Y : lJ t �* m^tiq ✓rl • l0 End William Collins Assistant County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keati g, Director Planning & Development DCC. ST. - AMT. 4 S S d FREDA WRIGHT, Clerk of CUoa(t Cast hdan River Canty - by C' &r, resolution/SPOLTR 12/23/87 m c J O o - -n IV •C � 0. R. 0788 PG 1179 VERO BEACH PRE( -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is 61.131ness Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of O _ In the Co�uurt, was pub- Ilshed in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter a1 the post office in Vero Beach, in said Indian River Coun• ty, Florida, fcr a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor 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. Sworn to and subscribed before me this <� .- _ day of[�d%r • (Busin ss Man a r) 11 (Clerk of the Circuit Court, (ndian—liver CtyI `un, rida) (SEAL) C NOTICE OF PUBLIC HEARING Notice of hearing to consider a petition for the losing, abandonment, and vacation of a mar- inal access easement lying within the Oakland commercial Park Subdivision. Said marginal access easement being more larticularly described as follows: ALL OF THAT CERTAIN 30 FOOT MAR- GINAL ACCESS EASEMENT WITHIN THE OAKLAND COMMERCIAL PARK SUBDIVISION, THE PLAT OF WHICH Is i FILED IN PLAT BOOK 12. PAGE 18 OF i THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE ALLEY IS FURTHER DESCRIBED AS LYING ALONG THE ENTIRE NORTHERN POR- TION OF LOTS 1 AND 8 IN SAID SUB- DIVISION. A public hearing at which parties In Interest . and citizens shall have an opportunity to ba heard, will be held by the Board of County Certt- missionefs of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1840 251h Street. Vero Beach, Florida. on Tuesday, Janu- ary 5. 1988 at 9.05 a.m. Anyone who may wish toappeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is mado which Includes the testimony and evi. dente upon Indian hick the appeal pp al will be based. I Board of County Commissioners By -s -Don C. Scurlock, Jr. Chairman December 19, 1987 0. Rs 0788 PG 1180 VERO BEACH PRI( -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of lCi� 1✓ in the Court, was pub- s fished in said newspaper in the issues of LC /4? Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper ties heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a perie.d of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor 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. ///� (� Sworn to and subscribed a ore a thi _ � _ day o YN A.D. 19 D t (Business Manager) SEAL) (Clerk of the Circuit Court, Indian River County, Florida) C NOTICE OF ABANDONMENT Notice Is hereby given that Resolution 88-2 wasadovGted January 5, 1988 by the Board of County Commissionere of Indian River County. Florida, closing, vacating and abandoning a 30 loot wide marginal access easement lyingg along the entire northern portion of lots / and 8 in the Oakland Commercial Park Subdivision as fo- corded In Plat Book 12, Page 18 of the Public Records of Indian River County, having been re- Pfaced by a ten foot wide pedestrian easement i n Its place. Indian Coun Board ofRiver County Cotyrnmisaioners By-e•Don C. Scurlock, Jr. Chairman January 13, 1988 0. R. 0788 PG 1181