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HomeMy WebLinkAbout1988-011RESOLUTION NO. 88 - .11__ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, VACATION OF ALL OF THAT PORTION OF 13TH STREET LYING BETWEEN 27TH AND 28TH AVENUES IN LONE PALM PARK UNIT 01, A SUBDIVISION RECORDED IN PLAT BOOK 1, PAGE 61, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on November 16, 1987, the County received a duly executed and documented petition from Larry Zimmerman, 921 7th Avenue 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 13th Street lying between 27th and 28th Avenues in Lone Palm Park Unit #1, a Subdivision recorded in Plat Book 1, Page 61, Public Records of Indian River County, Florida; 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 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: BEGINNING AT THE SW CORNER OF LOT 11, BLOCK 3, LONE PALM PARK UNIT #1, SUBDIVISION, AS IN PLAT BOOK 1, PAGE 61, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THENCE RUN EAST 250 FEET TO THE SE CORNER OF LOT 10, BLOCK 3. THENCE RUN 80 FEET SOUTH TO THE NE CORNER OF LOT 1, BLOCK 4. THENCE RUN WEST 250 FEET TO THE NW CORNER OF LOT 20, BLOCK 4. THENCE RUN 80 FEET TO THE POINT OF BEGINNING. is hereby forever closed, abandoned, vacated, surrendered, discontinued, remissed and released, with the exception that a 15' wide drainage and utilities easement be retained to align with the centerline of the abandoned 13th Avenue right-of-way, and this easement is reserved in perpetuity unto the County and the Public and shall not be deemed to have been closed or abandoned in any way by this resolution. 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. The foregoing resolution was offered by Commissioner ; = who ritoved its adoption. The motion was seconded by Commissioner Eggert , and upon being put to a vote, the vote as as follows: Chairman Don C. Scurlock, Jr. Ave Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioners Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye 4® The Chairman thereupon declared the resolution duly passed and adopted this 16th day of February , 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: Don Scu occ, Jr. airman Board of County Comm Toners ATTEST:-.. , Freda Wright, C k State of Florida&5 County of Indian ver 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 official eal in the County and State last aforesaid this r,-Zkday of - , A.D., 1988. otary Public. NOTARY PUBLIC STATE OF TOA MY CDNNISSION EXP. JULY 8.%IMO BONDED THRU GENERAL INS. UR.J..' APPROVED AS TO FORM AND LEGAL SUFFICIENCY Charles Vi unac County Attorney APPROVED AS TO PLANNING MATTERS BY: Robert M. teats g, CP Director, Comm ity Development i 'j® VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA NOTICE OF PUBLIC HEARING Before the undersigned authority personal) a y appeared J. J. Schumann, Jr. who on oath Notice of hearing to consider a petition for dt0 closing, abandonment, and vacation of 13th says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published Street lying between 27th and 291h Avenue. said right-of-way being re mots at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being particularly described; as follows: ', The ect pro13described BEGINI BEGINNING A7 PHE SW OF a i LOT 11, BLOCK 3LONE PALM PARK �� / in the UNIT Fl, SUBDIVISION, AS IN PLAT BOOK 1. PAGE 81, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THENCE RUN EAST _ matter of�4-(u >w i .✓ 250 FEET TO THE BE CORNER OF LOT 10, BLOCK 3. THENCE RUN 80 FEET SOUTH TO THE NE CORNER OF LOT 1, BLOCK 4. THENCE RUN WEST 250 FEET TO THE NW CORNER OF LOT 20,NCE OPOINT RUN 80 FEET TO THE _ in the _ _ Court, was pub- OF BEGINNING. / > Q Iished in said newspaper in the issues of ✓� L U A public hearing at which parties In Interest and citizens shall have an Opportunity to be mOard. e l of mCa RlherBoordO Florida ICom..,he i County Commission Chambers of the County i Street Vero Beachstration , Florida. on Tuated eadayy. Feb ru-011 ary 18, 1988 at 9:05 a.m. Affiant further Says that the said Vero Beach Press -Journal Is a newspaper published at Anyone who may wish to appeal ant decision which may be made at this meeting Vero Beach, in said Indian River County, Florida. and that the said newspaper has heretofore will need to ensure that a verbatim record of theproceadings is made been continuously published in said Indian River County, Florida, each dailyand has been which Includes the testimony and evi- dente upon which the appeal will be based. entered as second class mail matter at the post Of (Ice In Vero Beach, in said Indian River Cou n• INDIAN RIVER COUNTY ty, Florida, for a period of one year next preceding the first publication of the attached copy of i BOARD OF COUNTY COMMISSIONERS advertisement; and affiant further says that he has neither paid nor promised any person, firm BY-s•DonC. Scurlock, Jr. or corporation any Miscount, rebate, commission or Iefund for the purpose of securing ng this January 27, 1988 advertisement for publication in the said newspaper. �{(J Sworn t0 and subscribe[ efor®me Ity __�_ 11 7day of D. 19 00 —� V1 / I Business Manager) fir u, (Cler .r o e Clrcui CO. i dian River County, Florida) (SEAL)