HomeMy WebLinkAbout1984-053WHEREAS, in accordance with Florida Statutes, Section
336.10, notice of a public hearing to consider this matter has
been duly published; and
J _ WHEREAS, after consideration of the request, supporting
documents, staff investi=gation and report, and testimony of all
la those interested and present at the Hearing, 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
Scontinuity of the County's street and thoroughfare network; and
\ WHEREAS, a portion of said right of way should be
�- retained as a public Drainage and Utility Easement; and
WHEREAS, said right of way is not necessary for access
to any given private property, provided an appropriate
distribution of the abandoned right of way is made and agreed to
among all parties concerned, for which deeds have been executed
and delivered in escrow to the County pending a final
determination on the abandonment.
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
911 0I li't+ OZ E'[4 ooi
391138
RESOLUTION NO. Rd 53
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
®
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
THE CLOSING, ABANDONMENT, AND VACATION OF THAT
PORTION OF SECOND STREET, CURVING NORTHWESTERLY
FROM THE INTERSECTION OF SECOND STREET AND 16TH
®
AVENUE TO 17TH AVENUE, LOCATED IN INDIAN RIVER
HEIGHTS SUBDIVISION, UNIT 3, AS MORE FULLY DESCRIBED
HEREIN -AND RESERVING UNTO THE COUNTY A UTILITY
EASEMENT.
WHEREAS, following inquiries from members of the
public,
the County Public Works Department has initiated a
O
Petition
to close, vacate, abandon, and disclaim any right, title,
and interest
of the County in and to a certain portion of Second
Street,
lying between 16th and 17th Avenues, more fully described
below in
Exhibit "A," and depicted on the sketch attached hereto;
a nr3
WHEREAS, in accordance with Florida Statutes, Section
336.10, notice of a public hearing to consider this matter has
been duly published; and
J _ WHEREAS, after consideration of the request, supporting
documents, staff investi=gation and report, and testimony of all
la those interested and present at the Hearing, 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
Scontinuity of the County's street and thoroughfare network; and
\ WHEREAS, a portion of said right of way should be
�- retained as a public Drainage and Utility Easement; and
WHEREAS, said right of way is not necessary for access
to any given private property, provided an appropriate
distribution of the abandoned right of way is made and agreed to
among all parties concerned, for which deeds have been executed
and delivered in escrow to the County pending a final
determination on the abandonment.
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
911 0I li't+ OZ E'[4 ooi
public in and to that certain right of way known as the
"S-curve" from Second Street to 17th Avenue, being that area
shaded in the attached sketch, and more particularly described by
® metes and bounds description attached hereto as Exhibit "A," is
hereby forever closed, abandoned, vacated, surrendered,
discontinued, remised, and released with the exception that' the
following described Utility Easements are hereby reserved in
® perpetuity unto the County and public and shall not be deemed to
have been closed and abandoned in anyway by this Resolution:
A. A public Drainage and Utility Easement over the
easterly ten feet of that property described in Exhibit B-1
attached hereto; and
B. A public Utility and Drainage Easement over the
westerly ten feet of that property described in Exhibit B-2
attached hereto.
2. Notice of the Adoption of this Resolution shall be
forthwith published at least once within :.j days from the date of
adoption hereof.
3. The Clerk is hereby directed to record this Resolution
together. with Proofs of Publication required by Florida Statutues,
Section 336.10, in the Official Record Books of Indian River
County, without undue delay.
4. The Chairman and Clerk are authorized to execute on
behalf of the County and deliver the necessary Quitclaim Deeds to
accomplish an equitable settlement of the boundaries among the
owners of Lots 16, 17, 18, 19, Block A, INDIAN RIVER HEIGHTS
SUBDIVISION, UNIT 3, and Indian River County, as owner of the
traffic island, necessary to "square off." respective lots, after
accretion of the curved, abandoned right of way, all as more fully
described in the Minutes and Records of this Hearing.
The foregoing Resolution was offered by Commissioner nirO.
who moved its adoption. The Motion was seconded by Commissioner
Lyons and, upon being put to a vote, the votes were
as follows:
Chairman Don C. Scurlock, Jr. Ave
Vice Chairman Patrick B. Lyons Ave
Commissioner Richard N. Bird Ave
Commissioner William C. Wodtke, Jr. Ave
Commissioner Margaret C. Bowman Ave
-2-
c -n
40
of
The Chairman thereupon declared the Resolution duly passed
1st A
and adopted this
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3Z�ATE� C'1,, -FLORIDA
COUNTY OF INDIAN RIVER
day of _ uQust , 1984.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By `i C �.h���.I�
Don C. Scurlock, Jr.
Chairman
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared DON C. SCURLOCK, JR. and
FREDA WRIGHT, to me known to be the CHAIRMAN and CLERK,
respectively, of the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, and the persons who executed the foregoing
instrument as same, and they acknowledged before me that they
executed same.
WITNESS my hand and official. seal in the County and
State last aforesaid this �/A' day of, t �, 1984.
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
—BAItD � � iivn,
MY COMMISSION EXPIRES JULY $ 1986
APPROVED ,,TO FORM
AND LEGA SUFFLP.IEN
By
or
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Notary > c�
0 �r
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of
GHT OF WAY TO BE ABANDONED
Beginning at the intersection of the North right-of-way line of
2nd Street with the West right-of-way line of 16th Avenue as shown
on the plat of Indian River Heights Unit 3 as recorded in Plat
Book 6 Page 49 of the Public Records of Indian River County,
Florida; thence due West (for the purpose of this desription the
North right-of-way line of ?nd Street is assurited co bear due
West), a distance of 190.84 feet more or less to the Southeast
corner of a triangular piece of property, as shown on said plat of
Indian River Heights Unit 3, formed by the North right-of-way line
of 2nd Street, the East right-of-way line of 17th Avenue and the
Southwesterly right-of-way line of 3rd Street said Southeast
corner being also a point on a curve concave to the Northeast,
having a radius of 361.76 feet, and whose radius point bears North,
36°14'40'° East; thence Northwesterly along the arc of said curve,
through a central angle of 1.7034140", a Jistance of 110.98 feet
more or less; to a point on the Easterly right-of-way line of 17th
Avenue; thence North 0004100" East, along said right-of-way line,
a distance of 213.88 feet more or less to the Point of Curvature
of a curve, concave to the Northeast, having a radius of 291.76
feet; thence Southeasterly, along the arc of said curve, through a
central angle of 8503211511, a distance of 435.57 feet, more or
less, to a point on the Westerly right -of. -way line of 16th Avenue;
thence South 0°02100" West, along said right-of-way line, a
distance of 0.91 feet more or less, to the Point of Beginning.
Together with the Fillet of a curve, concave to the Northwest,
having a radius of 25.00 feet whose tangents are the projections
of the West right-of-way line of 16th Avenue and the Northeasterly
right-of-way line of 3rd Street; and less, however, the fillet of
a curve concave to the Northwest having a radius of 25.00 feet
whose tangents are the projections of the West right-of-way line
of 16th Avenue and the North right-of-way line of 2nd Street.
Exhibit "A"
40
of
From the intersection of the North right-of-way line of 2nd Street
with the West riaht-of-way line of 1F'.h Avenue as shown on the
Plat of Indian River Heights Unit 3, as recorded in Plat Book 6
Page 49 of the Public Records of Indian River County, Florida bear
due West along the North right-of-way line of 2nd Street (For the
purpose of this description the North right-of-way line of 2nd
Street is assumed to bear due West), a distance of 135.06 feet
more or less to the Point of Beginning.
Said point being also the intersection of said North right-of-way
line with the Southerly projection of the East line of Lot 17,
Block "A" of said plat of Indian River Heights Unit 3; continue
thence due West a distance of 134.00 feet more or less to the East
right-of-way line of 17th Avenue; thence North 0004100" East,
along said right-of-way line, a distance of 78.22 feet more or
less to the North corner of a triangular piece of property, as
shown on said Plat of Indian River Heights Unit 3, formed by the
North right-of-way line of 2nd Street, the East right-of-way line
of 17th Avenue and the Southwesterly right-of-way line of 3rd
Street; thence South 89059100" East, parallel with the North line
of aforementioned Lot 17, a distance of 134.00 feet more or less
to a point on the East line of said Lot 17; thence South 0°04100"
West, along said East line, a distance of 78.17 feet more or less
to the Point of Beginning.
Exhibit "B-1" rn
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121.34'
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VERO BEACH PRESS -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
8
in file matter of 9V- vTJ�
In the _ Court, was pub-
• Iished 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 at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a, jWriodrof one year next preceding the first publication of the attached copy of
advertor COT cement; arld 3ltlan further says that he has neither paid nor promised any person, firm
or corporation ahy'discobnt, rebate, commission or refund for the purpose of securing this
advertisemerif.for, publication in the said newspaper.
Sworn t/Q and subscribed 6efo met 's day of A.D 19_
j P rj�'•Vf jasi s Manager)
(Clerk of the Circuit Court, India ver County, Florida)
(SEAL)
VERO BEACH PRESS -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
In the matter of i
in the
lished in said newspaper in the issues of �'/O
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beacli,aj�-7 id Indian River County, Florida, and that the said newspaper has heretofore
been ooniinuousfV'PUb.lished in said Indian River County, Florida, each daily and has been
enter`4as eecoAd class -mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Fibr irr 4crefperjbd df phe year next preceding the first publication of the attached copy of
8dve Ot A. Itto alfiartl fugher says that he has neither paid nor promised any person, firm
bfy C(r r`y discqun19 rebate, commission or refund for the purpose of securing this
Moe publication in the said newspaper.
o 'bscribled lie fgr e t _ y of A.D. 19 _
4.
. ;.
(Bus as anager)
' � +aI "•!!'' .i°r.�. � r
1 %ti f lr'3,
(SEAL) '`....,• •+'+ (Clerk of he Cir uit urs, n n i r Curtly, Florida)
NOTICE OF ABANDONMENT
NOTICE IS HEREBY GIVEN thst Resolution
84.53 was adopted August 1, 1964, Dy the Board
of County Co..iuioners of Indian River Coun-
ty, Florida, closing vacating and abolishing that
portion of Second Strest curvingg northwesterly
from the Intersection of Second Sfrest and 16th
Avenue to 17th Avenue, and reserving unto the
county two, l"ool wide drainage and utility
easements.
Indian River County
Board of County Commissioners
B :-e-Don C. Scurlock Jr.
C�iehmen
Aug. 9. 1964.
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NOTICE OF PUBLIC HEARING
NOTICE OF HEARING TO CONSIDER A
PETITION FOR THE CLOSING ABAN-
DONMENT, AND VACATION OF THAT
PORTION OF SECOND STREET, CURV-
ING NORTHWESTERLY FROM THE IN-
TERSECTION OF SECOND STREET
AND 16TH AVENUE TO 17TH AVENUE,
LOCATED IN INDIAN RIVER HEIGHTS
SUBDIVISION, UNIT 3, AND RESERVING
UNTO THE COUNTY A UTILITY EASE-
MENT.
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 Com-
missionere of Indian River County, Florida, in the
County Commission Chambers of the County
Administration Building, located at 1840 25th'
Street, Vero Beach, Florida, on Wednesday, Aug-
ust 1, 1984, at 10:15 A.M.
If any person decides to appeal any decision
made on the above matter, he will need a record
of the proceedings, and for such purposes, he
may need to ensure that a verbatim record of the
proceedings is made, which Includes testimony
and evidence upon which the appeal is based.
Indian River County
Board of County Commissioners
B :-s-Don C. Scurlock Jr.
Chairman
July 13, 1984.
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