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HomeMy WebLinkAbout1986-095RESOLUTION NO. 86-95 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE CLOSING, ABANDONMENT, AND VACATION OF THAT PORTION OF IST PLACE LYING BETWEEN 14TH AVENUE AND 15TH AVENUE, ALSO KNOWN AS COBIE CIRCLE, WITHIN INDIAN RIVER HEIGHTS SUBDIVISION UNIT #4, RECORDED IN PLAT BOOK 6, PAGE 86 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, AND RESERVING UNTO THE COUNTY AN EASEMENT FOR DRAINAGE AND UTILITY PURPOSES. WHEREAS, on April 4, 1986, the County received a duly executed and documented petition from Mr. and Mrs. Vincent Kouspos, 145 14th Avenue, Vero Beach, Florida, 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 1st Place lying between 14th Avenue and 15th Avenue, also known as Cobie Circle, within Indian River Heights Sub- division Unit #4, as recorded in Plat Book 6, Page 86 of the Public Records of Indian River County; 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 COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to those certain right-of-way being known more particularly described as: ALL OF THAT PORTION OF COBIE CIRCLE AS SHOWN ON THE PLAT OF INDIAN RIVER HEIGHTS; UNIT #4, AS RECORDED IN PLAT BOOK 6, PAGE 86, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY OF 14TH AVENUE, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY OF 15TH AVENUE, BOUNDED ON THE NORTH BY LOTS 5 AND 6, BLOCK H OF AFORESAID SUBDIVISION AND BOUNDED ON THE SOUTH BY LOTS 1 AND 17, BLOCK C, OF SAID SUBDIVISION. is hereby forever closed, abandoned, vacated, surrendered, dis- continued, remised and released with the exception a 20 ft. wide drainage and utility easement on and over 10 feet either side of the rear lot lines projected between Blocks "C" and "H" of Indian River Heights Subdivision Unit #4 of the parcel described above is hereby 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. RESOLUTION NO. 86-95 The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Wodtke , and upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 28th day of October , 1986. BOARD OF COUNTY COMMISSIONERS OF INDI ,RIVER COUNTY RLORIDA BY: Don Scurlock, J.. ATTEST: Freda Wright, Clerk State of;' Florida County ,.of TV_al� nW� I HEREBY CERTIFY that on this day, before me, an off' er duly authorized in this State and County to take acknow dgements, personally appeared DON C. SCURLOCK, JR. and FREDA WRIGHT, as Chairman of the Board of County Commissioners and Clerk, respec- tively, 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 /J�s�e-� 1 in the County and State last aforesaid this �XT.day of I &AL A.D., 1986. NOTARY PUBLIC STATE OF FLORIDA NY CONNISSION EXP. JULY 011990 APPReVED AS TO FORM AND LEGAL DONCED iugU GENERAL IHS. UN'D. S FIC NCY.'-)i B narles vituna-a ounty Attorney APPROVED AS TO PLANNING MATTERS % . K Robert MDati g, D' ctor Planning & Dove opme - e• VERO BEACH PRESS -JOURNAL Published Weekly 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 weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of (-ft`'y–� in the Court, was pub- lished 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, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; 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 adver- tisement for publication in the said newspaper. Sworn to and subscribed bet met day of-1� T A.D. 1=4Business Manager) (Clerk of the Circuit Cour , Indian River County, Florida) (SEAL) NOTICE OF PUBLIC HEARING NOTICE OF HEARING TO CONSIDER A PETI- TION FOR THE CLOSING, ABANDONMENT, AND VACATION OF 1ST PLACE. MORE COM- MONLY KNOWN AS COME CIRCLE. BETWEEN 14TH AVENUE AND 15TH AVENUE IN INDIAN RIVER HEIGHTS SUBDIVISION UNIT 4. SAID RGHT-OF-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Description: ALL THAT PORTION OF PLAT OF INDIAN RIVER HEIGHTS; UNIT 4, AS RECORDED IN PLAT BOOK 6, PAGE 86. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY OF LITH AVE- NUE, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY OF 15TH AVE- NUE, BOUNDED ON THE NORTH BY LOTS 5 AND 6, BLOCK H OF AFORE- SAID SUBDIVISION; AND BOUNDED ON THE SOUTH BY LOTS i AND 17, BLOCK C. OF SAID SUBDIVISION. A public hearing at whi— partes In Interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River Cornry, Florida, in the Commission Chambers of the Courtly Adminls- Iralion Building, located al 1840 25th Street, Vero Beach, Florida, on Tuesday, October 28,_ 1986, at 9:45 a.m. Anyone whom may wish to appeal any deci- sion which may be made at this meeting will noed to ensure that a verbatim record of the oro- ceedings is made which includes the testimony aannddedevidence upon which the appeal will beb. s Indian River County Board of County Comnissloners By: -s- Don C. Scurlock, Jr. Chairman Oct. 8, 1986 //7