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Home My WebLink About2023-0743120230063891 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT RESOLUTION 2023- 074 INDIAN RIVER COUNTY FL BK, 3670 P& 777 Page 1 of 8 12/28/2023 4:45 PM RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF A 30' WIDE UNIMPROVED, UNNAMED RIGHT-OF-WAY, WEST OF LOT 7 AND EAST OF THE FEC RAILROAD IN THE VERO LAND COMPANY SUBDIVISION LOCATED IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County originally received a duly executed and documented petition from Enterprise Leasing Company of Florida, LLC on March 16, 2023, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of a 30' wide unimproved, unnamed right-of-way, west of Lot 7 and east of the FEC Railway in the Vero Land Company 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: 1. 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 30 FOOT STRIP OF LAND IN THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LYING EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY AND WEST OF LOT 7, AS DEPICTED ON THE PLAT OF VERO LAND COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 19, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, SAID POINT BEING THE BEGINNING OF A NON -RADIAL CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 8912.84 FEET, A CENTRAL ANGLE OF 02°13'32", AN ARC LENGTH OF 346.21 FEET, A CHORD BEARING OF SOUTH 18°28'46" EAST, TO THE SOUTHWEST CORNER OF SAID LOT 7, A CHORD DISTANCE OF 346.19 FEET; THENCE ALONG THE WESTERLY EXTENSION OF SAID SOUTH LINE, NORTH 89041'36" WEST, TO THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 31.90 FEET TO A NON -RADIAL CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 8942.84 FEET, A CENTRAL ANGLE OF 01049'37", AN ARC LENGTH OF 285.16 FEET, A CHORD RESOLUTION 2023- 074 BEARING OF NORTH 18036'33" WEST, TO THE WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST, FOR A CHORD DISTANCE OF 285.14 FEET; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE AND ALONG SAID SECTION LINE, NORTH 00024'34" EAST, TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 58.00 FEET; THENCE DEPARTING SAID SECTION LINE AND ALONG SAID WESTERLY EXTENSION OF SAID NORTH LINE, SOUTH 89°42'51" EAST, A DISTANCE OF 12.75 FEET TO THE PLACE AND POINT OF BEGINNING. SAID LANDS CONTAINING 9,839 SQUARE FEET OR 0.23 ACRES, MORE OR LESS. Lying and being in Indian River County, Florida is hereby forever closed, abandoned, renounced, disclaimed, and vacated (see attached Exhibit A). 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. 5. The subject portion of right-of-way that is located immediately west of Lot 7 and east of the FEC Railroad shall revert entirely to and be absorbed into Lot 7 in the Vero Land Company Subdivision in Indian River County, Florida. The foregoing resolution was offered by Commissioner Deryl Loar who moved its adoption. The motion was seconded by Commissioner Joseph E. Flescher, , and upon being put to a vote, the vote was as follows: Chairman Susan Adams AYE Vice Chairman Joseph E. Flescher AYE Commissioner Joseph H. Earman AYE Commissioner Deryl Loar AYE Commissioner Laura Moss AYE Chairman thereupon declared the resolution duly passed and adopted this 21 st day of November, 2023. RESOLUTION 2023- 074 BOARD OF COUNTY COMMISSIONERS •,.y''o�!"."!ssi'�. c o •• INDIAN RIVER COUNTY, FLORIDA °chi : * `: BY: •race •'RIVER•CNN ••. ATTEST: Ryan L. Butler, Clerk of Court and Comptroller BY: poaj""y Dep ty Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Randi Wardlow , and Susan Ad mG 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 21stday of November , 2023. 44A. beWL4 ua ^v Notary Public APPROVED AS TO LEGAL SUFFICIENCY BY: William K. De raal, County Attorney APPROVED AS TO PLANNING MATTERS BY: *— Anar--e-w"' Sobczak, Planning & Development Services Director 1 12.75'— S89'42'51 2.75'— S89'42'1 "E \w d - O M O -I-q- 00 N In N Iii w rn 0 w vim. 0wz w z U- _, 0 (n N \M. \ w vi EXHIBIT "A" PORTION OF LOT 8 VERO LAND COMPANY'S SUBDIVISION \ P.B. 3, PG. 19 S.L.C. PUBLIC RECORDS \ WESTERLY EXTENSION OF THE NORTH LINE OF LOT 7 NORTH LINE OF LOT 7 _P.0.6. (B.B.)—\ S89-42'51 "E NORTHWEST 1 CORNER LOT 7 \�1001 R=8942.84' a=001'49'37" \ L= 285.16' CB=N18*36'33"W \ CL=285.14' LEGAL & SKETCH NOTES 0 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR I O PARCEL NO.: 3 339120001500000000 7.6 R=8912.84' A---002'1 3'32" L=346.21' CB=518'28'46"E CL= 346.19' LEGEND OF ABBREVIATIONS A CENTRAL ANGLE(DELTA) B. B. BEARING BASE CB CHORD BEARING CL CHORD LENGTH E. EAST L LENGTH L. B. LICENSED BUSINESS N. NORTH No. NUMBER PG. PAGE P.B. PLAT BOOK P.O.B. \ POINT OF BEGINNING R/W RIGHT OF WAY R RADIUS RNG. RANGE S. SOUTH \ S.L.C. ST. LUCIE COUNTY \ SQ.FT. SQUARE FEET SUB. SUBDIVISION TWP. TOWNSHIP -�4 W. WEST rfx �\ G 'Un RIGHTS-OF-WAY AND/OR �y �z PARCEL NO.: EASEMENTS OF RECORD. i "N y0� 33391200015000000007.7 2. LEGAL DESCRIPTION BY O 02 r 2 SURVEYOR. I O� 3. BEARING BASE IS THE NORTH LINE OF LOT 7, AS�-+2E SHOWN. `J '+ z 4. THIS IS A SKETCH OF -�13 LEGAL DESCRIPTION ONLY, NO 317 A BOUNDARY SURVEY. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. KMA ENGINEERING 8 SURVEYING, LLC. 3001 INDUSTRIAL AVE 2 FT. PIERCE, FL 32949 PHONE: (772) 569-5505 L.B. NO, 8351 WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 7 SOUTHWEST CORNER LOT 7 / y _SOUTH LINE OF LOT 7 N89'41 36 W LOT 6 31.90' " VERO LAND COMPANY'S \ SUBDIVISION P.B. 3, PG. 19 S.L.C. PUBLIC RECORDS 0 50' 100' REVISED PER COUNTY COMMENTS — 9/21/23 GRAPHIC SCALE 50' SHEET 1 OF 2 N PORTION OF LOT 7 o O.S� ^\ -�3 VERO LAND COMPANY'S Digitally signed by William E Hayhurst G SUBDIVISION G PROJECT No.: 22-2011 DRAWN BY: PCS P.B. 3, PG. 19 CHECKED BY: WEH �+ o " ST. LUCIE COUNTY y FLORIDA REGISTRATION NO 4416 'OA PUBLIC RECORDS yam` U,z RIGHTS-OF-WAY AND/OR �y �z PARCEL NO.: EASEMENTS OF RECORD. i "N y0� 33391200015000000007.7 2. LEGAL DESCRIPTION BY O 02 r 2 SURVEYOR. I O� 3. BEARING BASE IS THE NORTH LINE OF LOT 7, AS�-+2E SHOWN. `J '+ z 4. THIS IS A SKETCH OF -�13 LEGAL DESCRIPTION ONLY, NO 317 A BOUNDARY SURVEY. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. KMA ENGINEERING 8 SURVEYING, LLC. 3001 INDUSTRIAL AVE 2 FT. PIERCE, FL 32949 PHONE: (772) 569-5505 L.B. NO, 8351 WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 7 SOUTHWEST CORNER LOT 7 / y _SOUTH LINE OF LOT 7 N89'41 36 W LOT 6 31.90' " VERO LAND COMPANY'S \ SUBDIVISION P.B. 3, PG. 19 S.L.C. PUBLIC RECORDS 0 50' 100' REVISED PER COUNTY COMMENTS — 9/21/23 GRAPHIC SCALE 50' SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH OR COPIES THEREOF ARE NOT R/VV ABANDONMENT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. LEGAL &SKETCH Digitally signed by William E Hayhurst _ DN. cn=Mllnarn E Hayhurst c --US b --Florida Reason. I attest to the a=racy and Da�2Y02-3-0of s-25d�',z'.e3a 04.00 PROJECT No.: 22-2011 DRAWN BY: PCS WILLIAM E. HAYHURST DATE CHECKED BY: WEH DATE: 4120123 PROFESSIONAL SURVEYOR & MAPPER SCALE: 1"=50' FLORIDA REGISTRATION NO 4416 2 v EXHIBIT "A" LEGAL DESCRIPTION A 30 FOOT STRIP OF LAND IN THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LYING EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY AND WEST OF LOT 7, AS DEPICTED ON THE PLAT OF VERO LAND COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 19, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, SAID POINT BEING THE BEGINNING OF A NON -RADIAL CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 8912.84 FEET, A CENTRAL ANGLE OF 02'13'32", AN ARC LENGTH OF 346.21 FEET, A CHORD BEARING OF SOUTH 18'28'46" EAST, TO THE SOUTHWEST CORNER OF SAID LOT 7, A CHORD DISTANCE OF 346.19 FEET; THENCE ALONG THE WESTERLY EXTENSION OF SAID SOUTH LINE, NORTH 89'41'36" WEST, TO THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 31.90 FEET TO A NON -RADIAL CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 8942.84 FEET, A CENTRAL ANGLE OF 01'49'37", AN ARC LENGTH OF 285.16 FEET, A CHORD BEARING OF NORTH 18'36'33" WEST, TO THE WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST, FOR A CHORD DISTANCE OF 285.14 FEET; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE AND ALONG SAID SECTION LINE, NORTH 00'24'34" EAST, TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 58.00 FEET; THENCE DEPARTING SAID SECTION LINE AND ALONG SAID WESTERLY EXTENSION OF SAID NORTH LINE, SOUTH 89'42'51" EAST, A DISTANCE OF 12.75 FEET TO THE PLACE AND POINT OF BEGINNING. SAID LANDS CONTAINING 9,839 SQUARE FEET OR 0.23 ACRES, MORE OR LESS. KMA ENGINEERING & SURVEYING, LLC. % 3001 INDUSTRIAL AVE 2 FT. PIERCE. FL 32949 PHONE: (772) 569-5505 L.B. NO. 8351 SHEET 2 OF 2