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HomeMy WebLinkAbout2024-042A TRUE COPY RESOLUTION 2024- 042 CERTifICATION ON LAST PAGE RYAN 1. E:.UTLER, CLERK RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF THE ENTIERTY OF A 25' WIDE UNIMPROVED, RIGHT-OF-WAY KNOWN AS 19TH COURT, EAST OF THE JACKSON BROTHERS SUBDIVISION AND SOUTH OF 41sT STREET IN THE JACKSON BROTHERS SUBDIVISION LOCATED IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County originally received a duly executed and documented petition from Jonathan D. Barkett of Collins, Brown, Barkett, who represents the property owners Schwerin Realty Corp. and Warren L. Schwerin on February 5, 2024, 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 25' wide unimproved, right-of-way known as 10 Court, east of the Jackson Brothers Subdivision and south of 41' Street in the Jackson Brothers 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 25 FEET WIDE STRIP OF LAND BEING AN UN -NAMED RIGHT OF WAY AS SHOWN ON THE PLAT OF "JACKSON BROTHERS SUBDIVISION", RECORDED IN PLAT BOOK 2, PAGE 71, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID SUBDIVISION BEING DESCRIBED AS "THE WEST 230 FEET OF THE N. 1/2, OF NW 1/4, OF S.E. 1/4, SEC. 26, TWP 32 S, RGE. 39 E, INDIAN RIVER COUNTY, FLORIDA." SAID 25 FEET WIDE STRIP OF LAND TO BE ABANDONED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 25.00 FEET OF JACKSON BROTHERS SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 71, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID 25.00 FEET WIDE STRIP LYING EASTERLY OF LOT 1 AND LOTS 16-26, INCLUSIVE, AND WEST OF THE EAST LINE OF SAID JACKSON BROTHERS SUBDIVISION, BEING DESCRIBED AS THE WEST 230 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTHWEST ONE-QUARTER (1/4) OF THE SOUTHEAST ONE-QUARTER (1/4) OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST. LESS AND EXCEPT THE NORTH 50 FEET FOR 41 ST STREET /SOUTH GIFFORD ROAD FOR ROAD RIGHT OF WAY. SAID 25 FEET WIDE STRIP OF LAND TO BE ABANDONED ALSO BEING DESCRIBED, AS THE EAST 25 FEET OF THE WEST 230 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTHWEST ONE-QUARTER (1/4) OF THE SOUTHEAST ONE-QUARTER (1/4) OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 50 FEET FOR 41ST STREET /SOUTH GIFFORD ROAD FOR ROAD RIGHT OF WAY. SAID STRIP OF LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, CONTAINING 15,682.58 SQ. FT. (0.36 ACRES) A TRUE COPY RESOLUTION 2024- 042 CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 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 on the eastern bounds of the Jackson Brothers Subdivision south of 41s' Street shall revert entirely to and be absorbed into the Jackson Brothers Subdivision in Indian River County, Florida. The foregoing resolution was offered by Commissioner Joseph H. Earman 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 Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss AYE AYE AYE AYE AYE The Chairman thereupon declared the resolution duly passed and adopted this 20th of August , 2024. BOARD OF COUNTY COMMISSI IND RIM day ATTEST: Ryan L. Butler, Clerk of Court and Comptroller w BY: p(�J De uty 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 Susan Adams, and Randi Wardlow 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 23 day of August , 2024. KIMBERLY K. MOMM i" COMMISSION O NN 386126 EXPIRU. Apd 9.2927 L' k Pub A TRUE COPY RESOLUTION 2024- 042 CERTIFICATION ON LAST PAGE RYAN L. SUTLER, CLERK APPROVED A TO LE SUFFICIENCY BY: William . DeBraal, County Attorney APPROVED AS TO PLANNING MATTERS BY: Ry ene , Assistant Planning & Development Services Director EY H 16 IT `k A TRUE COPY DESCRIPTION OF RIGHT OF WAY ABANDONMENT.- CERTIFICATION ON LAST PAc RYAN L. BUTLER, CLERK A 25 FEET WIDE STRIP OF LAND BEING AN UN -NAMED RIGHT OF WAY AS SHOWN ON THE PLAT OF "JACKSON BROTHERS SUBDIVISION", RECORDED IN PLAT BOOK 2, PAGE 71, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID SUBDIVISION BEING DESCRIBED AS "THE WEST 230 FEET OF THE N. 1/2, OF NW 1/4, OF S.E. 1/4, SEC. 26, TWP 32 S. RGE. 39 E, INDIAN RIVER COUNTY, FLORIDA." SAID 25 FEET WIDE STRIP OF LAND TO BE ABANDONED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THE EAST 25.00 FEET OF JACKSON BROTHERS SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 71, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID 25.00 FEET WIDE STRIP LYING EASTERLY OF LOT 1 AND LOTS 16-26, INCLUSIVE, AND WEST OF THE EAST LINE OF SAID JACKSON BROTHERS SUBDIVISION, BEING DESCRIBED AS THE WEST 230 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTHWEST ONE-QUARTER (1/4) OF THE SOUTHEAST ONE-QUARTER (1/4) OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST. LESS AND EXCEPT THE NORTH 50 FEET FOR 41ST STREET /SOUTH GIFFORD ROAD 'FOR ROAD RIGHT OF WAY. SAID 25 FEET WIDE STRIP OF LAND TO BE ABANDONED ALSO BEING DESCRIBED AS THE EAST 25 FEET OF THE WEST 230 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTHWEST ONE-QUARTER (1/4) OF THE SOUTHEAST ONE-QUARTER (1/4) OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 50 FEET FOR 41ST STREET /SOUTH GIFFORD ROAD FOR ROAD RIGHT OF WAY. SAID STRIP OF LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, CONTAINING 15,682.58 SQ. FT. (0.36 ACRES) SURVEYOR'S GENERAL NOTES AND REPORT: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. BEARINGS AND OR COORDINATES SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2011, AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901) AND ARE REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON LABELED AS THE BEARING BASIS. 3. THIS SKETCH AND DESCRIPTION HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT AND USE OF THE PERSONS AND/OR ENTITIES NAMED HERON FOR THE PURPOSES IDENTIFIED HEREON ONLY. UNLESS OTHERWISE STATED, CERTIFICATION OF THIS SKETCH AND DESCRIPTION APPLIES ONLY TO THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THE SKETCH AND DESCRIPTION IN NO WAY CONSTITUTES NEITHER GUARANTY NOR WARRANTY TO ANY OTHER INFORMATION NOT SHOWN HEREON. ADDITIONS, DELETIONS OR REVISIONS TO THIS DRAWING BY OTHERS ARE NOT PERMITTED AND THIS SKETCH AND DESCRIPTION MAY NOT BE TRANSFERRED WITHOUT THE EXPRESSED WRITTEN PERMISSION OF THE SIGNING SURVEYOR. THIS SKETCH AND DESCRIPTION IS NOT VALID FOR ANY OTHER PURPOSE OTHER THAN INTENDED BY THE SIGNING SURVEYOR. 4. THE DESCRIPTION WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS REQUESTED BY THE CLIENT. THIS SKETCH AND DESCRIPTION WAS NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR ENCUMBRANCES OF RECORD. THE HEREON DESCRIBED ABANDONMENT IS SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE SURVEYOR'S ATTENTION BY THE CLIENT, THEIR AGENT OR AS DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY WERE NOT INCLUDED. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED FOR THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 5. THIS SKETCH AND DESCRIPTION CONSISTS OF 2 SHEETS AND SHALL NOT BE CONSIDERED COMPLETE AND OR VALID UNLESS ALL SHEETS ARE PRESENT. 6. THE 25 FEET WIDE UN -NAMED RIGHT OF WAY MAY ALSO BE AFFECTED BY ADDITIONAL RIGHT OF WAY CONVEYANCES FOR 41ST STREET/ SOUTH GIFFORD DRIVE. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED FOR THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 7. IT APPEARS THAT NO ADDITIONAL RIGHT OF WAY CONVEYANCE DOCUMENTATION WAS FURNISHED FOR PRIOR SURVEY FOR LOTS 1 & 2, AND THE NORTHERN PORTION OF THE UN -NAMED RIGHT OF WAY REFERENCES: BOUNDARY SURVEY PREPARED BY CARTER ASSOCIATES, INC. PROJECT #17-606, FIELD BOOK 858/53+, DRAWING No. 20736-C, DATED AUGUST 15TH, 2023. LEGEND I.R.CO., FL. INDIAN RIVER COUNTY, FLORIDA P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT ORB OFFICIAL RECORDS BOOK PG PAGE TWP. TOWNSHIP RGE. RANGE S.F. SQUARE FEET R.O.W. RIGHT OF WAY (C) CALCULATED DATA (P) PLAT DATA THIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT VALID WITHOUT THE OTHER. REV. 1 REVISE PER COUNTY COMMENTS, EJH, 07/30/24 CARTER ASSOCIATES, INC. DATE : Apra 12, 2024 CONSULTING ENGINEERS PROJ.# : 24-1985 & LAND SURVEYORS D : EJH APPD. PD. BBYY :DEL �LJA�w�m 1708 21ST STREET, VERO BEACH, FL 32960 PLOT BY : Eric Hargreaves EMAIL: DLUETHJE@CARTERASSOC.COM TEL (772) 562-4191 REF.# SEE SURVEY ..._e................,.....,....r....,_. r...._......._»._.w.___�..._�.___...__._-.__.- F.B.&PG. 4oQA' INDICATES AREA _ DESCRIBED IN ORB 1002, PG. 1981, I.R.CO., FL. 45RIGHT OF WAY _ DESCRIBED IN COMMISSIONER'S BOOK 3, PG 70, APRIL 3RD, 1917 FILE NO. VB26927 CERTIFIED TO: WARREN L. SCH"IFRIN COLLINS, BROWN;.BARKETT INDI "Q_R C'QUN 2�Z DAVID E. LUETHJE, P'�S.M. SIGN' TUR DATE LICENSE REGISTRATION NO.'5728 CARTER ASSOCIATES, INC. LICENSED BUSINESS NO. 205 19TH COURT RIGHT OF WAY SHEET ABANDONMENT 1 OF 2 VERO BEACH, FL. 32960 SKETCH AND DESCRIPTION Dwg.# 22776-A-- ;,,, QA, 2776-A INDICATES AREA DESCRIBED IN ORB 1002, PG. 816, I.R.CO., FL, INDICATES AREA DESCRIBED IN — ORB 1002, PG.. 797, I.R.CO., FL. THIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT VALID WITHOUT THE OTHER. REV. 1 REVISE PER COUNTY COMMENTS, EJH, 07/30/24 CARTER ASSOCIATES, INC. DATE : Apra 12, 2024 CONSULTING ENGINEERS PROJ.# : 24-1985 & LAND SURVEYORS D : EJH APPD. PD. BBYY :DEL �LJA�w�m 1708 21ST STREET, VERO BEACH, FL 32960 PLOT BY : Eric Hargreaves EMAIL: DLUETHJE@CARTERASSOC.COM TEL (772) 562-4191 REF.# SEE SURVEY ..._e................,.....,....r....,_. r...._......._»._.w.___�..._�.___...__._-.__.- F.B.&PG. 4oQA' INDICATES AREA _ DESCRIBED IN ORB 1002, PG. 1981, I.R.CO., FL. 45RIGHT OF WAY _ DESCRIBED IN COMMISSIONER'S BOOK 3, PG 70, APRIL 3RD, 1917 FILE NO. VB26927 CERTIFIED TO: WARREN L. SCH"IFRIN COLLINS, BROWN;.BARKETT INDI "Q_R C'QUN 2�Z DAVID E. LUETHJE, P'�S.M. SIGN' TUR DATE LICENSE REGISTRATION NO.'5728 CARTER ASSOCIATES, INC. LICENSED BUSINESS NO. 205 19TH COURT RIGHT OF WAY SHEET ABANDONMENT 1 OF 2 VERO BEACH, FL. 32960 SKETCH AND DESCRIPTION Dwg.# 22776-A-- ;,,, QA, 2776-A N 00'04'02" W 50.00'1 1/4 SECTION LINE EXHIBIT 'A' 45.00' RIGHT OF WAY COMMISSIONER'S BOOK 3, LINE FPG. 70, APRIL 3RD, 1917 il � rel` I I I I I I �9R NHl Ii IQ k � L I I I I I I I I I I I I I i I I R 1 0 2, k y.l1 11 1 I I I I� I I � I I IIIII 11� •�d'I 11 11 1111 1 1 11 IIIII 1 1 1 1 1 1 1IIF}.FI I,I Ff�• � I 1, 1. 1 I ,—I I I I II, 45.00 45.00f I� N 89'48'51" W 25.004 *SEE NOTE #7 1 � I \ JACKSON BROTHERS 4 3 2 10 I 15,682.58 SQ. 8 UDR§8 C' G ul PARCEL ID 3239260000pp900000003.0 O N sy N 0D —I— fn p = cv PARCEL ID 32392600000900000002.0 � WEST 230.00' OF THE NORTH 19 q 5 26 "a O p m PARCEL ID 32392600000900000005.0 I "�� rn Lo u^i � WEST LINE OF NORTH 1/2-//l o OF NW1/4 OF SEI/4 — 'n U zl 6 25 14 I 17 a fnZ '0 \ a SOUTH LINE OF JACKSON BROTHERS 0 A 2 O O p '' I PARCEL ID 0 �� 32392600000700000005.0 32392600009000000025.0 O f �p(n (VACANT) z 2 0 o I JACKSON BROTHERS N SUBDIVISION i - PLAT BOOK 2, PAGE 71— 1—I.R.CO., I.R.CO.,FL. 8 23 M PARCEL ID 60.00' 3239260000090000000) N \ 3 9 ( 22Ln m 15 II 60.00' 60.00' / �12 00' a C? � 0 � O 0 40 80 SCALE. • (1 Inch = 80 Feet) VERIFY SCALE OF DRAWINGS. BAR SCALE ON ORM31NAL DRAINING INTENDED TO BE ONE INCH. 16 a 0 89'59'58" 68.74' (C) STATE OF FLORIDA INDIAN RIVER EFJW%" THIS IS TO CERTIFi 1 MAf TH16 IS A TRUE, AND CORRECT COPY OF THE OR`Gh lk ON FkR N THIS OFFICE R BY ID.C. DA �NTY DEED ORB 1002, PG. 1981 I.R.CO., FL. � SOUTH R.O.W. LINE 27.50' WARRANTY DEED ORB 1002, PG 816 I.R.CO., FL. EAST 25.00' OF JACKSON BROTHERS r o z 3 10 21 0 15,682.58 SQ. o s�1 I PARCEL ID 'n 32392600DO9000000016.0 Z 1 1 I 20 0 3 � WEST 230.00' OF THE NORTH 19 q o �12 1/2 OF THE NORTHWEST 1/4 In NORTH 1/2 OF THE NORTHWEST OF THE SOUTHEAST 1/4 OF SECTION 26 WEST LINE OF NORTH 1/2-//l 13 OF NW1/4 OF SEI/4 18 0 SECTION 26, T.32S., R.39E. 0 d C, � 14 I 17 a \ a SOUTH LINE OF JACKSON BROTHERS 15 II 60.00' 60.00' / �12 00' a C? � 0 � O 0 40 80 SCALE. • (1 Inch = 80 Feet) VERIFY SCALE OF DRAWINGS. BAR SCALE ON ORM31NAL DRAINING INTENDED TO BE ONE INCH. 16 a 0 89'59'58" 68.74' (C) STATE OF FLORIDA INDIAN RIVER EFJW%" THIS IS TO CERTIFi 1 MAf TH16 IS A TRUE, AND CORRECT COPY OF THE OR`Gh lk ON FkR N THIS OFFICE R BY ID.C. DA �NTY DEED ORB 1002, PG. 1981 I.R.CO., FL. � SOUTH R.O.W. LINE 27.50' WARRANTY DEED ORB 1002, PG 816 I.R.CO., FL. EAST 25.00' OF it 0 EAST LINE OF 0 JACKSON BROTHERS SUBDIVISION (P) rn EAST 25.00' SOUTH BOUNDARY LINE OF PRISMA MEDICAL GROUP LLC PARCEL ID: 32392600000700000005.0 S 89'59'58" W 25.00' WOODLAKE COMMONS P.D. DEVELOPMENT PLAT BOOK 17, PAGE 3 I.R.CO., FL: (OCCUPIED) CARTER ASSOCIATES, INC. DATE ,2024 PRa.# 24-198zalses 19TH COURT RIGHT OF WAY CONSULTING ENGINEERSEJH & LAND SURVEYORS DRAWN BY: APPD. BY ABNDONDONMENT : DEL DEL -LJA—ate 1708 21ST STREET, VERO BEACH, FL 32960 PLOT BY : Eric Hargreaves VERO BEACH, FL. 32960 EMAIL: DLUETHJE@CARTERASSOC.COM TEL: (772) 5624191 REF.# .SEE SURVEY F.B.PG.SKETCH AND DESCRIPTION ..«...... ,.... rr�...................._.._..___..___�.�._—_� .- .r_l1 G .24& SHEET 20F2 It D-9. # 22776-A JACKSON BROTHERS SUBDIVISION 15,682.58 SQ. Fr. (0.36 ACRES) 3 � o NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 ~ x LD LESS THE WEST 230 FEET � w C,PRISMA MEDICAL GROUP LLC 0 n PARCEL ID 32392600000700000005.0 0 0 (VACANT) z z O it 0 EAST LINE OF 0 JACKSON BROTHERS SUBDIVISION (P) rn EAST 25.00' SOUTH BOUNDARY LINE OF PRISMA MEDICAL GROUP LLC PARCEL ID: 32392600000700000005.0 S 89'59'58" W 25.00' WOODLAKE COMMONS P.D. DEVELOPMENT PLAT BOOK 17, PAGE 3 I.R.CO., FL: (OCCUPIED) CARTER ASSOCIATES, INC. DATE ,2024 PRa.# 24-198zalses 19TH COURT RIGHT OF WAY CONSULTING ENGINEERSEJH & LAND SURVEYORS DRAWN BY: APPD. BY ABNDONDONMENT : DEL DEL -LJA—ate 1708 21ST STREET, VERO BEACH, FL 32960 PLOT BY : Eric Hargreaves VERO BEACH, FL. 32960 EMAIL: DLUETHJE@CARTERASSOC.COM TEL: (772) 5624191 REF.# .SEE SURVEY F.B.PG.SKETCH AND DESCRIPTION ..«...... ,.... rr�...................._.._..___..___�.�._—_� .- .r_l1 G .24& SHEET 20F2 It D-9. # 22776-A