HomeMy WebLinkAbout2026-0693120260049740
RECORDED IN THE PUBLIC RECORDS OF
RESOLUTION 2026- 069 RYAN L. BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3896 PG: 1787 Page 1 of 9 10/20/2026 8:59 AM
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF THE
ENTIRETY OF A 16' WIDE UNIMPROVED, RIGHT-OF-WAY BETWEEN
LOTS 1 THROUGH 5, BLOCK 6, AND LOTS 6 THROUGH 10, BLOCK 6,
TOWNSITE OF ROSELAND, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN (S.L.C.) AKA (P.B.S) PLAT BOOK 1, PAGE 43, OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, WITH
RETAINAGE OF A PUBLIC UTILITY EASEMENT OVER THE ENTIRE
AREA.
WHEREAS, Indian River County originally received a duly executed and documented
petition from Michael Friel on September 11, 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 16' wide unimproved, right-of-way southeasterly of lots 1 through 5 of Block 6
and northwesterly of lots 6 through 10 of Block 6 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 16.00 FOOT WIDE ALLEY LYING BETWEEN LOTS 1 THROUGH 5, BLOCK 6,
AND LOTS 6 THROUGH 10, BLOCK 6, TOWNSITE OF ROSELAND, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN (S.L.C.) AKA (P.B.S) PLAT BOOK 1,
PAGE 43, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
SAID ALLEY BEING THE SOUTHEASTERLY 16.00 FEET OF THE
NORTHWESTERLY 148.00 FEET OF BLOCK 6, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY MOST CORNER OF SAID LOT 1,
BLOCK 6; THENCE S44°1 1'45"E ALONG THE NORTHEASTERLY LINE OF SAID
LOT 1 AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF 128TH COURT A
DISTANCE 132.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID
LOT 1 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE S44°1 1'45"E ALONG SAID RIGHT OF WAY LINE A
DISTANCE OF 16.00 FEET TO THE NORTHEASTERLY MOST CORNER OF LOT
RESOLUTION 2026- 069
10; THENCE S45°56'57"W ALONG THE NORTHWESTERLY LINE OF LOTS 6
THROUGH 10, BLOCK 6 A DISTANCE OF 300.00 FEET TO THE
NORTHWESTERLY MOST CORNER OF LOT 6; THENCE N44°1 1'45"W ALONG
THE SOUTHWESTERLY LINE OF BLOCK 6 A DISTANCE OF 16.00 FEET TO THE
SOUTHWESTERLY CORNER OF LOT 5, BLOCK 6; THENCE N45°56'57"E ALONG
THE SOUTHEASTERLY LINE OF LOTS 1 THROUGH 5, BLOCK 6 A DISTANCE OF
300.00 FEET TO THE POINT OF BEGINNING. CONTAINS 4,800 SQUARE FEET OR
0.11 ACRES MORE OR LESS.
Lying and being in Indian River County, Florida is hereby forever closed, abandoned,
renounced, disclaimed, and vacated except that a public utility easement shall be
retained over the entire area (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 right-of-way shall revert entirely to and be combined with Lots 1 through 5 of
Block 6 and Lots 6 through 10 of Block 6 of the Townsite Plat of Roseland Plats of St.
Lucie Book 1, Page 43 of Indian River County, Florida, subject to a public utility easement
over the entire area.
The foregoing resolution was offered by Commissioner Susan Adams who moved
its adoption. The motion was seconded by Commissioner ,.TsE. Flescic and upon being put
to a vote, the vote was as follows:
Chairman Deryl Loar
Vice Chairman Laura Moss
Commissioner Joseph H. Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
AYE
AYE
AYE
AYE
AYE
The Chairman thereupon declared the resolution duly passed and adopted this 15th day
of September ,2026.
RESOLUTION 2026- 069
BOARD OF COUNTY COMMISSION,i"s's� •.
INDIAN RIVER COUNTY, FLORIl • ^F9s.;
BY:
Deryl Loar, Chairmab t
�`��RIVER Cw
ATTEST: Ryan L. Butler, Clerk of Court and Comptroller
BY:
Depu 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 Deryl Loar , 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 21st day of
September , 2026.
, Du-anv
Notary Pub is
APPROVED S TO G L SUFFICIENCY
aRZ �' 2�'; KIMBERLY K. MOIRANO
BY: MY COMMISSION # HH 368115
, a oP EXPIRES: April 9,2027
'Susan J. Prado, Deputy County Attorney OR F�,,
APPROVED AST PLANNING MATTERS
BY:
John St9ffPIining & Development Services Director
Exhibit A
SKETCH & DESCRIPTION
(FLEMING GRANT) SECTION 21, TOWNSHIP 30 SOUTH, RANGE 39 EAST
ALLEY TO BE VACATED
LEGAL DESCRIPTION:
SHEET I OF 2
NOT VALID WITHOUT THE SKETCH
ON SHEET 2 OF 2
A 16.00 FOOT WIDE ALLEY LYING BETWEEN LOTS 1 THROUGH 5, BLOCK 6, AND LOTS 6 THROUGH 10, BLOCK
6, TOWNSITE OF ROSELAND, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN (S.L.C.) AKA (P.B.S) PLAT
BOOK 1, PAGE 43, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID ALLEY BEING THE
SOUTHEASTERLY 16.00 FEET OF THE NORTHWESTERLY 148.00 FEET OF BLOCK 6, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY MOST CORNER OF SAID LOT 1, BLOCK 6; THENCE S44°11'45"E
ALONG THE NORTHEASTERLY LINE OF SAID LOT 1 AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF 128TH
COURT A DISTANCE 132.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID LOT 1 AND THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE S44°11'45"E ALONG SAID RIGHT OF WAY
LINE A DISTANCE OF 16.00 FEET TO THE NORTHEASTERLY MOST CORNER OF LOT 10; THENCE S45°56'57"W
ALONG THE NORTHWESTERLY LINE OF LOTS 6 THROUGH 10, BLOCK 6 A DISTANCE OF 300.00 FEET TO THE
NORTHWESTERLY MOST CORNER OF LOT 6; THENCE N44°11'45"W ALONG THE SOUTHWESTERLY LINE OF
BLOCK 6 A DISTANCE OF 16.00 FEET TO THE SOUTHWESTERLY CORNER OF LOT 5, BLOCK 6; THENCE
N45°56'57"E ALONG THE SOUTHEASTERLY LINE OF LOTS 1 THROUGH 5, BLOCK 6 A DISTANCE OF 300.00 FEET
TO THE POINT OF BEGINNING. CONTAINS 4,800 SQUARE FEET OR 0.11 ACRES MORE OR LESS.
SURVEYORS NOTES:
1.) BEARINGS BASED ON THE ASSUMPTION THAT THE SOUTHWESTERLY RIGHT OF WAY LINE OF 128TH
COURT BEARS S44°11'45"E.
Digitally signed by Stephen P Carteehine
DN: CN=Stephen P Cartechine,
dnQualifier-A01410C0000018FCEEE849C001065CC,
Stephen P Cartechine �� oInN/RIVER EaShRVEY, C=US
Reason: I have reviewed this document
Date: 2026.03.2311:57:08-0400'
DATE: 3/23/2026
DRAWING NO.: 24-177ADD-REV PROFESSIONAL SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE
PREPARED FOR: MICHAEL J. FRIEL STEVE CARTECHINE FLORIDA CERTIFICATE NO. 4895
CERTIFICATE OF AUTHORIZATION #LB 7545
PREPARED BY:
INDIAN RIVER SURVEY, INC.
PROFESSIONAL SURVEYING AND MAPPING NOT VALID UNLESS SIGNED AND SEALED
SKETCH & DESCRIPTION
(FLEMING GRANT) SECTION 21, TOWNSHIP 30 SOUTH, RANGE 39 EAST
ALLEY TO BE VACATED
GRAPHIC SCALE
$ 0' 25' 50'
0'
THIS IS NOT A SURVEY
Pcl
�l P�GQ d
PAR 1S9 �000
SHEET 2 OF 2
NOT VALID WITHOUT THE LEGAL
DESCRIPTION ON SHEET 1 OF 2
POINT OF
COMMENCEMENT
NORTHEASTERLY MOST
CORNER OF BLOCK 6
:� � � POINT OF
BEGINNING
S44'11 '45"E
16.00'
0
4QVp0•� puk�CA �!L i
100 \OS 6 f, NORTHWESTERLY
0� LINE OF L07S 6-10 q� CAN
S cy <
4 SOUTHERLY 'O
16.0'
•600
'9 k 4)00.
SOUTHEASTERLY 4' QP 1'0
LINE OF LOTS 1-5 � �4)00'
v0 6
00
0 0\p A3
s�P X04 ROQp�'0
4 00
IS
C
y 1
s �
'9 C1
4-QPV1
N44'11 '45 "W
16.00'
vo
DRAWING NO.: 24-177ADD-REV
PREPARED FOR: MICHAEL J. FRIEL
PREPARED BY:
INDIAN RIVER SURVEY, INC.
PROFESSIONAL SURVEYING AND MAPPING
ii
USA TODAY COQ
PO Box 631244 Cincinnati, OH 45263-1244
# LocaliQ
AFFIDAVIT OF PUBLICATION
Kathy Charest
Kathy Charest
1801 27th St
Vero Beach FL 32960
STATE OF WISCONSIN, COUNTY OF BROWN
Before the undersigned authority personally appeared, who
on oath says that he or she is the Legal Advertising
Representative of the Indian River Press Journal/St Lucie
News Tribune/Stuart News, newspapers published in Indian
River/St Lucie/Martin Counties, Florida; that the attached
copy of advertisement, being a Legal Ad in the matter of
Govt Public Notices, was published on the publicly
accessible websites of Indian River/St Lucie/Martin
Counties, Florida, or in a newspaper by print in the issues
of, on:
SCN StLucie-IndianRv-Stuart 08/30/2026
SCN tcpalm.com 08/30/2026
Affiant further says that the website or newspaper complies
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who
is personally known to me, on 08/30/2026
Legal C r
Notary, State of WI, Cur ty 6f Br(n
My commission expires
Publication Cost: $129.40
Tax Amount:
$0.00
Payment Cost:
$129.40
Order No:
12574940 # of Copies:
Customer No:
1125971 1
PO #: LSAR0581009
THIS IS NOT AN INVOICE!
Please do not use this form for payment remittance.
C
ENG YANG
K�NGM public
Notary
Isconsin
State of w.
Page 1 of 2
IOTICE OF PUBLIC HEARING .r
ABANDONMENT
This is notice of a public hearing
of the Board of County Commis-
sioners to consider Michael Friel's
request to abandon a REQUEST
TO ABANDON 300' OF A 16' WIDE
ALLEY WAY; LOTS 1-10, BLOCK 6,
TOWNSITE PLAT OF ROSELAND AS
RECORDED IN ST. LUCIE COUNTY
PLAT BOOK 1, PAGE 43 NOW
LYING AND BEING IN INDIAN RIVER
COUNTY.
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
Commissioners of Indian River
County, Florida, in the County
Commission Chambers of the
County Administration Building,
located at 1801 27th Street, Vero
Beach, Florida on Tuesday, Septem-
ber 15, 2026 at 9:00 a.m.
Please direct planning -related
questions to the Current Develop-
ment Planning Section at 772-226-
1243. All documents pertaining to
this request are on file in the Indian
River County Planning Division,
located at 1801 27th Street within
building "A" of the County Admin-
istration Complex. Documents
may be reviewed by members of
the public during normal business
hours. All members of the public are
invited to attend and participate in
the public hearing.
Anyone who may wish to appeal any
decision, which may be made at this
meeting, will need to ensure that
a verbatim record of the proceed-
ings is made, which includes testi-
mony and evidence upon which the
appeal is based.
ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS
MEETING MUST CONTACT THE
COUNTY'S AMERICANS WITH
DISABILITIES ACT (ADA) COORDI-
NATOR AT 772-226-1223 AT LEAST
48 HOURS IN ADVANCE OF THE
MEETING.
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
BY -s- Deryl Loar, Chairman
August 30 2026
LSAR0581009
USA TODAY CO.
PO Box 631244 Cincinnati, OH 45263-1244
LocaliQ
AFFIDAVIT OF PUBLICATION
Kathy Charest
Kathy Charest
1801 27th St
Vero Beach FL 32960
STATE OF WISCONSIN, COUNTY OF BROWN
Before the undersigned authority personally appeared, who
on oath says that he or she is the Legal Advertising
Representative of the Indian River Press Journal/St Lucie
News Tribune/Stuart News, newspapers published in Indian
River/St Lucie/Martin Counties, Florida; that the attached
copy of advertisement, being a Legal Ad in the matter of
Govt Public Notices, was published on the publicly
accessible websites of Indian River/St Lucie/Martin
Counties, Florida, or in a newspaper by print in the issues
of, on:
SCN StLucie-IndianRv-Stuart 09/27/2026
SCN tcpalm.com 09/27/2026
Affiant further says that the website or newspaper complies
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who
is personally known to me, on 09/27/2026
Legal Clerk fi
Notary(j4 WI, Count of Brow
My commission expires
Publication Cost: $52.96
Tax Amount:
$0.00
Payment Cost:
$52.96
Order No:
12657314 # of Copies:
Customer No:
1125971 1
PO #: LSAR0603304
THIS IS NOT AN INVOICE!
Please do not use this form for payment remittance.
VICKY FELTY
Notary Public
State of Wisconsin page 1 of 2
NOTICE OF ABANDONMENT
Notice is hereby given that Reso-
lution 2026-069 was adopted by
the Board of County Commission-
ers of Indian River County, Florida
on Tuesday, September 15, 2026,
vacating a 16' wide unimproved
platted right-of-way, BETWEEN
LOTS 1 THROUGH 5, BLOCK 6, AND
LOTS 6 THROUGH 10, BLOCK 6,
TOWNSITE OF ROSELAND, ACCORD-
ING TO THE PLAT THEREOF, AS
RECORDED IN (S.L.C.) AKA (P.B.S)
PLAT BOOK 1, PAGE 43, OF THE
PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, WITH RETAIN -
AGE OF A PUBLIC UTILITY EASE-
MENT OVER THE ENTIRE AREA.
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
BY -s- Deryl Loar, Chairman
September 27 2026
LSAR0603304