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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