HomeMy WebLinkAbout2015-118RESOLUTION 2015- 112
a
N
o N RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
cn r RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
� �
C ABANDONMENT, VACATION AND DISCONTINUANCE OF A 10 FEET WIDE
w o ALLEY LYING AND BEING IN BLOCK 2 AS SHOWN ON THE PLAT OF
U o J o TROPICAL VILLAGE ESTATES, AS RECORDED IN PLAT BOOK 4, PAGE 94
J cr U 1/2, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; SAID ALLEY
a U Z BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF 129TH
X = o v AVENUE (A 70 FOOT WIDE RIGHT-OF-WAY); BOUNDED ON THE WEST BY
Co Z ; THE EAST RIGHT-OF-WAY LINE OF 129TH COURT (A 70 FOOT WIDE
ID
on w W a RIGHT-OF-WAY); BOUNDED ON THE NORTH BY LOTS 1, 2 AND 3, AND
0 w W BOUNDED ON THE SOUTH BY LOTS 4 AND 5.
,Oct co
pLL Q N
M Ir w z m WHEREAS, on May 2, 2014, Indian River County received a duly executed and documented
petition from Gregory and Susanne Zaino 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 right-of-way for a 10' wide alley running from 129' Avenue to 129' Court and lying between lots
1-3 and lots 4-5 of block 2 of the Tropical Village Estates subdivision as shown in Plat Book 4, Page
94 1/2 , of the Public Records of Indian River County, Florida; and
WHEREAS, a 10' wide replacement drainage and utility easement has been established along
the south side of lots 4-5; 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 a state or federal highway, not located within any municipality, 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:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 2 OF
AFOREMENTIONED TROPICAL VILLAGE ESTATES RUN SOUTH 89027'22" EAST
ALONG THE SOUTH LINE OF SAID LOTS 1, 2 AND 3 A DISTANCE OF 220.00 FEET
TO THE WEST RIGHT-OF-WAY LINE OF 129TH AVENUE (A 70 FOOT WIDE
RIGHT-OF-WAY); THENCE LEAVING SAID SOUTH LINE RUN SOUTH 00°31'08"
WEST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 10.00 FEET TO
THE NORTHEAST CORNER OF LOT 5, SAID BLOCK 2; THENCE LEAVING SAID
WEST RIGHT-OF-WAY LINE RUN NORTH 89027'22" WEST ALONG THE NORTH
LINE OF LOTS 4 AND 5, BLOCK 2 OF SAID TROPICAL VILLAGE ESTATES A
RESOLUTION 2015- 1 1 R
DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF 129TH COURT
(A 70 FOOT WIDE RIGHT-OF-WAY); THENCE LEAVING SAID NORTH LINE RUN
NORTH 00032'14" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF
10.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED ABANDONMENT CONTAINING 2,200.38 S.F. MORE OR
LESS.
Lying in Indian River County, Florida, is hereby forever closed, abandoned, renounced,
disclaimed, and vacated (see Exhibit A attached).
2. The closing, vacation, and abandonment of this public alleyway 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 alleyway shall revert equally to properties on both sides of the subject alley within Block
2 of the Tropical Village Estates Subdivision.
The foregoing resolution was offered by Commissioner Flescher who moved its
adoption. The motion was seconded by Commissioner zorc , and upon being put to
a vote, the vote was as follows:
Chairman Wesley S. Davis
Vice Chairman Bob Solari
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
AYE
AYE
AYE
AYE
The Chairman thereupon declared the resolution duly passed and adopted this ?7nr9 day of
.; =tamhar , 2015.
BOARD OF COUNTY COMMISSIONERS
INDIAN _Rl;��/ER COUNTY, FLORIDA
Wesley S. Davis, Chairman
RESOLUTION 2015- 11
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY:
0-c�
Deputy
Clerk
I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and
County to take acknowledgments, personally appeared Leona Allen , and
wPs1PTS naVi.G 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 22nd dayof
qP-j)tPmher , A.D., 2015.
*NotaPiuitc�f
Misty L. Pursel
APPROVED AS TO LEGAL SUFFICIENCY
BY:
tDylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
Stan Boling, 4CP, kirector
Community De pment Department
EXHIBIT "A"
DESCRIPTION OF PROPOSED 10 FEET WIDE ALLEY ABANDONMENT
A 10 FEET WIDE ALLEY LYING AND BEING IN BLOCK 2 AS SHOWN ON THE PLAT OF TROPICAL VILLAGE ESTATES,
AS RECORDED IN PLAT BOOK 4, PAGE 94 1/2, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID ALLEY
BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF 129TH AVENUE(A 70 FOOT WIDE RIGHT-OF-WAY);
BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF 129TH COURT (A 70 FOOT WIDE RIGHT-OF-WAY);
BOUNDED ON THE NORTH BY LOTS 1, 2 AND 3, AND BOUNDED ON THE SOUTH BY LOTS 4 AND 5.
SAID ALLEY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 2 OF AFOREMENTIONED TROPICAL VILLAGE ESTATES
RUN SOUTH 89°27'22" EAST ALONG THE SOUTH LINE OF SAID LOTS 1, 2 AND 3 A DISTANCE OF 220.00 FEET TO THE
WEST RIGHT-OF-WAY LINE OF 129TH AVENUE (A 70 FOOT WIDE RIGHT-OF-WAY); THENCE LEAVING SAID SOUTH
LINE RUN SOUTH 00°31'08" WEST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 10.00 FEET TO THE
NORTHEAST CORNER OF OF LOT 5, SAID BLOCK 2; THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE RUN NORTH
89'27'22" WEST ALONG THE NORTH LINE OF LOTS 4 AND 5, BLOCK 2 OF SAID TROPICAL VILLAGE ESTATES A
DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF 129TH COURT (A 70 FOOT WIDE RIGHT-OF-WAY);
THENCE LEAVING SAID NORTH LINE RUN NORTH 00°32'14" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A
DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED ABANDONMENT CONTAINING 2,200.38 S.F MORE OR LESS.
SURVEYOR'S NOTES.
1 UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING,
SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
2. NO SEARCH WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR
3. ANY FOUNDATIONS AND UNDERGROUND UTILITIES WERE NOT OBSERVED OR RECORDED FOR THIS SKETCH AND DESCRIPTION.
4. BEARINGS SHOWN ARE BASED UPON NAD83/2007 FLORIDA EAST ZONE (901). THE BEARING OF NORTH 89°27'22" WEST ALONG THE
SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 512.
5. THIS MAP IS A SKETCH AND DESCRIPTION OF ABANDONMENT OF A 10 FEET WIDE ALLEY A BOUNDARY SURVEY WAS NOT PERFORMED
TO DELINEATE THE BOUNDARY LIMITS OF SAID ABANDONMENT PARCEL.
6. THE DESCRIPTION SHOWN HEREON WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS DIRECTED BY THE CLIENT
7 THIS SKETCH AND DESCRIPTION OF ABANDONMENT OF 10 FEET WIDE ALLEY IS COMPRISED OF TWO (2) PAGES, ONE (1) IS NOT VALID
WITHOUT THE OTHER.
LEGEND
I.R.F.W.C.D.
INDIAN RIVER FARMS WATER CONTROL DISTRICT
R.O.W.
RIGHT OF WAY OR RIGHT OF WAY DATA
LR CO. FL.
INDIAN RIVER COUNTY, FLORIDA
FL.
FLORIDA
PG
PAGE
P.O.B.
POINT OF BEGINNING
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CALCULATED DATA
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(P)
PLAT DATA
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OBSERVED
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POINT OF CURVATURE
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POINT OF TANGENCY
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P.B. PG.
PLAT BOOK, PAGE
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CERTIFIED TO-' �
tis
GREG ZAINO;/;;,_ .... .: Y
THIS IS NOT A BOUNDARY SURVEY
C e� a CARTER ASSOCIATES, II�TC. Pte,. ;°2.S
CONSULTING ENGINEERS AND LAND SURVEYORS FAWN BY. SG
aPPD.BY DIL
1708 21st STREET, VERO BEACH, FL 32960 RGTBY11
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TEL. (772) 562-4191 FAX (7'72) 562-7180 REF a %-30C
FB &PG 78M2
DAVID E. LUETHJE;'Fl:<F
C.A.I. LB. 205 SIGNATUF
SKETCH AND
LOTS 1 THRU 5 INCLUSIVE, BLOCK 2 OF TROPICAL
ESTATES FELLSMERE, FLORIDA
10 FEET WIDE ALLEY ABANDONMENT
1�SEIEET
11"OF 2�
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EXHIBIT "A"
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0
0
0 0
0
COUNTY ROAD 512 — _ 1
� 100' RICHT-OF-WAY r
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0 0
0 0
1
- SO R -OF-WAY UNE
S 89'27'22" E 220.00' 1 N 89'27'22"
73.33' (P) III 73.34' (P) I I 73.33' (P)
EASEMENTS ABANDONEDr 1
ON 10/21/14 E— I_ 1 EASEMENTS ABANDONED
I 1 I Ll•I ON 70/27/14
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04 g III I I zl
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oL) a w LOT 1 I I LOT 2 I I LOT 3 3 ¢ o
7
M BLOCK 2 III BLOCK 2 I I BLOCK 2 M
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LO
O P.O.B. CORNER I LOM UNE O
Ln
Lor 1 LOTS �. z n B
I 73.33' (P) I I I 73.34' (P) I I 73.33' (P) 1
135.00' ;.'/R�/ 34.99'
N 00'32'14" E N 89'27'20; W 220.00' S 00'31'08" W �NE CORNER
10.00' NORTH UNE 10,00' r LOT 5
Drs • h 5
O PROPOSED ABANDONEDLITY I I O w
alj 5' DRAINAGE AND UTILITY JI N PROPOSED
i EASEMENT (P) I 10' WIDE ALLEY
Lo LOT 4 ABANDONEDMENT LOT 5
I BLOCK 2 I I BLOCK 2 3
PROPOSED ABANDONEDMENT s
I-- p
5' DRAINAGE AND UTILITY
O PROPOSED 10' WIDE ACCESS, ' I EASEMENT (P) 3' DRAINAGE & M
O DRAINAGE AND UTILITY EASEMENT UTILITY EASEMENT o
I Z I I PER P8. PG. 94 7/2
1`\\
r 3' DRAINAGE & UTILITYJ N 8972722" 220.00' + 1
EASEMENT PER PB. 4
PG. 94 1/2 5' DRAINAGE AND UTILITY
5' DRAINAGE AND UTILITY EASEMENT (P)
Iv EASEMENT (P) a
o LOT 6I I LOT 7 �I
BLOCK 2 BLOCK 2
5 I I I3' DRAINAGE &
? UTILITY EASEMENT
PER PB. PG. 94 1/2
i
z----11 0 -GO!- ( —1 19:8
3' DRAINAGE & UTILITY
S EASEMENT PER PB. 4 J
PG. 94 1/2
3
z LI\JOLr-LS�Lf'Ll
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0 2040
SCALE. (I loch = 40 Feel)
3
S
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s THIS IS NOT A BOUNDARY SURVEY
DATE 1V13201G
e r = oma'"' CARTER ASSOCIATES, INC. PRO,. �2 SKETCH AND DESCRIPTION SHEET
"CONSULTING ENGINEERS AND LAND SURVEYORS DRAWNBY.SG ^ OF ^
e 1708 21st STREET, VERO BEACH, FL 32960 PPLLOT SY SS BY DEL QA LOTS THRU 51NCLUSNE, BLOCK 2 OF TROPICAL VILLAGE 1 L
TEL. (772) 5624191 FAX: (772) 562-7180 REFI 19MZ ESTATES FELLSMERE, FLORIDA
FB&M 76 2 10 FEET WIDE ALLEY ABANDONMENT Dg. t, 19819-A