HomeMy WebLinkAbout03-312This instrument prepared by:
danet LiCausi, under the direction of
Daniel S. Mclntyre, County Attorney
St. Lucie County
22100 Virginia Avenue
Fort Pierce, FL 34982
RESOLUTION NO. 03-312
DA TE: December 2, 2003
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, CLOSING, VACATING AND ABANDONING
ANY INTEREST OF ST. LUCIE COUNTY AND THE GENERAL PUBLIC IN
ALL THAT PART OF ROAD RIGHT OF WAY DESIGNATED AS WEST
AVENUE C ACCORDING TO THE PLAT OF JAY GARDENS AS
RECORDED IN PLAT BOOK 10 AT PAGE 70, OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA. SAID RIGHT OF WAY BOUNDED ON
THE WEST B Y THE EAST RIGHT OF WA Y LINE OF MARIE ROAD AND
BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY OF CORINE
ROAD.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1.. That S ections 1 77.101, 336.09and336.10, F lorida S tatutes, a s a mended, a nd S ection
11.10.01 et. seq. of the St. Lucie County Land Development Code, provide that the
County may adopt resolutions vacating rights-of-way in whole or in part, which are
under the jurisdiction of the Board of County Commissioners of St. Lucie County,
Florida.
2. Pursuant to Plat Book 10, Page 70, St. Lucie County and the general public have a
dedicated interest in the following described land:
ALL THAT PART OF ROAD RIGHT OF WAY DESIGNATED AS
WEST AVENUE C ACCORDING TO THE PLAT OF JAY GARDENS
AS RECORDED IN PLAT BOOK 10 AT PAGE 70, OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID RIGHT OF
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WAY BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY
LINE OF MARIE ROAD AND BOUNDED ON THE EAST B Y THE
WEST RIGHT OF WAY OF CORINE ROAD
The abandonment of West Avenue C right-of-way is an unopened, unmaintained right-of-
way and will prevent the use of off road vehicles and the use ora short cut to surrounding
..
areas..
A Notice of Intent to Abandon was advertised on June 11 and June 18, 2003. No
objections were filed.
All relevant public utilities have given written consent for the abandonment. St. Lucie
County Road and Bridge Division has requested that the abutting property owners
dedicate 15feet each as a utility and drainage easements to the County.
On November 14, 2003, letters were mailed to all property owners'lying within 300feet
of proposed abandonment area and no objections were filed.
On October 8, 2003, the Board of County Commissioners approved Permission to
Advertise for a Public Hearing on December 2, 2003.
On November 14, 2003, a Notice of Public Hearing was advertised in the Ft. Pierce
Tribune.
At the December 2, 2003 Public Hearing, the Board determined that it is in the best
interest of the public to vacate and abandon the right-of-way more particularly described
as follows:
ALL THAT PART OF ROAD RIGHT OF WAY DESIGNATED AS
WEST AVENUE C ACCORDING TO THE PLAT OF JAY
GARDENS AS RECORDED IN PLAT BOOK 10 AT PAGE 70, OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
SAID RIGHT OF WAY BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LINE OF MARIE ROAD AND
3
BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY OF
CORINE ROAD
SUBJECT TO THE DRAINAGE AND UTILITY EASEMENTS DEDICATED TO
THE COUNTY
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
That West Avenue C which is more particularly described as follows..
ALL THAT PART OF ROAD RIGHT OF WAY DESIGNATED AS WEST
AVENUE C ACCORDING TO THE PLAT OF JAY GARDENS AS RECORDED IN
PLAT BOOK 10 AT PAGE 70, OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA. SAID RIGHT OF WAY BOUNDED ON THE WEST BY
THE EAST RIGHT OF WAY LINE OF MARIE ROAD AND BOUNDED ON THE
EAST BY THE WEST RIGHT OF WAY OF CORINE ROAD
hereby closed, vacated and abandoned and the right, title and interest of St. Lucie County and
the general public in and to said lands hereby disclaimed and renounced.
Chairman Paula Lewis
AYE
Absent
Vice-Chairman John Bruhn
Commissioner Frannie Hutchinson A YE
Commissioner Cliff Barnes A YE
Commisstoner Doug Coward A YE ,.,
PASSED AND D UL Y ADOPTED this 2 day of December 200g}~ ;¢-'~'¢,~:';'~?
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APP~VED AS TO FORM
B D CO UNTY A~~E Y
SCRIPPS TREASURE COAST
NEWSPAPERS
Fort Pierce Tribune
Port St. Lucie Tribune
600 Edwards Road, Fort Pierce, FL 34982
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF ST. LUClE
Before the undersigned authority personally appeared, S. Darlene Mailing, who on oath says that she is Classified
Inside Sales lVlanager of the Fort Pierce Tribune and the Port St. Lucie Tribune, a daily newspaper published at
Fort ~'ierce in St. Lucie County, Florida: !h~t the attached',copy of advertisement was published in the Fort
Pierce/Port St. Lucie Tribune in the following issues below. Affiant further says that the said
Fort Pierce/Port St. Lucie Tribune is a newspaper published in Fort Pierce in said St. Lucie County, Florida, and
that said newspaper has heretofore been continuously published in said St. Lucie County, Florida daily and
distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for
publication in 'Ihe said newspaper. The Fort Pierce Tribune has been entered as second class matter at the Post
Office in Fort Pierce, St. Lucie County, Florida and has been for a. period of one year next preceding the first
publication of the attached copy of advertisement.
Pub CoDvline PO #
Ad # Customer Name Date
2716986 Lars R. Strom 06/11/2003 NOTICE OF INTENT
06/18/2003 NOTICE OF INTENT
OR BOOK 1878 PAGE
Subscribed and sworn to me before this date:
06/.18/2003 , ,
Notary PL~bIic
~'~
~~ Commmlasion
CONCERN:
¥ob wilt tal~e notice t~at in
accordance with the provi-
sions of Se~ions 177J01,
as amended 336.09 a~d
336.10~ Rorida Sta~es,'a~
amended, and SL Lucie
Count; Land Develobm~nt
seq., Ears S~om intends to
file a petition r~uesting
t~at me St. L0cie Coun~
Boar~ of' Coun~ Commis-
sioners close vacate and
.obondon
public road, West Avenue
C, ~ereinoffer described,
and renouace and di~loim
'ony right of St.-Lucie
CounW and ~e oub~ic in
end to the I~nds lying
wi~fn that
public rood, West Avenue
C i~ St.~Lucie Coun~,'Florl-
do descri~
West ~venue' C
Divislo~ Joy
pog& 70; Public Records
St. Lucie
Nome o~ 3efitioner: L~rs
Strata
Publbh~ Jun~ ]~, 38, 2003
SCRIPPS TREASURE gOAST PUBLISHING COMPANY
The Fort P:erce Tribune
PO Box 69 Pt Pierce, Florida 34954-0069
Affidavit of Publication
HELEN-FINANCE DEFT
ST LUCIE CO BOARD OF CO COMM
2300 VIRGINIA AV
FT PIERCE FL 34982-5653
REFERENCE: 10003543
839223
46/WEST AVE C-JAY GA
STATE OF FLORIDA
COUNT!~ OF ST LUCIE . ~
Before the undersigned autMoritv persona±±v
appeared, T~mmy ~agD, who on oath s~ys that she is
the Connro±±er o: nme Ft Pierce ir±Dune, a
aily ne~pap~r p~%ish~d=at_~t Pierce_An St. Lucie
ounny. ~±orl~a. A~zian~ zur~ner says nnat the
said ~t Pierce Tribune~is ~ ne~pap~r pBb~is~d at
Ft Pierce in St Lucie counnv, ~±or~a wmun oznzces
and paid circulation in St Lucie County, and
distributed in St Lucie County, Florida for a
p~riDd of onD ~ear pre~ed%ng ~e first pu~lig~io~
9t ~e attacn~ gop¥ Dy amve¥~Asemen~~ anm a~zzann
zurmner says mnau she nas nezmner pamm nor
~romised any person, firm or corporation any
~iscount. rebate, commission or refund [or the
mur~ose ~f securmng this &dvertisement tot
~ub[ication in the said newspaper. The Ft Pierce
Tribu~[e has been entered as ~econd class matter at
e pqst o[f~ce ~n Ft~Pierce, St~Lugie County,
±orloa an~ nas Deem ~or a Derlo~ DE one vear
preced%ng~the~fir~ publication of the attached
copy o~ nme a~vern~semen~.
PUBLISHED ON: 11/14
'AD SPACE: 30 840} :NCH
FILED ON: 12/ 0
........... : .......................... ' ..............
In Test~l~~~~a~ve he.re, unto set my hand and affixed my offical
stamp, lne ~-an~ y~ar aEoresaz~:
NotaryV' ' ~.~ ~,:~~) ~ My Commission ' ~'"'"> ~-- '
~~$ ~ Aug. 12, 2~6
OR BOOK 1878 PAGE 913
~t~i~CE OF PUBUC HEARIF'~
December 2, 2003
TO WHOM IT MAY CONCERN'
You will. take notice that in accordance
with the provisions of Sections 177.101
336.09 and 336.10, Florida Statutes, as
amended, and the St. Lucie County Land
Development Code, Section 11.10.01 et.
seq., a public hearing will be held by the
St. Lucie County Board of County
Commissioners, in the County Commission
Chambers, 3rd floor of the Roger Poitras
Administration Annex, £300 Virginia
Avenue, Fort Pierce, Florida, on December
2, 2003, at 7:00 P.M. or as soon
thereafter as practicable, on the petition
of Lars Strom, to close, vacate and
abandon and relocate a public right-of-
way, hereinafter described, and renounce
and disclaim any right of St. Lucie County
and the public in and to the lands lying
within said public right-of-way in St. Lucie
County, Florida, being more particularly
described as follows:
ALL THAT PART OF ROAD RIGHT OF
WAY DESIGNATED AS WEST
AVENUE C ACCORDING TO THE
PLAT OF JAY GARDENS AS
RECORDED IN PLAT BOOK 10 AT
PAGE 70, OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA.
SAID RIGHT OF WAY BOUNDED_ON
THE WESJ BY THE EAST RIGHT OF
WAY LINE OF MARIE 'ROAD AND
BOUNDED ON THE EAST BY THE
WEST RIGHT OF WAY OF CORINE
ROAD.
All intbrested parties may appear and be
heard at the time and place above
specified. Written comments received in
advance of the public hearing will also be
considered. Anyone with a disability
requiring accommodation to attend this
meeting should contact the St. Lucie
County Community Services Manager at'
(772) 462-1777 or TDD (772) 462-1428
at least forty-eight (48) hours prior to the
meeting.
SKETCH OF ABANDONMENT AREA
· i7. ,4, :,'Z ~f ' ~'' ~.' '" (.(,.~'Z'~¥~
II~' .....t'""' ' '
/1i~!I'' , ,l j i,,
! BOARD OF COUNTY COMMISSIONERS
,/ST. LUCIE COUNTY, FLORIDA
Scripps Treasure Coast Publishing Company
STATE OF FLORIDA
COUNTY OF ST LUCIE
BEFORE THE UNDERSIGNED AUTHORITY APPEARED TAMMY PAGE WHO ON OATH SAYS THAT HE/SHE IS
ACCOUNTING CONTROLLER OF THE FT PIERCE TRIBUNE AND PT SAINT LUCIE TRIBUNE A DAILY NEWSPAPER
PUBLISHED AT FT PIE. RCE IN ST LUCIE COUNTY, FLORIDA, THAT THE A3-rACHED COPY OF ADVERTISEMENT, BEING A
840965 IN THE MATTER OF St. Lucie Co. Board of Co. Corem
IN THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE AND THE PT ST LUCIE TRIBUNI
IN THE ISSUES OF December 12, 2003
AFFIANT FURTHER SAYS THAT THE SAID THE FTPIERCE TRIBUNE AND THE PT SAINT LUCIE TRIBUNE
IS A NEWSPAPER PUBI~ISHED AT FT PIERCE, IN SAID ST LUCIE COUNTY, FLORIDA WITH OFFICES AND PAID CIRCULATION
IN MARTIN COUNTY, FLORIDA AND DISTRIBUTED IN MARTIN COUNTY, FLORIDA AND ST LUCIE COUNTY, FLORIDA,
FOR A PERIOD OF ONE YEAR PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT;
AND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORPORATION
ANY DISCOUNT, REBATE, COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR
PUBLICATION IN THE SAID NEWSPAPER. THE THE FT PIERCE TRIBUNE HAS BEEN ENTERED AS SECOND CLASS MATTER AT
THE POST OFFICE IN STUART, MARTIN COUNTY, FLORIDA, AND FT PIERCE, ST LUCIE COUNTY, FLORIDA AND HAS BEEN
FOR A PERIOD OF ONE YEAR pRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT.
SWORN TO AND SUBSCRIBED BEFORE ME
THIS 7 DAY OF January
I~.,~"~,,~ ;Emma ~[ea~ Smith ~,
~i~.~ ~nded T~ - -- NOTARY ~U~IC
TO WHOM IT MAY CONCERN: -'
In accordance'with the provisions of Sections ..'...
177.101, 336.09 and 336.10, Florida~
Statutes, as amended, and Section .11.10.01
.et. seq.-'of the St. Lucie County .Land..:"
Development Code, on the 2nd day Of
December, 2003, the Board of County-
· Commissioners of St. Lucie County, Florida,
approved .the~i petition, to close, vacate and.'
~ aband0n' W~st Avenue C, a public right-of-way-.::
in Jay '.':Gardens Subdivision, hereinafter
described;'_:::and 'renounce and disclaim any--
right-of-way in. St. Lucie.-County, and thew.'.
' public in-.ahd, to the landS .lying within'that,
portion Of/said public right-of-way in St. LuCie
'CoUnty, Florida, being more particularly~
"deScribe'd"~is" follows: -
'ALL THAT PART OF ROAD RIGHT OF
WAY,-DESIGNATED AS WEST AVENUE C
.ACCORDING'i.~TO THE- PLAT' OF' .JAY
GARDENS AS RECORDED IN PLAT BOOK'
~10 .AT. PAGE 70; OF THE PUBLIC
RECORDS OF ST. LUCIE, FLORIDA. SAID
,RIGHT OF WAY BOUNDED ON THE WEST
BY THE 'EAST RIGHT OF WAY LINE OF'
MARIE ROAD AND BOUNDED ON THE
EAST BY THE WEST RIGHT OF WAY OF' '
CORINE ROAD.
80ARD OF COUNTY COMMISSIONERS
DATE: December 12 2003