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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 toe-' ot~r- 0 Z r_q m o i z Frl 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}~ ;¢-'~'¢,~:';'~? or sz r cm arrest: ., ,.::? CHalRM~ / 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