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HomeMy WebLinkAbout03-197 Corrected JOANNE HOLMA~, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY F~,le Nulr~bec: 249i289 OR BOOK 2083 PAGE 1878 Recorded :10/22/04 15:11 This instrument prepared by: danet LiCausi, under the direction of Daniel S. Mclntyre, County Attorney St. Lucie County 2300 Firginia Avenue Fort Pierce, FL 34982 RESOLUTION NO. 03-197 Corrected DATE: October 7, 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 A PORTION OF HARDEE AVENUE, LYING IN SECTION 15, TOI~NSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT OF }VHITE CITY GARDENS,, AS RECORDED IN DEED BOOK 187, PAGE 408-410, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. }YHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. 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, 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 Deed Book 197, Page 133, St. Lucie County and the general public have a dedicated interest in the following described land: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE 50 FEET PLATTED RIGHT OF WAY FOR HARDEE AVENUE CONTIGUOUS TO LOTS 16, 17, 18 AND 19, AS PER PLAT OF WHITE CITY GARDENS, A SUBDIVISION OF THE WEST 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SHOWN ON THE PLAT RECORDED IN DEED BOOK 187, PAGES 408-410 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA. CONTAINS 0.162 ACRES +/- 2 OR BO0~( 2085 PAGE i879 The abandonment of this portion of roadway will allow full use of their property on both gides of Hardee Avenue. A Notice o flntent to Abandon was advertised on March 6 and March 1 3, 2003. No objections were filed. All relevant public utilities have given written consent for the abandonment. County Department staff members have reviewed the petition and do not object to the proposed abandonment contingent to Mr. & Mrs. Meehan dedicating a 10foot road right- of way on Kitterman Road to the County. All abutting property owners have been notified. Mr. Michael Lane objected to the abandonment. The Public Hearing was continued to October 7, 2003, so staff could review site with Mr. Lane. Staff found that the abandonment would not cause a hardship for Mr. Lane. On July 8, 2003 the Board of County Commissioners approved Permission to Advertise for a Public Hearing on August 19, 2003. On August 1, 2003, a Notice of Public Heating was advertised in the Port St. Lucie News. At the October 7, 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: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLL 0 WS: ALL THAT PORTION OF THE 50 FEET PLATTED RIGHT OF WAY FOR HARDEE A VENUE CONTIGUOUS T 0 LOTS 1 6 1 718 A ND 19, A S PER PLAT OF WHITE CITY GARDENS, A SUBDIVISION OF THE WEST 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SHOWN ON THE PLAT RECORDED IN DEED BOOK 187, PAGES 408-410 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA. CONTAINS 0.162 ACRES +l- SUBJECT TO RECEIPT OF A 10 FOOT. ROAD RIGHT-OF-WAY ON KITTERMAN ROAD FROM MR. AND MRS. MEEHAN. OR BOOK 2085 [:'AGE i880 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis, sioners of St. Lucie County, Florida: That a portion of Hardee Avenue which is more particularly described as follows: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE 50 FEET PLATTED RIGHT OF WAY FOR HARDEE AVENUE CONTIGUOUS TO LOTS 16 17 18 AND 19, AS PER PLAT OF WHITE CITY GARDENS, A SUBDIVISION OF THE WEST 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SHOWN ON THE PLAT RECORDED IN DEED BOOK 187, PAGES 408-410 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA. CONTAINS 0.162 ACRES +/- is hereby closed, vacated a nd abandoned a nd t he right, title a nd interest ofS t. L ucie County a nd t he general public in and to said lands hereby disclaimed and renounced. Chairman Cliff Barnes Vice-Chairman Paula Lewis Commissioner Frannie Hutchinson Commissioner John Bruhn Commissioner Doug Coward AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 7 day of October, 2003 ATTEST: DEPUTY CLE~ BOARD OF COUNTY cOMMISSIONERS OF ST. LUCIE C~~N APPROVED AS TO FORM CO~TY ATTO~ / AND