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HomeMy WebLinkAbout03-117 · " ' . I'm iü: 1'h1,~ v-ä '1(.11) ,.J\,JD fY'¡tfJ fill. it1 This instrument prepared by: Janet LiCausi, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 255887402/16/2005 at 11 :061W1 OR BOOK 2162 PAGE 1733·1736 Doc Type: RESO RECORDING: $35.50 RESOLUTION NO. 03-117 DATE: May 20,2003 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 DUNN ROAD, LYING IN SECTION 8, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. That 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-ol-way in whole or in part, which are under the jurisdiction of the Board of County Commissioners ofSt. Lucie County, Florida. 2. Pursuant to Deed Book 201, Page 53, St. Lucie County and the general public have a dedicated interest in the following described land: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING OF THE 100 FOOT WIDE DUNN ROADRIGHT-OF-WAY AS DESCRIBED IN DEED BOOK 201, PAGE 53, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING BOUNDED ON THE NORTH BY THE SOUTH LINE OF 1 PORT ST. LUCIE CANAL C-105, BEING BOUNDED ON THE SOUTH BY THE NOR TH LINE OF PORTST. LUCIE CANAL C-106. SAID LANDS CONTAIN 5.60 ACRES, MORE OR LESS. 3. The abandonment of the Dunn Road right-ol-way will allow Paul Rhodes to develop his property that lies to the East and West of Dunn Road. 4. A Notice of Intent to Abandon was advertised on June 23 and June 30, 2001, and no objections were filed. 5. All relevant public utilities have given written consent for the abandonment. 6. County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment. 7. Abutting properties had no objections. 8. City of Port St. Lucie passed Consent Resolution 02-R1 dated January 14, 2002. 9. On February 12, 2002, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on March 5, 2002. 10. On February 16, 2002, a Notice of Public Hearing was advertised in the Port St. Lucie Tribune. 11. On February 20, 2002, the County received a request to postpone the abandonment. 12. On January 21, 2003, the petitioner was notified that the right-ol-way deeds granting the Dunn Road right-ol-way to St. Lucie County contained a reverter clause. The petitioner was asked if they would like to continue with the abandonment. 13. On January 29, 2003, the County received a request to proceed with the abandonment of Dunn Road. 14. On April 15, 2003, the Board of County Commissioners approved Permission to Advertise for a Public Hearing May 20, 2003. 2 15. On May 20, 2003, the Board of County Commissioners approved the request to abandon a portion of Dunn Road under the condition of receiving a specific performance schedule for when the landscaping would be provided and approved by the County. 16. On January 20, 2005, after receiving certification that the landscaping was installed in compliance with approved landscape plans submitted by Houston Couzzo Group, Inc. dated June 2, 2004, it is in the best interest of the public to vacate and abandon the right-ol-way more particularly described as follows: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING A PORTION OF THE 100 FOOT WIDE DUNN ROAD RIGHT-OF-WAY AS DESCRIBED IN DEED BOOK 201, PAGE 53, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING BOUNDED ON THE NORTH BY THE SOUTH LINE OF PORT ST. LUCIE CANAL C-105, BEING BOUNDED ON THE SOUTH BY THE NORTH LINE OF PORT ST. LUCIE CANAL C-106. SAID LANDS CONTAIN 5.60 ACRES, MORE OR LESS. and to renounce and disclaim any rights of St. Lucie County and the general public in and to the right-ol-way of Dunn Road. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That Dunn Road more particularly described as follows: A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 36 SOUTH, 3 RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING A PORTION OF THE 100 FOOT WIDE DUNN ROAD RIGHT-OF-WAY AS DESCRIBED IN DEED BOOK 201, PAGE 53, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING BOUNDED ON THE NORTH BY THE SOUTH LINE OF PORT ST. LUCIE CANAL C-105. BEING BOUNDED ON THE SOUTH BY THE NORTH LINE OF PORT ST. LUCIE CANAL C-106. SAID LANDS CONTAIN 5.60 ACRES, MORE OR LESS. is 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 Cliff Barnes AYE Vice-Chairman Paula Lewis AYE Commissioner John Bruhn AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 2{fh day of May, 2003. ATTEST: BOARD OFC()UNTY COMMISSIONERS OF Sr~LUCIE .f..-'''i;>'\", _ ,~... :Ø'"'~'.,I CO(JN1;Y,FL~ { " Kr:>,;i. ;"""-,_+/~-"" APPROVED AS TO FORMAND ":-.¡,,:;"',, .]CORRECTNES~:-"" ~... \ '1 ,¡ L. ;' )~19j , _,.' J / /'~ . / BY: BY 4