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Home My WebLink About05-126 This instrument prepared by: Janet LiCausi, under the direction of Daniel S. Mclntyre, 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 # 261292704/29/2005 at 11:40 AM OR BOOK 2228 PAGE 367 - 375 Doc Type: RESO RECORDING: $78.00 RESOLUTION NO. 05-126 DATE: AprilS, 2005 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 A 30 FOOT RIGHT-OF-WAY IN SECTION 4, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. That Sections 1 77.101, 3 36.09 and 336.10, Florida Statutes, a s a mended, and Section 11.10.01 et. seq. of the St. Lucie County Land Development Code, provide that the § ·rl .µ 'rl U) 'rl g, ~ >. .µ 2. H ~ 8 0... .. .8 ~ .µ & 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. Pursuant to Deed Book 78, Pages 609-610, St. Lucie County and the general public have a dedicated interest in the following described land: A certain parcel of land lying in Section 4, Township 34 South, Range 39 East, St. Lucie County Florida. Said parcel being more particularly described as follows: The Westerly 30.00 feet of the Southwest one-quarter of said Section 4, Township 34 South, Range 39 East, Said parcel being bounded on the North by a line which lies 40.00 feet South of and parallel to the North line of the . 1 Southwest one-quarter of aforesaid Section 4, Township 34 South, Range 39 East, and said parcel is bounded on the South by a line which lies 44.00 feet North of and parallel to the South line of the Southwest one-quarter of Section 4, Township 34 South, Range 39 East. Contains 1.767 acres more or less. 3. The abandonment of a portion of this 30 foot right-of-way will allow Lennar Homes to develop their property that lies on either side of this right-of-way. 4. A Notice of Intent to Abandon was advertised on December 12, 2004 and December 19, 2004 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. All abutting property owners have been notified and no objections have been filed. 8. On March 22, 2005, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on April 5, 2005. 9. On March 25, 2005, a Notice of Public Hearing was advertised in the Fort Pierce Tribune. 10. At the April 5, 2005 Public Hearing, the Board of County Commissioners 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 certain parcel of land lying in Section 4, Township 34 South, Range 39 East, St. Lucie County Florida. Said parcel being more particularly described as follows: The Westerly 30.00 feet of the Southwest one-quarter of said Section 4, Township 34 South, Range 39 East, Said parcel being bounded on the North 2 by a line which lies 40.00 feet South of and parallel to the North line of the Southwest one-quarter of aforesaid Section 4, Township 34 South, Range 39 East, and said parcel is bounded on the South by a line which lies 44.00 feet North of and parallel to, the South line of the Southwest one-quarter of Section 4, Township 34 South, Range 39 East. Contains 1.767 acres more or less. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That a certain parcel of land lying in Section 4, Township 34 South, Range 39 East, St. Lucie County Florida. Said parcel being more particularly described as follows: The Westerly 30.00 feet of the Southwest one-quarter of said Section 4, Township 34 South, Range 39 East, Said parcel being bounded on the North by a line which lies 40.00 feet South of and parallel to the North line of the Southwest one-quarter of aforesaid Section 4, Township 34 South, Range 39 East, and said parcel is bounded on the South by a line which lies 44.00 feet North of and parallel to, the South line of the Southwest one-quarter of Section 4, Township 34 South, Range 39 East. Contains 1.767 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 Frannie Hutchinson Vice-Chairman Doug Coward AYE AYE AYE NAY AYE Commissioner Paula Lewis Commissioner Chris Craft Commissioner Joseph E. Smith 3 '( .,. PASSED AND DULY ADOPTED this 5th day of April, 2005. ATTEST: )~dut/h£;-- D FUTY CLERK ì 4 ,¡ ...t;. , . ;i : :.;:;V~:-'~'~?}~ '~---:_..i;·,¡;".~--, . ..; ;~~ BY: SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF ST. LUCIE . Before the undersigned authority personally appeared, S. Darlene Mailing. who on oath says that she is Classified Inside Sales Manager of the Fort Pierce Tribune, a daily newspaper published at Fort Pierce in St. Lucie County. Florida: that the attached copy of advertisement was publshed in the Fort Pierce Tribune in the following issues below. Affiant further says that the said Fort Pierce Tribune is a newspaper published in Fort Piwce, 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 or promised any person, firm or corporation ,my discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Fort Pierce Tribune has been entered as Periodical Matter at the Post Offices 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. Customer Ad Number Pub Date Copvline PO# MICHAEL B. SCHORAH & ASSOC 861175 12/12/2004 NOTICE OF INTENT NOTICE OF INTENT MICHAEL B, . 10RAH & ASSOC 12/19/2004 Subscribed and sworn to me before this date: DecembeQ9,~~& I '-h1_:¿. <V. p~ IÔ~~(f r / --)vl (c: Notary Puttlic I --:-- /) ( ( tj-J{j/I~- o ""'~"'~ 'UARY T. BYRNE m~.... . ........ of F10rtda ¡ ~ Notary PublIC - ~..... ~. . .É Ai/yCoolmi&slonExpiæAug2,2008 ~~~ Conìmmissio.n I DD132B04 ""'t.f,W- Bonded By National Notary Alan. -~._ - "'_0· ""_ _ d NOTICE OF INTENT 1'0- ; J. ABANDON ¡ Y .11 F _ au WI take notice that I T In accordance with the .1 o prOVISions of Sections ì 177.101, as amended " 336.09 and 336.10, Flori- t da Statutes, as amend- ,. ed, and St. Lucie County Land Development. Code, Section 11.10.01 ~ et. seq., Indrio Groves j. Land Trust by Lennar . Homes, Inc., a Florida t Corporation intends to ~ file a petition requesting ¡ that the St. Lucie County I Board of County Com- I miSSioners close va : cate: and abandon' that f portion of an unnamed ! public right-of-way here- \ ,nafter described, and ,j renounce and disclaim ' any right of St. Lucie ¡ County, Florida, de- « scribed as follows: I ;: LEGAL DESCRIPTION 1- A certain parcel of land l Iyrng In section 4, town- , . sh,p 34 south, range 39 ! _ east, St. Lucie County , Jk Florrda. Said parcel be: i Lt, Ing. more particularly de- ~ scribed as follow: the ~ ,- westerly 30.00 feet ofl r~ the southwest one- ~ xc qyarter (1/4) of said sec-¡ tlon 4, township 34 _ south, range 39 east I said parcel being bound: ed on the north by a line which lies 40.00 feet '- south of and parallel to I the north line of th~ _ southwest one-quarter , I (1/4) of aforesaid section . 4, township 34 south range 39 east, and saið¿,j parcel IS bounded on thff~1 south by a line WhiCtf'I" lies 44.00 feet north of~. and parallel to, the southi(' ~: line of the S.W, one.'#' 9 quarter (1/4) of section~ 4, township 34 SOUthi~':f Cr:~::i:9s ea1s~~67 ;cres!~JI' more Or less. ' NAME OF PETITIONER' ~~~S~'O Groves Land 11 by Lennar Homes Inc., a Florida. Corpora: tlon .ADDRESS1015 N.' State Road 7, Suite C I Royal Palm Beach FL 33411 ' f PUblish:December 1l.j 19, 2004 c'c}~ 861175 .. ,Wil -- NqTICE O~ ~,UJ3L.IC HI2AF-~ IG~___- - .. "'-"--- ....__"n.______Q ~ 2005 TO WHOM IT MAYGONCERN: '-- -- ...... - 'c~~__~"_ 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, 2300 Virginia Avenue, Fort Pierce, Florida, on-April &;-2005, at ô:00P.M,-o'ël3 soon thereafter as practicable, on the petition of David Baselice, Vice President of Lennar Homes to close, vacate and abandon a 30 foot unopened, unmantained 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 right of way in St. Lucie County, Florida, being more particularly described as follows: A certain parcel of land lying in Section 4, Township 34 South Range 39 East, St. Lucie County, Florida. Said parcel being more particularly described as follow: The westerly 30.00 feet of the Southwest one-quarter of said Section 4, Township 34 South Range 39 East, said parcel being bounded on the north by a line which lies 40.00 feet south of and parallel to the north line of the southwest one -quarter of aforesaid Section 4, Township 34 South Range 39 East, and said parcel is Bounded on the South by a line which lies 44.00 feet North of and Parallel to, the South line of the Southwest one-quarter of Section 4, Township 34 South Range 39 East Contains 1.767 acres, more or less. All interested 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 TOO 772) 462-1428 at least forty-eight (48) hours prior to the mee.ting_.___...~=----_ __ ~_ ! , ! ....... L= ~::' P"">4· ~..."'.oø M...w'V r--::- Ø/,ÞMY "'4 t 4U ----,...., ""'" . -..: . i.~~ ...... ...... r ~ II.' f " . " i T..·\ ".' ¡"¡ I _.' 4 "'.;::." 'u -, -"--".,..-..--..,..,.--. ~~. ~r ~ ~j ~ -1 I ~, ~ "I ,ru(t'""¡,,I. ""'-. ct!.'otr,. N I .- ...- ,... ......~ ........... .1 ~I =1 111] I.... '"'.... .....,..... ".).. "'-'llt1 ,....... œ. ..... .u î~;': ~ I· 1t.:: .... , , Þ'tf .. lClM ,,_. >~"'" ...~ '0 ",t ~......nUI.I,," _MPI to, ~ 7 ~t. Il·...l-tu.~ JJtOIkUI' I ; (C, II< i "J I : . I ~ ~~,... 0 ~.......-; -'Co \1ft + -- ç",...( .......co -..... ,1'tr~.c:t\4L. .:0. t~ .-~, fPGt\o[1I'S 1j.1.~ ~:¡1- IJI( n.· ¡ .....J j ~ 16 . 1 -.. llliJi I 1 17 ca? j i I ". I ;;, I .~". I "" :L' , IOU .....- ~ ¡.tIk~... '1,;'.,:- ø'1)C1:...;, ;.¡ I ...- I ar<)~'\. , ""- ec....~.-.:. "(G4 ¡ .;,t.W(1., 110< ... I . .i1~ , I I í '1..11 ~ i , , Of ~~! . r.....J.. - . u "'" '''''''........~" ...~,...'" Ittl".,".I& BÚAHU ut- COUNTY COMMISSIONERS S1. LUCIE COUNTY, FLORIDA /s/ Frannie Hutchinson, Chairperson PUBLISH DATE: March '26. 2005 ..... ........ ~.................................................. "... ScrilPs Treasure Coast Publishing Company ~ II II¡ STATE OF FLORIDA COUNTY OF ST LUCIE BEFORE THE UNDERSIGNED AUTHORITY APPEARED TAMMY PAGE WHOON OATH SAYS THAT HE/SHE IS ACCOUNTING CONTROLLER OF THE FT PIERCE TRIBUNE AND PT SAINT LUCIE TRIBUNE' A DAILY NEWSPAPER PUBLISHED AT FT PIERCE IN ST LUCIE COUNTY, FLORIDA, THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A SLCBOCC IN THE MATTER OF NOTICE OF PUBLIC HEARING IN THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE AND THE PT ST LUCIE TRIBUNE IN THE ISSUES OF March 25, 2005 AFFIANT FURTHER SAYS THAT THE SAID THE FT PIERCE TRIBUNE AND THE PT SAINT LUCIE TRIBUNE IS A NEWSPAPER PUBLISHED 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 TRI~UNE 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 ADV~RTISEMENT. J ~ER SWORN TO AND SUBSCRIBED BEFORE ME THIS 12 DAY OF APRIL A.D. 2005 NOTICE OF ABANDONMENT 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 e1. sSq. of the S1. LucieCounty Land Development Code, on the 5 day of April, 2005 the Board ot County Commissioners of S1. Lucie County, Florida, approved the petition, to close, vacate and abandon a portion of a 30 foot right-of-way in Section 4, Township 34, Range 39, hereinafter described, and renounce and disclaim any right of S1. Lucie County and the public in and to the lands lying within that portion of said public right-of-way in S1. Lucie County, Florida, being more particularly described as follows: A certain parcel of land lying in Section 4, Township 34 . South, Range 39 East, S1. Lucie County, Rorida.Said parcel being more particularly described as follows: The westerly 30.00 feet of the Southwest one-quarter of said Section 4, Township 34 South Range 39 'East, said parcel being bounded on the North by a line which lies 40.00 feet South of and parallel to the North lineof the Southwest one -quarter of aforesaid Section 4, Township 34 South Range 39 East, and said parcel is Bounded on the South by a line which lies 44.00 feet North of and Parallel to, the South line of the Southwest . on&quarter of Section 4, Township 34 South Range 39 . East Contains 1.767 acres, more or less. BOARD OF COUNTY COMMISSIONERS . ST. LUCIE COUNTÝ, FLORIDA PUBLISH DATE: April 12,2005 ~ .~~~..~.~.~.~..~...~.~. ~~. ~..~.~. ~~ .~.~..~.~..~~. ...~...., ~~""" ~s Treasure Coast Publishing Company ~ II., rATE OF FLORIDA )UNTY OF ST LUCIE BEFORE THE UNDERSiGNED AUTHORITY APPEARED TAMMY PAGE WHO ON OATH SAYS THAT HE/SHE is :;COUNTING CONTROLLER OF THE FT PIERCE TRIBUNE AND PT SAINT LUCIE TRIBUNE A DAILY NEWSPAPER JBLlSHED AT FT PIERCE IN ST LUCIE COUNTY, FLORIDA, THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A SLCBOCC IN THE MATTER OF NOTICE OF ABANDONMENT THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE AND THE PT ST LUCIE TRIBUNE THE ISSUES OF April 12, 2005 AFFIANT FURTHER SAYS THAT THE SAID THE FT PIERCE TRIBUNE AND THE PT SAINT LUCIE TRIBUNE A NEWSPAPER PUBLISHED AT FT PIERCE, IN SAID ST LUCIE COUNTY, FLORIDA WITH OFFICES AND PAID CIRCULATION MARTIN COUNTY, FLORIDA AND DISTRIBUTED IN MARTIN COUNTY, FLORIDA AND ST LUCIE COUNTY, FLORIDA, )R A PERIOD OF ONE YEAR PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT; ~D AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORPORATION ~y DISCOUNT, REBATE, COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR JBLlCATION IN THE SAID NEWSPAPER. THE THE FT PIERCE TRIBUNE HAS BEEN ENTERED AS SECOND CLASS MATTER AT iE POST OFFICE IN STUART, MARTIN COUNTY, FLORIDA, AND FT PIERCE, ST LUCIE COUNTY, FLORIDA AND HAS BEEN )R A PERIOD OF ONE YEAR PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT. dJÞ.· ~.~~ Tammy Page - CONTROLLER I\IORN TO AND SUBSCRIBED BEFORE ME ilS 18 DAY OF APRIL D. 2005