HomeMy WebLinkAbout05-259
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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 # 268715308/12/2005 at 01:12 PM
OR BOOK 2331 PAGE 1466 - 1474 Doc Type: RESO
RECORDING: $78.00
RESOLUTION NO. 05-259
DATE: July 12, 2005
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, CLOSING, VACATINGANDABANDONINGANYINTERESTOFST.
LUCIE COUNTY AND THE GENERAL PUBLIC IN A PORTION OF DUNN ROAD, SOUTH
OF CANAL C-106, LYING IN SECTION 17 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-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 201, Page 53, St. Lucie County and the general public have a dedicated interest in
the following described land:
A portion of the 100' right-of-way for Dunn Road lying in Section 17, Township
36 South, Range 40 East, as recorded in Deed Book 201 at Page 53, Public Records of St.
Lucie County, Florida, being more particularly described by metes and bounds as follows:
Commencing at the southeast comer of the Plat of St. James Golf Club, according
to the Plat thereof, as recorded in Plat Book 38 at Page 4, Public Records of St. Lucie
County, Florida; thence N89'44'41"E, a distance of 256.82 feet; thence N89'43'31"E, a
distance of 1 ,264.82 feet to a point on the westerly right-of-way line of said Dunn Road,
and the point of beginning; thence NOO'13'10"W, along said westerly right-of-way line, a
distance of583 .98 feet to a point ofthe southerly right-of-way line for Canal C-1 06; thence
N89'44'50"E, along said southerly right-of-way line, a distance of 100.00 feet to a point
on the easterly right-of-way line of said Dunn Road; thence SOO'13'10"E, along said
easterly right-of-way line, a distance of 583.94 feet; thence S89°43'31 "W, a distance of
100.00 feet to the Point of Beginning. Containing 58,396 square feet or 1.34 acres, more
or less. Subject to any/all easements, reservations, dedications or restrictions.
3. The abandonment of a portion of Dunn Road right-of-way will allow K.B Homes to develop their property
that lies East and West of this portion of Dunn Road.
4. A Notice of Intent to Abandon was advertised on February 24,2005 and March 3, 2005 and no objections
were filed.
5. All relevant public utilities have given written consent for the abandonment. Florida Power and Light will
not abandon the Florida Power and Light Transmission Easement.
6. County staff members have reviewed the petition and have filed no objections to the proposed
abandonment contingent on K.B Homes contacting S1. Lucie County to address the landscaping
requirements in the median that is located within S1. James Drive directly in front ofthe subject parcel as
required by City of Port St. Lucie approval of this project. The abandonment shall not be recorded until this
condition in complied with to the satisfaction of the St. Lucie County Road and Bridge Manager.
7. All abutting property owners have been notified and no objections have been filed.
8. On June 14, 2005, the Board of County Commissioners approved Permission to Advertise for a Public
Hearing on July 12,2005.
9. On June 24, 2005, letters w ere mailed to all property owners' lying within 3 00 feet 0 f t he Þ roposed
abandonment.
10. On June 27,2005, a Notice of Public Hearing was advertised in the Fort Pierce Tribune and Port St. Lucie
News.
11. It is in the best interest of the public to vacate and abandon the right-of-way more particularly described as
follows:
A portion of the 100' right-of-way for Dunn Road lying in Section 17, Township
36 South, Range 40 East, as recorded in Deed Book 201 at Page 53, Public Records ofS1.
Lucie County, Florida, being more particularly described by metes and bounds as follows:
Commencing at the southeast comer of the Plat of S1. James Golf Club, according
2
to the Plat thereof, as Recorded in Plat Book 38 at Page 4, Public Records of S1. Lucie
County, Florida; thence N89"44'4l "E, a distance of 256.82 feet; thence N89"43'3l "E, a
distance of 1 ,264.82 feet to a point on the westerly right-of-way line of said Dunn Road,
and the point of beginning; thence NOO" 13'1 O"W, along said westerly right-of-way line, a
distance of 5 83 .98 feet to a point of the southerly right-of-way line for Canal C-l 06; thence
N89"44'50"E, along said southerly right-of-way line, a distance of 100.00 feet to a point
on the easterly right-of-way line of said Dunn Road; thence SOO" l3'lO"E, along said
easterly right-of-way line, a distance of 583.94 feet; thence S89" 43'31 "W, a distance of
100.00 feet to the Point of Beginning. Containing 58,396 square feet or 1.34 acres, more
or less. Subject to any/all easements, reservations, dedications or restrictions.
is hereby closed, vacated and abandoned and the right, title and interest of S1. Lucie County and the general public
in and to said lands hereby disclaimed and renounced.
Chainnan Frannie Hutchinson AYE
Vice-Chainnan Doug Coward AYE
Commissioner Paula Lewis AYE
Commissioner Chris Craft AYE
Commissioner Joseph E. Smith AYE
PASSED AND DULY ADOPTED this 12 day of July, 2005.
By:
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TO WHOM IT MAY CONCERN:
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In accordance with. the provisions of~ectiorls\ J'l7.~lQt;¡339':p9\_raqd:i.·: '
336.10, Florida Statutes, 'as amended', and Section ,lJ,.JO,Oletšêq/qfi-.' '
the St Lucie County Land beveloprnent·Ç9d~:-;,çHi,thce!+~dã.y<of_J',: "...~"
2005 the Board, of County. Commissionersot9.f.¡~ùç.!e Çbunty,FIÓri, ,_"/,,
approved the petition, to close, vacate,and.ªba.ri9cSbg"PQrtionof DLi~dC.'
~oad, an unopened, unmaintained. right-of,"way,herE3inafterdesçrLþ'ÿd~,,;,¡!i ;
and renounce and disclaim any, right ofSL LucieCountÿ~àlJdthé.pubUc¡~;;"~. "
in and to the lands lying within that portionofsaidpéµblic;r.ights7Qf-:,^,a~,.,-"r ~
. in St· Lucie. County, Florida, being morepa.rtiçularly, d'escribèd~':é:t .
folio' ws.' ;.¡" ',' ",.,. ~í.C;"". ......::-'.. ./.'-""
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. A portion ~f the 100 foot. roadrighFof-way,fo<r',purJQ;HoãaMY'Äf1
. in Section 17, Township 36 South, Hange.:40:ESa~t!,·.ªsr~c9r~ed in E?~~ct:, .
Book~201.· at Page 53, Public R.ecords.()f;$t~"LJlçieÇ8.h't;1ty,'Flodd~".j:~-
. ': be i I1g . mor.e . particu lar1y descri bed by metesa.hd,boü rîdS~?s follows:,!:, çr~?~
. . ....> ". . '. .' ..' . .' ..... .' ..r.,3';'/<~';'(: ;",":'''',, ;'\~>','.!{·¡F-'
Commencing at the .Southeast .éòrnêr:Óf~t~e:..~ .at,~8-f.:$t.:',:~ä~
Golf Club, according to the Plat thereof")asreç()rded-,iJ;h~{Plªt;,,B:Q,QJ~,
Page 4, ..-PublicHeco~ds of SL-blicJE!iG8Ünt,Y,iF'í()ri~a;Jh,.'
N89E44~41"E, - a '.. distance of 256.82f.eet,;'tbØl"!q~,N89E43'31'(
distance of 1,264.82 feet to a pointontHew~~tèrIY',t¡ght'of 'way·;rln'
said Dunn Road, and' the point of bE3girìhihg;;;tþe:f1êeNOQE13'tO
along said westerly right of way Iiné,adistånceôf"S83.98 feet toå,'p
ofthe. southerly right of way line for Canal C-1 06; thencßN89E44'p
~along said southerly right of way lil')e, a distance oftOQ,feet to a,p/
. ,.' " -: .... '._...._ :,._:_ ,','- 'f'" :"_ .,.- . ,-<,..:<.~
on . the easterly right of way line of said Dunn Rdad;·the~(.
SOOE13'10"E, along said easterly right of way line, a distance ,of 5f?à~~
feet; thence S89E43'31 "W, a distance of 100.00 .feet to the PO'ht:';
Beginning I . ..
Containing 58,396 sq ft or 1.34 acres, more or less.
Subject to any/all easements, reservations,
restrictions.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA'
ÞUBUSH DATE: July 16, 2005
~s Treasure Coast Publishing Company
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-ATE OF FLORIDA
)UNTY OF MARTIN: COUNTY OF ST. LUCIE
BEFORE THE UNDERSIGNED AUTHORITY PEARED TAMMY PAGE WHO ON OATH SAYS HE/SHE IS
;COUNTING CONTROLLER OF THE PORT ST LUCIE NEWS A DAILY NEWSPAPER
JBLlSHED AT STUART IN MARTIN COUNTY, FLORIDA, THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A
ST LUCIE COUNTY COMMISSIONERS IN THE MATTER OF NOTICE OF ABANDONMENT
THE COURT, WAS PUBLISHED IN THE PORT ST LUCIE NEWS
THE ISSUES OF July 16, 2005
AFFIANT FURTHER SA YS THAT THE SAID THE PORT ST LVCIE NEWS
A NEWSPAPER PUBLISHED IN MARTIN COUNTY, FLORIDA WITH OFFICES AND PAID CIRCULATION
MARTIN COUNTY, FLORIDA AND DISTRIBUTED IN ST LUCIE COUNTY, FLORIDA,
)R A PERIOD OF ONE YEAR PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT;
JD AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORPORATION
JY DISCOUNT, REBATE, COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR
JBLlCATION IN THE SAID NEWSPAPER. THE PT ST LUCIE NEWS 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
JR A PERIOD OF ONE YEAR PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COpy OF ADVERTISEMENT.
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Tammy Page - CONTROLLER
VORN TO AND SUBSCRIBED BEFORE ME
liS 22 DAY OF July
).
2005
,:~:~~ Emma Jean SmithC:--
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~0,\. }~§ Expires Aug. 12, 2006 NO Ä
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:cripps Treasure Coast Publishing Company
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-ATE 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
ST LUCIE COUNTY COMMISSIONERS IN THE MATTER OF NOTICE OF ABANDONMENT
THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE AND THE PT ST LUCIE TI
THE ISSUES OF July 16, 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;
m AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORPORATION
N 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.
a:I~~
Tammy Page - CONTROLLER
"JORN TO AND SUBSCRIBED BEFORE ME
jlS 22 DAY OF July
D.
2005
I" ,
NOTICE OF PUBLIC HEARI~G
July 12,2005
i,,:'>:
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.ü1 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 Anne~, 2300 Virginia Avenue, Fort Pierce, Florida, on July 12, 2005 at 6:00 PM. or as soon thereafter as
practicable, on the petition of KB Homes to close, vacate and abandon that portion of a public right-of-way known as Dunn
Road, 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:
A portion of the 100 foot road right-of-way, for Dunn Road lying in Section
17, Township 36 South, Range 40 East, as recorded in Deed Book 201 at Page 53,
Public Records of St. Lucie County, Florida, being more particularly described by
metes and bounds as follows:
Commencing at the Southeast corner of the Plat of St. James Golf Club,
according to the Plat thereof, as recorded in Plat Book 38, Page 4, Public Records of
St. Lucie County, Florida; thence N89E44'41"E, a distance of 256.82 feet; thence
N89E43' 31"E, a distance of 1 ,264.82 feet to a point on the westerly right of way line
of said Dunn Road, and the point of beginning; thence NOOE 13' lO"W, along said
westerly right of way line, a distance of 583 .98 feet to a point of the southerly right of
way line for Canal C-106; thence N89E44'50"E, along said southerly right of way
line, a distance of 100 feet to a point on the easterly right of way line of said Dunn
Road; thence SOOE 13' lO"E, along said easterly right of way line, a distance of 583 .94
feet; thence S89E43'31"W, a distance of 100.00 feet to the Point of Beginning
Containing 58,396 sq ft or 1.34 acres, more or less. Subject to any/all easements,
reservations, dedication or restrictions.
¡ Dunn Road Abandonment
_-L.
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 TDD (772) 462-1428 at
least forty-eight (48) hours prior to the
meeting.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
/s/ Frannie Hutchinson, Chair
PUBLISH DATE: June 27,2005
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Scripps Treasure Coast Publishing Company
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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 PIERCE IN ST LUCIE COUNTY, FLORIDA, THAT THE ATTACHED COpy OF ADVERTISEMENT, BEING A
ST LUCIE COUNTY COMMISSIONERS IN THE MATTER OF NOTICE OF PUBLIC HEARING
IN THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE AND THE PT ST LUCIE T
IN THE ISSUES OF June 27, 2005
AFFIANT FURTHER SAYS THAT THE SAID THE Fr 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 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.
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Tammy Page - CONTROLLER
SWORN TO AND SUBSCRIBED BEFORE ME
THIS 1 DAY OF July
AD.
2005
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SCRIP. ) TREASURE COAST
NEWSPAPERS
Fort Pierce Tribune
600 Edwards Road, Fort Pierce, FL 34982
AFFIDAVIT OF PUBLICATION
~A~
III
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 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 or 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 Fort Pierce Tribune has been entered as Periodical Matter at the
Post Offices in FOli Pierce, SI. Lucie County, Florida and has been for a period of one year next preceding the first publication of
the attached copy of advertisement.
Ad Pub
Customer Number Date Copvline PO#
KB HOMES 957340 2/24/2005 NOTICE OF ABANDONMENT NOTICE OF ABANDONMEN
KB HOMES 3/3/2005
Subscribed and sworn to me before this date:
~r~, ~ 0 ~c ~,®
~;eãsure ë~ I
March 03, 2005
.3. ?r4Jr.lu_A»i.fll (f
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cu-..., ( ID? ~
Notary Publi~
t,..··,'r.,.~." dti'ai
".~~:':"""" MARY T. BYRNE
~m\ Notary Public- State of Roòda
~. . ~ My CooImission Expi'es Aug 2. 2006
~~ 7J.fj Commmission , DD132B04
'q,r.r,r.r.~' Bonded By NationaJ Notary Assn.
01 09 NOTICE
TO WHOM IT MAY
CONCERN:
fDu :yilr takenoti7e th~t,
in accol-,ctance wlth}he
provisioi1s of Sections
177,1 01 ,}~ arnr~.~Jd
336.09 anà. 336.10, Flori-
da Statutes, as amend'-'
ed, and SI. Lucie County
Land Development
Cope, Section 11,10.01
el. seq., Kaufman Capital
Corporation intends to.
. file a petition requesting
that the SI. Lucie County·
Board of County Com-
I missioners close, va-'
cate, and' abandon that
portion of Dunn Road
hereinafter described,
and renounce and dis-
claim any right of SI. Lu-
cie County and- the pub-
lic in and to the lands Iy-
I ing within that portion
of said Dunn Road in SI.
I Lucie County, Florida,
, described as follows:
LEGAL DESCRIPTION
A .PORTION OF THE ONE
HUNDRED FOOT (100'1
RIGHT OF WAY FOR
DUNN ROAD LYING IN
SECTION 17, TOWN-
SHIP 36 SOUTH, RANGE
40 EAST, AS RECORDED'
IN DEED BOOK '201 AT
PAGE 53, PUBLlÇ. RE,,_
CORDS OF ST. .LUCIE".'
COUNTY, FLORIDA" BE:
IN G MORE PAf\TlCU'
LARLY DESCRIBEOBY
METES AND BOUNDS
_.AS...EOLLOWS: .'
COMMENCING AT TH¡:'~l
SOUTHEASt CORNER j
OF THE PLAT OF,iSr,.' ~
JAMES GOLF,'CUn!;'·':
ACCORD.1NGTO" THE,.
PLA T THEREo~; AS .f\E', .
CORDED IN PLAT BOOK
38 AT PAGE. 4, PUBLlC.¡ ,
RECORDS OF ST. LUCIE
COUNTY, FLORIDA;
THENCE N.89 Degrees
44'41"E, A ,DiSTANCE
OF 256.82FE:ET;
THENCE N89,Degrees
43'31"E,.A DISTANCE
~ OF 1,264;82 FEET TO ·A
POINT ON THE WEST-
ERLY RIGHT OF WAY
LINE OF SAID DUNN.
ROAD, AND THE POINT
Of BEG i. N N I NG ;
THENCE NOO Degrees
13'10"W, ALONG SAID
WESTERLY RIGHT OF'
WAY LINE, A DISTANCE
OF 583.98 FEET TO A
POINT OF THE SOUTH-
ERLY 'RIGHT OF WAY
LINE FOR CANAL C-106;
THENCE N89 Degrees
44'50"E, ALONG SAID
SOUTHERLY RIGHT OF
WAY LINE, A DISTANCE
OF 100.00 FEET TO A
POINT ON THE EASTER-
L Y RIGHT OF WAY L.INE
OF SAID DUNN ROAD;
THENCE SOO Degrees
13'10"E, ALONG SAID
WESTERLY RIGHT OF
WAY LINE, A DISTANCE
OF 583.94 FEET;
I THENCE S89Òegrees ~
43"31."W~DISTANCE
OF 1 00.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 58,396
SQUARE FEET OR 1.34
ACRES, MORE OR LESS.
SUBJECT TO ANY/ALL
EASEMENTS, RESERVA-
TIONS,' DEDICATIONS,
OR RESTRICTIÐNS. '
Publish: February 24,
March 3, 2005
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