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HomeMy WebLinkAbout05-399 ~. (]) o ·rl 4-1 4-1 o UJ >. ~ ~ .µ oW .::¡; >. .µ ð .. o .µ ~ .µ Æ 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 # 2767821 12/27/2005 at 08:56 AM OR BOOK 2445 PAGE 2229 - 2236 Doc Type: RESO RECORDING: $69.50 RESOLUTION NO. 05-399 DATE: December 6, 2005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CLOSING, VA CA TING AND ABANDONING ANY INTEREST OF ST. LUCIE COUNTY AND THE GENERAL PUBLIC IN A PORTION OF A UNOPENED, UN-MAINTAINED RIGHT-OF-WAY KNOWN AS WEST DIXIE BOULEVARD, SAN LUCIE.PLAZA UNIT ONE, 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. 2. Pursuant to Plat Book 5, Page 57, St. Lucie County and the general public have a dedicated interest in the following described land: A PORTION OF WEST DIXIE BOULEVARD, A 66 FEET WIDE STREET RIGHT-OF-WAY, BOUNDED ON THE SOUTH A LINE LYING 50 FEET NORTH OF AND PARALLEL TO THE NORTH RIGHT-OF-WAY OF ST. LUCIE BOULEVARD,. ON THE EAST BY BLOCK 60,. ON THE NORTH BY THE SOUTHERLY LINE 0 F MARK TWAIN ROAD,. ON THE WEST BY BLOCK 61,. ALL AS SHOWN ON SAN LUCIE PLAZA UNIT ONE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 57, PUBLIC RECORDS OF ST. LUCIE, FLORIDA. 3. The abandonment of the unopened, un-maintained West Dixie Boulevard right-of-way will allow Michael Courtney the addition 33 feet to develop his property more efficiently to build industrial flex 1 space. 4. A Notice of Intent to Abandon was advertised on September 20 and September 27, 2005, and no objections were filed. 5. All relevant public utilities have given written consent for the abandonment. If utility easements are needed when the new site is developed, they will be granted. 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 their were no objections. 8. On November 1,2005, the Board of County Commissioners approved Permission to Advertisefor a Public Hearing on December 6, 2005. 9. On November 21, 2005, a Notice of Public Hearing was advertised in the Fort Pierce Tribune. 10. 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 WEST DIXIE BOULEVARD, A 66 FEET WIDE STREET RIGHT-OF-WAY, BOUNDED ON THE SOUTH BY A LINE LYING 50 FEET NORTH OF AND PARALLEL TO THE NORTH RIGHT-OF-WAY OF ST. LUCIE BOULEVARD; ON THE EAST BY BLOCK 60; ON THE NORTH BY THE SOUTHERLY LINE OF MARK TWAIN ROAD; ON THE WEST BY BLOCK 61; ALL AS SHOWN ON SAN LUCIE PLAZA UNIT ONE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 57, PUBLIC RECORDS OF ST. LUCIE, FLORIDA. and to renounce and disc/aim any rights of St. Lucie County and the general public in and to a portion of the right-of-way of West Dixie Boulevard. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That West Dixie Boulevard more particularly described as follows: A PORTION OF WEST DIXIE BOULEVARD, A 66 FEET WIDE STREET 2 RIGHT-OF-WAY, BOUNDED ON THE SOUTH BY A LINE LYING 50 FEET NORTH OF AND PARALLEL TO THE NORTH RIGHT-OF-WAY OF ST. LUCIE BOULEVARD; THE NORTHERLY LINE OF ST. LUCIE BOULEVARD; ON THE EAST BY BLOCK 60; ON THE NORTH BY THE SOUTHERLYLINE OF MARK TWAIN ROAD; ON THE WEST BYBLOCK 61; ALL AS SHOWN ON SAN LUCIE PLAZA UNIT ONE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 57, PUBLIC RECORDS OF ST. LUCIE, FLORIDA. 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 Doug Coward AYE Commissioner Paula Lewis ABSENT Commissioner Chris Craft AYE Commissioner Joseph Smith AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 6h day of December, 2005 ATTEST: ~~ D 'PUTY CLERK l.'\"t.;" BY: 3 NOTICE OF ABANDONMENT~ . ," "." . TÔWHoM rrMAY CONCERN: " - ·.~.:-·-:r~j}¡! >~,-:: -<, .,' ~ :-·C'L~'::~7>~~:·. ,-~._::<;: ~ t,....·_:..; ':-1' ~ - -':i~': --~ ,- p. ;.".; :.f -,;.~' j.- ~ ','.' In accordance with the provisions, of Sectiòns . F77.101,,3}6i'99i·~Ì1&i 336.10, Florida. Statutes, as amended, and. SectioIÌl1Ao.OLét..seq.()f,fh~~t.,;, Lµciéc;ountyLand Development Code,. on .the 6day~ of December,,2ÓQS·the. . Board of Coµnty Co.r,rúnissioners of St. Lucie County, Floridá.{approved.tl:ié, . . - -;;¡¡: ;' -- - --'. - .. .. .,," - ': - : . .' -, .,-. ~-:':_- ,':- :j petItIOn, to close f vacate . and abandon a portIon of,a ()6 fo()tJ?l~ttÿdl1g~t7()f:";: waylmo\Vn a~ .W~st . qixie) B l~d.; hèreinafter· described:,.. arid r~nÒu~çe.·:;aIid' disclirim'any' right of sf. Lu~ie County and the pubhcin~ndtó,thel~ds)yh19 within that portioIl of said right-of-way . in St., LuCie CouritýI'.t'!9i~da,. '4é:'u:" more p~içularlydes~p.bÿd as J()Jlow~:. .\¡ ;".-::':'¡n1v'ir:::¡;;;t:.,'·· ~'- " , ;', J,e _~:.t\'_>~--:-~rfJ.ç:Ú',·i:_~·Ö d·: -."c-.." ~ ,', ... .. .. ,,: ,_,,".' " _,', ;... ,': ,',' n'_ . .'·_;:~~'~>··<\~·-:--i·~-..~-;--::-- _::"~,-' ,:,"~'; ."."-~ ,\. ,"1,_" _ " ,,-,·~,-'-(,'t:'{·;-"¡:~··-::f.~,ô,j·':";>';'(,i;~~'! './\ PORTION OF 'WESTDIXÆ BOULE'YARIi.!1:,§Æ.~i!ßÌi'P:.· };'WIDESTREET'Y'RIGHT-OF- WAY/' BOUNDED'':'iONJ:THE . . '. ,SOUTH A LINE., LYING 50 FEET &iJRTH'iiVP2'1;·TXÑÎi.·i.L '.. ,~~'<,-;-_':-.:' ":",; -:;'-~,.,,,, ,-;~.-~ . ,_--','~.<-..;_;- '-\:" ',', _ '_' ,:,. ).:~-, i :-' <_.:--. ': ',_ .' _ ":"_ :_-,-": :<_.~è<.:e\,:r .--__~:/-J-:;1-:~',¡;¿~~.,::i:,::,;:)~,'~,'~'~',,~~-'y~-:'..:_~_;~.'.;,?_,~~_, .' PARALLEL TO THE NORTH RIGHT~OF-WAYpE'$'!'<I.,.1J.çmF;:·\><'l,;,··s;!::;: BOULEVARIJ;,.PN. THE EAST BY, BL.OCJÇ¡~,º;;"Sg.lJf}l!'JII¿.:t'i:;)~i'^4~; ê,;' '.,_(: ._--,," _ '",'_; r " ,,,,..,,,,.-,'_,,,, ',:-.'- ,...",___,.-",..,_._.,-,.,'..¡",:,o.;-" "'"·",,,,--,\.~_,-c,"~~-,~,,;;,,'~lti'''<-'-o1ð::'';'''-'''''~'"-'';;'--'__'~""__:"'" ..-,.,-'c".:t' ':;}-}., NORTH. BYTHE'",SOUTHERLYiLINE OFfMARK1¡TWA~(~' ·;H'~;.i;RQAD; DN11lE ~ST,.BY BLÓÇK61;jAlíJ~~,$íjöW-{(l~ . SAN LUCIE PLAZA UNIT ONE. ACCORDING to THE'M , , "OR PLAT TiiÉREOI/ AS RECÓRDED I1.rpt'Äy'<!ifóOK?5'.~lt"c '_ ,- : . .\ - _- ", _ ......",,,_', ,- , , _ .' _- - ;'~ _: ' """ " _ " ",', "::·,:"~'r~J:)~L~~~~Ì~;'~9~~,_~.w:: . i·' ,PAGE 57PUBLICRECORDS OFST.ŒUCIE· FLORIDA>h./.:~;··;\ ....... .. ,'".. ··Y",".'·_~_L;':~;6,ft:i.\" ,.' .,ßxt};;· ..;;~t. '. .:" ...:'..',..... .,;·.....·.":.)'r~ii";i(;;\~. ..' -. TBOÄRD ÓF',COÚNTY COMMISSIONERS...,.,.,;~i.,.:.(,,,-.·, ." ¡ ',t,~~k:;~ši..tuêIE COUNTY. aORIDA """',:",;'" ,;?~:~- ~ . ., :~.>.:",j;'\'::~>.~: -",;:,,'~' ·:--._-.i;'," . -~,_,':> :i', ~:_>, PUBLISH DATE: December 12.2005 ...:.... . """""""""""""""""""""""""""......... Scripps Treasure Coast Publishing Company ~ I_ìj STATE OF FLORIDA COUNTY OF ST LUCIE BEFORE THE UNDERSIGNED AUTHORITY APPEARED LILLI SENESAC WHO ON OATH SAYS HE/SHE IS ADV/BILLlNG CREDIT MANAGER OF THE FT PIERCE TRIBUNE A DAILY NEWSPAPER PUBLISHED AT FT PIERCE IN ST LUCIE COUNTY, FLORIDA, THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A ST LUCIE CO BOCC IN THE MATTER OF NOTICE OF ABANDONMENT-W.DIXIE IN THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE IN THE ISSUES OF December 12, 2005 AFFIANT FURTHER SAYS THAT THE SAID THE FT PIERCE TRIBUNE IS ANEWSPAPER 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. dv.»A~ (IIç/)~ LILLI SENESAC': DV BILLING/CREDIT MANAGER SWORN TO AND SUBSCRIBED BEFORE ME THIS 13 DAY OF DEC A.D. 2005 Emma Jean smith _Cnmmk'Sion # DD141810 .. ~ _.... H 1? - . ~~.. ~.~~f !onded .Thru .A (S'6~~,]~~~~" Atl2-:"2C BCDdi!Jg CO..ln.... NOTICE OF PUBLI( HEARING ' December 6,2005 TO WHOM IT MAY CONCERN: You will take notice that in accordance with' the provisions of Sections 177 .101, 336.09 and3,36.1Q, F1oridaStatutes, 8.s amended ,and the St. Lucie Comity Land Development Code, Section ll.10.ül et.seq., .'~ public hearing will be held by the St. Lucie County Board of County Commissionevs, in the County Commission Chambers ,'3rd floor of the Roger Poitras Administration Annex,2300 Virginia Avenue, Fort Pierce, Florida,on December 6, 2005, at 6:00 PM. or as soon thereafter as practicable, on th~ petition of Michael Courtney to close, vacate and abandon that portion of a public right-of-way, known as West Dixie Blvd. 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, þ~ing more particularlÿ described a's follows: A portion of We¡st Dixie Boulevard, a 66 feet wide street right-of-way, bounded on the South by a line lying 50 feet North of arid parallel to the North right-ofcway line of St. Lucie Blvd., on the East by Block 60; on the North by the southerly line of Mark Twain Road; on the West by Block 61; All as shown on San Lucie Plaza Unit One, according to the map or Plat thereof, as recorded in Plat Book 5, Page 57, Public, Records of St. Lucie County, F1orida; 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 attènd 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. . j l H --'FeE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA . /s/ Frannie Hutchinson, Chairperson PUBLISH DATE: November 21,2005 ~s Treasure Coast Publishing Company ¡TATE OF FLORIDA :OUNTY OF MARTIN: COUNTY OF ST. LUCIE BEFORE THE UNDERSIGNED AUTHORITY PEARED LILLI SENESAC WHO ON OATH SAYS HE/SHE IS .DV/BILLlNG CREDIT MANAGER THE PORT ST LUCIE NEWS A DAILY NEWSPAPER 'UBLlSHED AT STUART IN MARTIN COUNTY, FLORIDA, THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A ST LUCIE CO BOCC IN THE MATTER OF NOTICE OF PUBLIC HEARING \ THE COURT, WAS PUBLISHED IN THE PORT ST LUCIE NEWS \ THE ISSUES OF November 21, 2005 AFFIANT FURTHER SAYS THAT THE SAID THE PORT ST LUCIE NEWS :; A NEWSPAPER PUBLISHED IN MARTIN COUNTY, FLORIDA WITH OFFICES AND PAID CIRCULATION \ MARTIN COUNTY, FLORIDA AND DISTRIBUTED IN ST LUCIE COUNTY, FLORIDA, , OR A PERIOD OF ONE YEAR PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT; ND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORPORATION NY DISCOUNT, REBATE, COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR 'UBLlCATION IN THE SAID NEWSPAPER. THE PT ST LUCIE NEWS HAS BEEN ENTERED AS SECOND CLASS MATTER AT HE POST OFFICE IN STUART, MARTIN COUNTY, FLORIDA, AND FT PIERCE, ST LUCIE COUNTY, FLORIDA AND HAS BEEN OR A PERIOD OF ONE YEAR PRECEDING THE FIRST PUBLlCATIO~ OF THE ATTACHED COpy OF ADVERTISEMENT. , .... LILLI SENESAC-ADV BILLING/CREDIT MANAGER .wORN TOAND SUBSCRIBED BEFORE ME HIS 7 DAY OF NOVEMBER ..D. 2005 SCRIP ') TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~:Ä~ 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 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. Ad Pub Customer Number Date Copyline PO# MICHAEL COURTNEY 1222987 9/20/2005 NOTICE OF INTENT NOTICE OF INTENT MICHAEL COURTNEY 9/27/2005 Subscribed and sworn to me before this date: September 27,2005 .j, t¡y~"-~(f ~ . I --r-- i ~12!v-, . ( ~= Notary Public I ~,~··Y"';,... ,':',MARY T. BYRNE !Œ\ Notaïý PiJÞUc - S1aIa of FIor1da ª. . ~ My ComrniIIiIn ExpiæAiG2. 200B ~~~ CommmitaJon . DD132804 -'~".- Bonded By NatIonal Notary Alan. NOTICE OF INTENT TO ABANDON TO WHOM IT MAY CONCERN: . You will take notice that in accordance with the prOVISions of Sections' 177.101, as amende.d 336.09 and 336.10, Flori- da Statutes, as amend- ed, and SI. Lucie county Land Development Code, Section 11.10.01 el. s~q., Michael Court- ney, Intends to file a pe- tItIon requesting that the SI. Lucie County Board of County Commission- ers close, vacate, and abandon that portion of ~ public road (West Dix' Ie Boulevard) hereinafter described, and renounce and di'sclaim any right of SI. Lucie County,' Flori- da, described as follows: Road (W~st Dixie Boule- vard) LEGAL DESCRIPTION A PORTION OF WEST DIXIE BOULEVARD A 66 FEET WIDE STRÉET RIGHT OF WAY BOUNDED ON THÉ SOUTH BY THE NORTH- ERL Y LINE OF ST LUCIE' BOULEVARD; ON THE EAST BY BLOCK 60; ON THE NORTH BY THE SOUTHERLY LINE OF. MARK TWAIN ROAD' ON THE WEST B; BLOCK 61 ALL AS SHOWN ON SAN LUCIE PLAZA UNIT ONE ACCORDING TO THÉ MAP OR PLAT THEREOF, AS RECORD- EDIN PLAT BOOK 5 PAGE 57, PUBLIC R( CORDS OF ST LUCIE COUNTY,FLORIDA . Name of Petitioner: Mi' chael Courtney Address: 6445 SW 52 Street, Miami FL 33155 , Publish: September 20, 27, 2005 1222987