The URL can be used to link to this page

Home My WebLink About06-267 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2943266 10/11/2006 at 01 :04 PM OR BOOK 2676 PAGE 814 - 821 Doc Type" RESO RECORDING $6950 " 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 RESOLUTION NO. 06-267 DA TE: September 19, 2006 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 AN UNOPENED, UN-MAINTAINED 50-FOOT RIGHT-OF-WAY KNOWN AS BOYINGTON ROAD. SAID RIGHT-OF-WAY LYING IN SECTION 10, TOWNSHIP 36 SOUTH, RANGE 38 EAST, RECORDED IN DEED BOOK 83, PAGE 384 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Ul 2. § ...-j .µ ...-j Ul ...-j g, ~ >, .µ ~ i .. ß ~ .w (J) ~ OJ Ul rcl OJ rl A; 1. That Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and Section 11.10.01 e1. seq. of the S1. 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 S1. Lucie County, Florida. Pursuant to Deed Book 83, Page 384, S1. Lucie County and the general public have a dedicated interest in the following described land: That part of the following described parcel South of State Road 70 (Okeechobee Road) which lies in Section 10, Township 36 South, Range 38 East, S1. Lucie County, Florida, not heretofore abandoned by the Board of Commissioners of S1. Lucie County, Florida, by its Resolutions No. 81-104 and No. 06-123, to-wit: Beginning at a point twenty-five (25) feet west of the quarter comer between Section 10 and 15, T. 36 S, R. 38 E., thence north, parallel with quarter section line, to intersection with State Road 70 right-of-way, thence - East, Fifty (50) feet, thence - South parallel with quarter section line to the South line of said Section 10, thence - West, Fifty (50) feet to point of beginning, containing six acres, more or less (as conveyed by North S1. Lucie River Drainage District by right-of-way 1 deed dated February 16, 1931, recorded in Deed Book 83, Page 384, Public Records of St. Lucie County, Florida. 3. A Notice of Intent to Abandon was advertised on June 9,2006 and June 16,2006 and no objections were filed. 4. All relevant public utilities have given written consent for the abandonment. 5. County Staff members have reviewed the petition and have filed no objections to the proposed abandonment. 6. All abutting property owners have filed consent forms and approve the abandonment. 7. On August 1, 2006, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on September 19, 2006. 8. On September 1, 2006, a Notice of Public Hearing was advertised in the Fort Pierce Tribune. 9. It is in the best interest of the public to vacate and abandon the right-of-way more particularly described as follows: That part of the following described parcel South of State Road 70 (Okeechobee Road) which lies in Section 10, Township 36 South, Range 38 East, St. Lucie County, Florida, not heretofore abandoned by the Board of Commissioners of St. Lucie County, Florida, by its Resolutions No. 81-104 and No. 06-123, to-wit: Beginning at a point twenty-five (25) feet west of the quarter corner between Section 10 and 15, T. 36 S, R. 38 E., thence north, parallel with quarter section line, to intersection with State Road 70 right-of-way, thence - East, Fifty (50) feet, thence - South parallel with quarter section line to the South line of said Section 10, thence - West, Fifty (50) feet to point of beginning, containing six acres, more or less (as conveyed by North St. Lucie River Drainage District by right-of-way deed dated February 16, 1931, recorded in Deed Book 83, Page 384, Public Records of St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That a portion of the unopened, un-maintained 50-foot deeded right-of-way of Boyington Road more particularly described as follows: 2 That part of the following described parcel South of State Road 70 (Okeechobee Road) which lies in Section 10, Township 36 South, Range 38 East, St. Lucie County, Florida, not heretofore abandoned by the Board of Commissioners of St. Lucie County, Florida, by its Resolutions No. 81-104 and No. 06-123, to-wit: Beginning at a point twenty-five (25) feet west of the quarter comer between Section 10 and 15, T. 36 S, R. 38 E., thence north, parallel with quarter section line, to intersection with State Road 70 right-of-way, thence - East, Fifty (50) feet, thence - South parallel with quarter section line to the South line of said Section 10, thence - West, Fifty (50) feet to point of beginning, containing six acres, more or less (as conveyed by North St. Lucie River Drainage District by right-of-way deed dated February 16,1931, recorded in Deed Book 83, Page 384, Public Records ofSt. Lucie County, 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 Frannie Hutchinson AYE Commissioner Paula Lewis AYE Commissioner Chris Craft AYE Commissioner Joseph Smith AYE P ASSED~ DULY ADOPTED this 19h day of September, 2006 -0\ COURr~ "~'~ S/~ ~'~ BOARD OF COUNTY COMMISSIONERS , ' " / '~~ 'C(}~ OF ST. LUCIE COUNTY, FLORIDA ",.;"rt(' ¡.., ! \ :<:1~ (( , 04\' I, W. I '·..)l-~ \ I ") ~~ ~ (' ,if( (. .) -' \ ,') ()\ €\ ,J, " ,c[;,~ t ...~"'" ",.. ..¡o'ff"/'·,,:- ''¡' 1J'~ f lj! c:þí Cl-ß ,,':>',("' '{¡fS ¡i' ATTEST: ' .{, \~,-.".J".'.'';¡,'."!l ilf-¡,r" ~,.~I\. I . '>";., ~:.~}!l _~) _ -' .'- '~~''::::;;:;;~' .,/ CHAIRMA _' X...<~ '.j' \:~, APPROVED AS TO FORM AND CORRECT-,SS: BY, IJ¡J!/!t COUNTY A TTOftN / / l ,,/ c..·/ 3 ~ iíl(i Scripps Treasure Coast Publishing Company ¡TATE OF FLORIDA ;OUNTY OF ST LUCIE BEFORE THE UNDERSIGNED AUTHORITY APPEARED LILLI SENESAC WHO ON OATH SAYS HE/SHE IS \DV/BILLlNG CREDIT MANAGER OF THE FT PIERCE TRIBUNE A DAILY NEWSPAPER )UBLlSHED AT FT PIERCE IN ST LUCIE COUNTY, FLORIDA, THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A SLCBOCC IN THE MATTER OF NOTICE OF ABANDONMENT-BOYINGTON N THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE N THE ISSUES OF September 27, 2006 AFFIANT FURTHER SAYS THAT THE SAID THE FT PIERCE TRIBUNE S A NEWSPAPER PUBLISHED AT FT PIERCE, IN SAID ST LUCIE COUNTY, FLORIDA WITH OFFICES AND PAID CIRCULATION N MARTIN COUNTY, FLORIDA AND DISTRIBUTED IN MARTIN COUNTY, FLORIDA AND ST LUCIE COUNTY, FLORIDA, :OR A PERIOD OF ONE YEAR PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT; IND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORPORATION INY DISCOUNT, REBATE, COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR )UBLlCATION IN THE SAID NEWSPAPER. THE THE FT PIERCE TRIBUNE 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 PUBLICATION OF THE ATTACHED COpy OF ADVERTISEMENT. ~~ LILLI SENESAC-ADV BILLING/CREDIT MANAGER ;WORN TO AND SUBSCRIBED BEFORE ME HIS 4 DAY OF OCTOBER \.D. 2006 C¿~~ NOTARY PUBLIC SEA! - - . "';~~"~'.. EMMA JEAN SMITH i~œ':"'~~"\ Notary Public - State of FIorIdI · i. "":.:; . ~My CommISSion Expires Aug 12,2010 ~~ . ~:ß/ Commission # DO 540002 111,.9;,;",'" 5'''<1f'· 8y National Notary Assn. - 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 et. seq. of the St. Lucie County Land Development Code, on the 19 day of September, 2006 the Board of County Commissioners of St. Lucie County, Florida, approved the petition, to close, vacate and abandon a portion of Boyington Road, hereinafter described, and renounce and disclaim any right of St. Lucie County and the public in and to the lands lying within that portion of said right-of-way in St. Lucie County, Florida, being more particularly described as follows: That part of the following described parcel South of State Road 70 (Okeechobee Road) which lies in Section 10, Township 36 South, Range 38 East, St. Lucie county, Florida, not heretofore abandoned by the Board of Commissioners of St. Lucie County, Florida by its Resolutions No. 81-104 and No. 06-123, to-wit. Beginning at a point twenty-five (25) feet west of the quarter corner between Section 10 and 15, Township 36S. Range 38 East, thence north, parallel with quarter section line, to Intersection SR 70 right- of-way, thence East, Fifty (50) feet, thence, South parallel with quarter section line to the South line of said Section 10, thence, West, Fifty (50) feet to point of beginning, containing six (6) acres, more or less (as conveyed by North St. Lucie River Drainage District by Right of Way Deed dated February 16, 1931, recorded in Deed Book 83, page 384, Public Records of St. Lucie County, Florida) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA PUBLISH DATE: September 27, 2006 NOTICE OF PUBLIC HEARING September 19, 2006 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 11.10.01 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 September 19, 2006 at 6:00 P.M. or as soon thereafter as practicable, on the petition to close, vacate and abandon that portion of a 50-foot deeded right-of-way, hereinafter described and renounce and disclaim any right of St. Lucie County and the public in ànd to the lands lying within said public right-of-way in St. Lucie County, Florida, being more particularly described as follows: That part of the following described parcel South of State Road 70 which lies in Section 10, Township 36 South, Range 38 East, St. Lucie County, Florida, not heretofore abandoned by the Board of County Commissioners of St. Lucie County, Florida, by its Resolution No. 81-104 and No. 06-123, to-wit: Beginning at a point twenty-five (25) feet west of the quarter corner between Section 10 and 15, T.36 S, R. 38 E., thence north, parallel with quarter section line, to intersection with State Road right-of-way, thence - East, Fifty (50) feet, thence - South parallel with quarter section line to the South line of said Section 10, thence - West, Fifty (50) feet to point of beginning, containing six acres, more or less (as conveyed by North St. . Lucie River Drainage District by right-of-way deed dated February 16, 1931, recorded in Deed Book 83, Page 384, public records of St. Lucie County, Florida 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 Service~ Manager at (772) 462-1777 or TDD (772) 462-1428 at least fortv-eiaht (48) hours orior to the meetina. III ¡:¡ e= ·ó~ III ~ -~~J]iJ jlì _---.....- .'-' - -." _-----=::'....-. . ¡:¡ --,______. . ----..- -~ ~ ". . ~------, 11# .....,,_..~..==__.___,..1.._._...-...~·;:.:;.-.;;.-;·~ . [j:t ::"""--==....- . ..",.- .....,----::-,........ - :I is .;:.1 -'0 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Doug Coward, Chairman PUBLISH DATE: September 1, 2006 Seri s Treasure Coast Publishing Com any ~ III 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 SLCBOCC IN THE MATTER OF NOT. PUBLIC HEARING-ALLEY IN THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE IN THE ISSUES OF September 1, 2006 AFFIANT FURTHER SAYS THAT THE SAID THE FT PIERCE 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. ~~ LILLI SENESAC-ADV BILLING/CREDIT MANAGER SWORN TO AND SUBSCRIBED BEFORE ME THIS 13 DAY OF SEPTEMBER A.D. 2006 c¡..~ ~~ - NOTARY PUBLIC (SEAL) - I 'œ,~~~l~""'" EMMA JEAN SMITH 4 {./3 '\ Nol8ry Public . State of FIoltdI . r . jMY Commission ExønsAug 12.2010 \~ fJ~ Commission , 00 ....- III '#:tOF~ "" ~~ , '"'''''' Bonded By National Notary Asan. - - ~.~ III SCRIF J TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ." NOTICE OF INTENT TO PETITION FOR ABAN- DONMENT TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Section 177.101, as amended, 336.09 and 336.10, Flori- da Statutes, as amend- ed, and St. Lucie County Land Development Code Section 11.10.01 et seq., Dan Pine and Virginia, Lietner, intend to file a I petition requesting that: the St. Lucie county'\ Board of County Com- missioners close, va- cate, and abandon that portion of public road (unopened). known as Boynton Road, herElinaft- er described, and re- nounce and disclaim any right of St. Lucie County and the public in and to the lands lying within that portion of said public road (u- nopened) in St. Lucie County, Florida, de- scribed as follows: LEGAL DESCRIPTION , That part of the following described parcel South of State Road 70 (Oke- echobee Road) which lies in Sectionl0, Town-] ship 36 South, Range 38 East, St. Lucie County, Florida, not heretofore abandoned by the Board of Commissioners of St. Lucie County, Florida, by its Resolutions No. 81-104 and No. 06-123, to-wit: Begining at a point twen- ty-five (25) feet west of the quarter corner be- tween Section 10 and 15, T. 36S.R. 38E., thence - north, parallel with quarter section line, to intersection with State Road Right of Way. thence - East, Fifty (50) feet, thence - South, parallel with quarter sec- tion line to the South line of said Section 10, thence - West, Fifty (50) feet to point of begin- ning, containing Six acres, more or less (as conveyed by North St. Lucie River Drainage District by Right of Way Deed dated February 16, 1931, recorded in Deed Book 83, page 384, pub- lic records of St. Lucie County, Florida). Name of Petitioners: Dan Pine - c/o 401 S. Indi- an River Dr., Ft. Pierce, FL 34950 I Virginia Lietner . c/o 401 S. Indian River Dr., Ft. Pierce,. FL 34950 Publish: June 9,16,2006 1409945 SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF S1. LUCIE Before the undersigned authority personally appeared, S. Darlene Broeg, 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 SI. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said SI. Lucie County. Florida, daily and distributed in SI. 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 lor 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# FEE, DEROSS & FEE 1409945 6/9/2006 NOTICE OF INTENT PINE-L1ETNER FEE, DEROSS & FEE 6/16/2006 Subscribed and sworn to me before this date: June 16, 2006 s.~4It-~~ lJ ~ !' ¿~ -;,-f&,:¡ (~~ Notary Pùblic . / - - ,,,,,,, MARY T. BYRNE ~ ""œ~~~Y P';';;:',,,- NotaN Public· State of Florida . ,,~ .. "" " . ~. .. .. . ~My Commission Expires Aug 2. 2010 ~ %.;'\ s}~ Commission # DO 544327 ",:i;.'If,~:''t-'' Bonded By National Notarÿ Assn. - -