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Home My WebLink About05-382 () OJ -rl ~ ~ o Ul :>, Q) ¡::: l-J o .µ .µ < :>, .µ ~ ~ ~ .µ Q) 0:: 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 # 276782012/27/2005 at 0856 AM OR BOOK 2445 PAGE 2221 - 2228 Doc Type: RESO RECORDING: $69.50 RESOLUTION NO. 05-382 DATE: December 6,2005 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 ALL THAT PART OF A 30 FOOT DRAINAGE EASEMENT, AS RECORDED IN O.R. BOOK 183, PAGE 908 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board ofCounty 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-ofway in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St. Lucie County, Florida. 2. Pursuant to OR. BOOK 183, PAGE 908, St. Lucie County and the general public have a dedicated interest in the following described land: The east 30 feet of the west one half(1/2) of the northwest quarter (1/4) of the southwest quarter (1/4) of Section 32 South, Range 40 East, St. Lucie County, Florida; less and except the right-of-way for Canal #101 or the North St. Lucie River Drainage District. 3. The abandonment of the 30 foot drainage easement will not adversely affect the subject property or the properties abutting the easement. Design of the residential development on this property will address all pertinent drainage issues. 1 4. A Notice of Intent to Abandon was advertised on June 16 and June 23, 2005. No objections were filed. 5. The abutting property owner, North St. Lucie River Water Control District, was notified and has no objection to the abandonment. 6. County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment as long as it does not impact the surrounding properties. This would be a condition of the abandonment and addressed as part of the site plan approval. 7. On November 1, 2005, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on December 6, 2005. 8. On November 21, 2005, 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 drainage easement more particularly described as follows: The east 30 feet of the west one half(1/2) of the northwest quarter (1/4) of the southwest quarter (1/4) of Section 32 South, Range 40 East, St. Lucie County, Florida; less and except the right-of-way for Canal #101 or the North St. Lucie River Drainage District. and to renounce and disclaim any rights of St. Lucie County and the general public in and to the 30 foot drainage easement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That the 30 foot drainage easement, more particularly described as follows: The east 30 feet of the west one half(1/2) of the northwest quarter (1/4) of the southwest quarter (1/4) of Section 32 South, Range 40 East, St. Lucie 2 County, Florida; less and except the right-of-way for Canal #101 or the North St. Lucie River Drainage District. 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 Ave Commissioner Paula Lewis Absent Commissioner Chris Craft Ave Commissioner Joseph Smith Ave Commissioner Frannie Hutchinson Ave PASSED AND DULY ADOPTED this 6" day of December, 2005 ATTEST: BOARD OF COUNTY COMMISSIONERS :: "", ,,' '~,',/ '. , OFS~IE ~7!iP~: ": ,r 'I ,'. :'\ '>4, '-". ' " m , -;'.~; "~ . -:1{ CÏiAIR:TJfAfV' ' ;.- . ',e . ;' (",}f ;.0 BY: 3 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 6 day of December, 2005 the Board of County Commissioners of St. Lucie County, Florida, approved the petition, to close, vacate and abandon a 30 foot drainage easement, 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 drainage easement in St. Lucie County, Florida, being more particularly described as follows: The east 30 feet of the west one half (1/2) of the northwest quarter (1/4) of the southwest quarter (1/4) of Section 32 South, Range 40 East, St. Lucie County, Florida; less and except the right-of-way for Canal #101 or the North St. Lucie River Drainage Disfrict. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLO~IDA PUBLISH DATE: December 12,2005 ~ llli . ScriepsTreasure Coast Publishing Company STATE OF FLORIDA COUNTY OF MARTIN: COUNTY OF ST. LUCIE BEFORE THE UNDERSIGNED AUTHORITY PEARED LILLI SENESAC WHO ON OATH SAYS HE/SHE IS ADV/BILLlNG CREDIT MANAGER THE PORT ST LUCIE NEWS A DAILY NEWSPAPER PUBLISHED AT STUART IN MARTIN COUNTY, FLORIDA, THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A ST LUCIE CO BOCC IN THE MATTER OF NOTICE OF ABANDONMENT IN THE COURT, WAS PUBLISHED IN THE PORT ST LUCIE NEWS IN THE ISSUES OF December 12, 2005 AFFIANT FURTHER SAYS THAT THE SAID THE PORT STLUCIE NEWS IS A NEWSPAPER PUBLISHED IN MARTIN COUNTY, FLORIDA WITH OFFICES AND PAID CIRCULATION IN MARTIN COUNTY, FLORIDA AND DISTRIBUTED IN 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 PT ST LUCIE NEWS 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. n & æ1 PÁf'\1/l ~ ð -'- L1LSENESAC-ADV BILLING/CREDIT MANAGER SWORN TO AND SUBSCRIBED BEFORE ME THIS 13 DAY OF DECEMBER AD. 2005 :N'OTICE OF PUBLIC HEARINti December 6, 200~ 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 December 6,2005, at 6:00 P.M. or as soon theréafter as practicable, on the petition to close, vacate and abandon a thirty (30) foot drainage easement hereinafter described and renounce and disclaim any right of St. Lucie County and the public in and to the lands lying within said drainage easement in St. Lucie County, Florida, being more particularly described as follows: I The East 30 feet of the west one half (112) of the Northwest quarter (114) of the Southwest quarter (114) of Section 32 South, Range 40 East, St. Lucie County, Florida; less and except the right-of-way for Canal #101 of the North St. Lucie River Drainage DIstrict. It is expressly understood, in the event this easement interferes witli the future sale or plans of this property, then the grantee will relocate said ditch to the safisfaction of the grantors and grantees, providing the same objective can be accomplished. 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., !13I~' r·~ t·~33ll1llll!Ø1:13 Z.:I21Z2l8IIIlalI N LRIJ/4D C~NIll. *101 !1~411Dl111l1ll9 8 ; ~ > d !IJ23321IOOllDlO ... " I I r-z.. DltAIIIIlGt 1:A!:£I'1ENT · · " · I n · · · · · a'~zll~ 24~oooaaao' . c ~ I I R04 3'~GlllIIDlIlIll7 J40;mm:MaS '143:!ll1e13e*' J'~:J1IØ4 '4rnaeD13l11l1lC7 J>4O:l!i02Dl:J5OlJll! BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Isl Frannie Hutchinson, Chairperson PUBLISH DATE: November 21 2005 ,.,... ~.,..... ..,.... ...".,.,..,....,..."", ~.". ."..... .,... , ~ 1m ;cripps 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 ST LUCIE CO BOCC IN THE MATTER OF NOTICE OF PUBLIC HEARING J THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE AND THE PT ST LUCIE TRIBUNE J THE ISSUES OF November 21, 2005 AFFIANT FURTHER SAYS THAT THE SAID THE FT PIERCE TRIBUNE AND THE PT SAINT LUCIE TRIBUNf;, ; A NEWSPAPER PUBLISHED AT FT PIERCE, IN SAID ST LUCIE COUNTY, FLORIDA WITH OFFICES AND PAID CIRCULATION J 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; NO 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 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 ;IS 23 DAY OF NOV .D. 2005 ~~ik::~) Ù;ni?;, SCRIF ") TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~ :.t..: ~ 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 advertisementc 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 Copvline PO# ENGINEERING & 1104613 6/16/2005 NOTICE OF INTENT NOTICE OF INTENT WATER ENGINEERING & 6/23/2005 WATER Subscribed and sworn to me before this date: June 23, 2005 .s ~~~¿~(J ! j \¡ " ---¡-'f-, I ~ Ie. L J ! ,j j l I'V"""'" Notary Public Î ~/ ~m ... m'f~'~ MARY T. BYRNE . i \. NotaJy Public - S1B1B of Aoñda a' . ~ My Cornmèll!iln ~~ 2. 2000 ~~~ Commmiaaion # 00132804 "Ioi;T.W· Bonded By National Notary Assn. ~,,--~-----~ - -- - ,- . NOTICE OF INTENT TO ( ABANDON I TO WHOM IT MAY B CONCERN: D You will take notice that I( in accordance with pro- visions of sections A 177.101, as amended I 336.09 and 336.10, Flori- da Statutes, as amend- ed, and St. Lucie County I Land Development Code, section 11.10.01 et. seq., Midway St. Lu- cie LLC intends to file a petition requesting that the SI. Lucie Board of County Commissioners close, vacate, and aban- f don a drainage ease- ment within the petition- ers property 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 ease- ment in St. Lucie Coun- ty, Florida, described in Deed Book 183 Page 908 as follows: "The East 30' (feet) of the West one half (1/2) of the Northwest quarter (1/4) of Southwest quar- ter (1/4) of Section 32, Township 35 South, Range 40 East St. Lucie County, Florida; less and except the right-of-way for canal #101 of the North SI. Lucie River Drainage District. It is expressedly under- stood, in the event this easement interferes with the future sale or plans of this property, then the grantee will relocate said ditch to the satisfac- tion of the grantors and grantees, providing the same objective can be accomplished." Midway St Lucie. LCC clo Engineering & Water Resources Inc. 7881 SW Ellipse Way Stuart, IL 34997 772-781 -6408 \PUbliSh: June 16, 23, 2005 1104613 I