HomeMy WebLinkAbout02-176
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. 02-176
DATE: July 2,2002
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 SCHWAB ROAD, LYING IN SECTION 21, TOWNSHIP 35
SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the Board ofCounty Commissioners of St. Lucie County, Florida, has made the
following determinations:
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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 ofS1. Lucie County, Florida.
Pursuant to Minute Book 2, Page 397, S1. Lucie County and the general public have a
dedicated interest in the following described land:
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF THE EXISTING 60' RIGHT OF WAY FOR SCHWAB ROAD LYING
WEST OF THE EXISTING 60 FEET RIGHT OF WA Y FOR JERNIGAN ROAD
AND EAST OF THE EAST RIGHT OF WAY FOR McCAIN LANE PER PLA T
OF "FT. PIERCE GARDENS" P.B. 5, PAGE 61 AND ADDITIONAL RIGHT
OF WAY PER O.R.B. 285, PAGE 369 ALL LYING IN ST. LUCIE COUNTY,
FLORIDA
The abandonment of a portion of Schwab Road right -of-way will allow George and Margaret
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Emerson to develop their property that lies at the North and South of Schwab Road.
4. A Notice of Intent to Abandon was advertised on April 17 2002 and April 24, 2002 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 contingent to Mr.& Mrs. Emerson granting the County a
30ft.drainage easement on the south property line ofParce1232150 1 0044-000/0, Resolution
No. 02-177
7. All abutting property owners have been notified and no objections have been filed.
8. On May 21, 2002, the Board of County Commissioners approved Permission to Advertise for
a Public Hearing on July 2, 2002.
9.
On June 13,2002, a Notice of Public Hearing was advertised in the Fort Pierce Tribune.
10.
It is in the best interest ofthe public to vacate and abandon the right-of-way more particularly
described as follows:
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF THE EXISTING 60' RIGHT OF WAY FOR SCHWAB ROAD LYING
WEST OF THE EXISTING 60 FEET RIGHT OF WAY FOR JERNIGAN ROAD
AND EAST OF THE EAST RIGHT OF WAY FOR McCAIN LANE PER PLA T
OF "FT. PIERCE GARDENS" P.B. 5, PAGE 61 AND ADDITIONAL RIGHT
OF WAY PER O.R.B. 285, PAGE 369 ALL LYING IN ST. LUCIE COUNTY,
FLORIDA
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
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That Schwab Road more particularly described as follows:
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF THE EXISTING 60 FEET RIGHT OF WAY FOR SCHWAB
ROAD LYING WEST OF THE EXISTING 60 FEET RIGHT OF WAY
FOR JERNIGAN ROAD AND EAST FO THE EAST RIGHT OF WAY
FOR McCAIN LANE, PER PLAT OF "FT. PIERCE GARDENS"
P.B. 5, PAGE 61 AND ADDITIONAL RIGHT OF WAY PER O.R.B. 285,
PAGE 369 ALL LYING IN ST. 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
Vice-Chairman Cliff Barnes AYE
Commissioner Frannie Hutchinson AYE
Commissioner John Bruhn AYE j-.-I.
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Commissioner Paula Lewis AYE "~:..J
PASSED AND DULY ADOPTED this 2h day of July, 2002.
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BOARD OF COUNTY COMJl¡flSSIONERS
OF ST. LUCIE.2ý· UN...~K, ~~ORID. .4.·..
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SCRIPPS TREASURE COAST
PUBLISHING COMPANY
Fort Pierce Tribune
Port St. Lucie Tribune
P.O. Box 69, Fort Pierce, FL 34954-0069
SAMPLE OF NOTICE OF
INTENT TO ABANDON
TO WHOM IT MAY
CONCERN,
AFFIDAVIT OF PUBLICATION
You will toke notice thot in
accordance with the provi~
sions of Sections ¡ 77.1 01, os
omended 336.09 and
336.1 0, Florido Stotutes, as
amended, and St. Lucie
,County Lond Development
Code, Section 11.1 0.01 et.
seq., George and Margaret
Emerson intends to file a peti-
tion requesting that the St.
Lucie County Boord of
County Commi~s¡oners close,
vacate, and abandon that
portion of a public road
(Schwab Road Right of Way)
i 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 i
said public road (Schwab
Road Right of Way) in St.
Lucie County, Florida,
described as follows:
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 and the Port St. Lucie Tribune, a daily newspaper published at
Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was published in the Fort
Pierce/Port St. Lucie Tribune in the following issues below. Affiant further says that the said
Fort Pierce/Port St. Lucie 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 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 Fort Pierce Tribune has been entered as second class matter at the Post
Office 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.
LEGAL DESCRIPTION
Ad #
Customer Name
Pub
Date
CODvline
PO#
ALL OF THE EXISTING 60'
RIGHT OF WAY FOR
SCHWAB ROAD L YI NG
WEST OF THE EXISTING 60'
RIGHT OF WAY FOR JERNI-
GAN ROAD AND EAST OF
THE EAST RIGHT OF WAY
FOR McCAIN LANE, PER
PLAT OF "FT. PIERCE GAR-
DENS" P.B. 5, PAGE 61
AND ADDITIONAL RIGHT
OF WAY PER O.R.B. 285,
PAGE 369 ALL LYING IN ST.
LUCIE COUI\ITY FLORIDA.
2404853
EMERSON, GEORGE H.
04/17/2002
04/24/2002
Notice Intent Abando
Notice Intent Abando
I'MME OF PETITIONER,
George and Margaret
Emerson
ADDRESS,
2375 Jernigan Road
Fort Pierce, FL 34945
Publish, April 17, 24, 2002
2404853
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Subscribed and sworn to me before this date:
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NOTICE OF ABANDONMENT
. i
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 2nd day of July,
2002 the Board of County Commissioners of
St. Lucie County, Florida, approved the
petition, to close, vacate and abandon a
portion of a public right-of-way known as
Schwab 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 public right-of-way
in St. Lucie County, Florida, being more
particularly described as follows:
ALL OF THE EXISTING 60 FEET RIGHT OF
WAY FOR SCHWAB ROAD LYING WEST
OF THE EXISTING 60 FEET RIGHT OF WAY
FOR JERNIGAN ROAD AND EAST OF THE
EAST RIGHT OF WAY FOR McCAIN LANE,
PER PLAT OF "FT. PIERCE GARDENS"
P.B.5 PAGE 61 AND ADDITIONAL HIGHT
OF WAY PER O.R.B. 285, PAGE 369 ALL
LYING IN ST. LUCIE COUNTY, FLORIDA.
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63
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
PUBLISH DATE: July 12, 2002
SCRIPPS TREASURE COAST PUBLISHING COMPANY
The Fort Pierce Tribune
POBox 69~ Ft Pierceþ Florida 34954-0069
AfLidavit of ublication
FT PIERCE TRIBUNE
HELEN-FINANCE DEPT
ST LUCIE CO BOARD OF CO COMM
2300 VIRGINIA AV
FT PIERCE FL 34982-5653
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REFERENCE: 3543
677467 46
STATE OF FLORIDA
COUNTY OF ST LUCIE
Before the undersigned authority personally
appeared , Laura RaisbeckL who on oath says that
she is the Controller of ~he Ft Pierce Trlbune, a
daily newspaper published at Ft pierce in St Lucie
County Florlda. Affiant further says that the
said Fe Pierce Tribune is a newspaper published at
Ft Pierce in St Lucie County, Florlda with offices
and paid circulation in St Lucie County, and
distributed in St Lucie County Florida for a
period of one year preceding the first publication
of the attachea coPY of advertisement; and affiant
further says that she has neither paid nor
Rromised any person, firm or corporation any
âiscount, rebate, commission or refund for the
purpose of securlng this advertisement for
publication in the said newspaper. The Ft Pierce
Tribune has been entered as second class matter at
the post office in Ft Pierce, St Lucie County,
Florlda and has been for a period of one year
precedinq the first publication of the attached
copy of the advertisement. .
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PUBLISHED ON: 06/13
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AD SPACE: . 28.000 INCH . 111
A~If-Lf-El~Da-n-~t-: ~Õ O~_ ·~'Î " ___________________________ _______________________~~_
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In Testimony Whereof, I have hereunto set my hand and affixed my offical
stamp, t ~ aa7J.nd year aforesaid:
Notary: (7~J'1A/t..--<-' ,~) J-s~--- My Commission ExpiresÇAtHERINEHUDSON
Notary Public, State 01 Florida
My comm. exp,Apr. 19. 2004
Comm, No. CC9274S3
NvnCE OF PUBUC HEARING
JuIy2{-.2002
''', ~ .
TO WHOM IT MAY CONcÈRN:
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You will take notice· th;:¡tin ac;cordance with
the provisions of Sections,l??l 01 ,336.09
and 336JO, Florida Statutes, as amended;
and the St. Lucie County Land Development
Code, ·'Seçtion 11.10.01 et. séq., a public
" hearing will be held by the St. LucieCounty
Board of County,. Commissiol1ers,in" th-e
County'~;COmmission Cham:bers,..3r,dJlpor ;Of'.
the RogerÞoitras Administration Annex;"~3 90
Virginia Avenue, Fort Pierëe~;, Florida;'ori. July
·-2,-·-at'-7:00~" PM. or -as soon-'thereafter ,as
practicable; ,on,thepe,titiÇlnofGeor'ge . and
, /I.1at9arE!~ . ErnE!rson,. '1è:>" .:,~19Sè;" ,.\.laciit~.and
abandon that portion..,ofa public ,right-of~way
known asSchwabHoad, hereinafter describêd,
and rénounce and.. disclaim any. right' of . St'.
Lucie County' and the public in and to, the
lands' lying within that· portion' of ,said public
right-of-way in St. Lucie. County; ,Florida,
being more Particularly described as follows:
ALL OF THE EXISTING 60 FEET RIGHT,
,OF WAY FOR SCHWÂB ROAD
LYING WEST OF THE EXISTING 60 FEET ..
, RIGHT OF WAY. FOR JERNIGAN
ROAD AND EAST OF THE EAST RIGHT
", ...oF WAY FOR/I.1cCAINLANE,PER
.. PLAT OF "FT. PIERCE,GARDENS" P.B.s,
PAGE 61 AND ADDITIONAL RIGHT
OF WAY PER O.R.B'. 285, PAGE 369
, ALL LYING IN ST. LUCIE COUNTY
FLORIDA
All interested' parties, ." may appear . and' be
heard at the time andplace abovespecifled.
Written' comments' received inädvance. of. the
public hearing will also beçonsidered. Anyone
. with a disability requiring 'accommodation to
attend this. meeting should contact theSt;.
Lucie County Cbmr¡1unity ServicesM::lnager at
(s6l)462~1777òrTDD 462-1428 at
.IeâstJorty~êight '
meeting.
BOARDQF COUNTY COMMISSIONERS
ST. LUCIE COUNTI,FLORIDA' , '
,./s! DOUG COWARD;.CHAIRMAN '
PUBUSHDATE: June 13, 2002
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SCRIPPS TREASURE COAST PUBLISHING COMPANY
The Stuart News and The Port St Lucie News (an edition of the Stuart News)
1939 S Federal HighwaYi Stuart, FL 34994
Affidavit 01 Pub ication
FT PIERCE TRIBUNE
HELEN-FINANCE DEPT
ST LUCIE CO BOARD OF CO COMM
2300 VIRGINIA AV
FT PIERCE FL 34982-5653
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REFERENCE: 3543
700640 46
STATE OF FLORIDA
COUNTY OF MARTINi COUNTY OF ST LUCIE
Before the undersigned authority personally
appeared~ Laura Ralsbeck, who on oath says that
she is tne Controller of the Stuart News a daily
newspaper Qublished at Stuart in Martin éounty,
Florlda. Atfiant further says that the said Stuart
News is a newspaper published at Stuart in Martin
CountYL Florida with offices and paid circulation
in Mar~in County and St Lucie County and
distributed in Martin County and St Lucie County,
Florida for a period of one year preceding the
first publicatlon of the attached copy of
advertlsementi and affiant further says that she
has neitber paid Dor promised any persQn, ,firm or
corporatlon any dlscount~ rebate, commlSSlon or
refund for the purpose or securinq this
advertisement for publication in the said
newspaper. The Stuart News has been entered as
second class matter at the post office in Stuart,
Martin County, Florida and has been for a period
of one year preceding the first publication of the
attacheð copy of advertisement.
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PUBLISHED ON: 07/12
AD SPACE: 14.000 INCH
FILED ON: 07/03/02
Ãffi~~t~--------------------------- --------------------------
In Testimon¥ Whereof, I have hereunto set my hand and affixed my official
stamp, the ðay and year aforesaid:
Notary :(~: C .JI1¿/~ /ell ,I<?,"'--__ My Commission Expires:
CA THERINE HUDSON
Notary PubliC, Stale of Florida
Mv camm exp Apr. 19. 2004
Con 1m NQ. CC92T458