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Home My WebLink About08-076 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 318597303/27/2008 at 09:28 AM OR BOOK 2954 PAGE 851 - 858 Doc Type: RESO RECORDING: $69.50 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. 08-076 DATE: March 4, 2008 1) :..> -l -l -l ) 'fl >t ~ ... 3 ..J :x: >t ..J ... :3 3 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 12 FOOT UTILITY EASEMENT AND A 12 FOOT DRAINAGE EASEMENT IN JAY GARDENS. SAID 12 FOOT UTILITY EASEMENT AND 12 FOOT DRAINAGE EASEMENTS LIES IN BLOCK 3 OF JAY GARDENS SUBDIVISION RECORDED IN PLAT BOOK 10, PAGE 70 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: :l ..J 1. That Sections 177.101,336.09 and 336.10, Florida Statutes, as amended, and Section 11.10.01 e1. ... ~ ..J ~ :IJ 'fl :ó :IJ -l l.¡ 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. 2. Pursuant to Plat Book 10, Page 70, S1. Lucie County and the general public have a dedicated interest in the following described land: A 12 ft. wide Utility Easement and a 12 ft. wide Drainage Easement lying within Block 3 of Jay Gardens as recorded in Plat Book 10, Page 70 of the Public Records of S1. Lucie County, Florida, lying in Section 11, Township 35 South, Range 39 East, S1. Lucie County, Florida and being more particularly describe as follows: A 12 f1. wide utility easement being described as follows: A 12 f1. wide utility easement lying between the North line of Lot 11 and Lot 28 in Block 3, continue South to the South line of Lot 8 and Lot 31 in Block 3 in the Plat of Jay Gardens as recorded in Plat Book 10, Page 70 in the Public Records of S1. Lucie County, Florida. A 12 f1. wide drainage easement being more particularly described as follows: 1 The entire 12 ft. drainage easement lying between Lots 9, Lot 30, Lot 8 and Lot 31 in Block 3 in the Plat of Jay Gardens as recorded in Plat Book 10, Page 70 in the Public Records of St. Lucie County, Florida. 3. Notice of Intent to Abandon was advertised on November 22, 2007 and November 29, 2007 and no objections were filed. 4. All relevant public utilities have given written consent for the abandonment. The petitioner has given BellSouth Telecommunication, Inc. a 6 ft. easement. 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 February 12,2008, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on March 4, 2008. 8. On February 13,2008, letters were mailed to property owners within 300 ft. 9. On February 16, 2008, a Notice of Public Hearing was advertised in the Fort Pierce Tribune and Port St. Lucie News. 10. It is in the best interest of the public to vacate and abandon the 12 ft. utility easement and 12 ft. drainage easements more particularly described as follows: A 12 ft. wide Utility Easement and a 12 ft. wide Drainage Easement lying within Block 3 of Jay Gardens as recorded in Plat Book 10, Page 70 ofthe Public Records of St. Lucie County, Florida, lying in Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida and being more particularly describe as follows: A 12 ft. wide utility easement being described as follows: 12 ft. wide utility easement lying between the North line of Lot 11 and Lot 28 in Block 3, continue South to the South line of Lot 8 and Lot 31 in Block 3 in the Plat of Jay Gardens as recorded in Plat Book 10, Page 70 in the Public Records of St. Lucie County, Florida A 12 ft. wide drainage easement being more particularly described as follows: The entire 12 ft. drainage easement lying between Lots 9, Lot 30, Lot 8 and Lot 31 in Block 3 in the Plat of Jay Gardens as recorded in Plat Book 10, Page 70 in the Public Records of St. Lucie County, Florida. 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That a portion of a 12 f1. wide Utility Easement and a 12 ft. wide Drainage Easement lying within Block 3 of Jay Gardens as recorded in Plat Book 10, Page 70 of the Public Records of St. Lucie County, Florida, lying in Section 11, Township 35 South, Range 39 East, S1. Lucie County, Florida and being more particularly describJas follows: A 12 f1. wide utility easement being described as follows: 12 f1. wide utility easement lying between the North line of Lot 11 and Lot 28 in Block 3, continue South to the South line of Lot 8 and Lot 31 in Block 3 in the Plat of Jay Gardens as recorded in Plat Book 10, Page 70 in the Public Records of S1. Lucie County, Florida. A 12 ft. wide drainage easement being more particularly described as follows: The entire 12 f1. drainage easement lying between Lots 9, Lot 30, Lot 8 and Lot 31 in Block 3 in the Plat of Jay Gardens as recorded in Plat Book 10, Page 70 in the Public Records of S1. 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 Joseph Smith Aye Vie-Chairman Paula Lewis Ave Commissioner Chris Craft Ave Commissioner Charles Grande Aye Commissioner Doug Coward Aye PASSED AND DULY ADOPTED this 4nd day of March, 2008. ~' , ' y.," .'" BOARD OF COUNTY COMM~ÓNERS > ,,' OF ST. LUCIE COUNTy,FL~A....>-..,¡;::~; . ATTEST: ;;::~! ~:è:'/!~: ;..- By: 3 03/18/2008 04:39 7722214125 CLASS ..."...."..................................."..........,.'''.."..............."........................--.....,.................... ~ Seri s Treasure Coast Publishin STATE OF FLORIDA COUNTY OF ST LUCIE BEFORE THE UNDERSIGNED AUTHORITY APPEARED LILLI SENESAC WHO ON OATH SAYS HE/SHE IS ADVfBILLlNG CREDIT MANAGER OF THE FT PIERÇ~ TRIBUNE; A DAtL Y NEWSPAPER PUBLISHED AT Ff PIERCE IN ST LUCIE COUNTY, FLORIDA, THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A SLCBOCC IN THE MATTER OF Notice of Abandonment IN THE COURT, WAS PUBLISHED IN THE FT PIERCE TRISUN~ IN THE ISSuES OF March 7, 2008 AFFIANT I=URTHER SAYS THAT THE SAID THEFT 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 DISTRI~uTED IN MAATIN COUNTY, FLORIDA AND ST LUCIE COUNTY, FLORIDA, FOR A PERIOD OF ONE YEAR PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF AD\ÆRTISEMENT; 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 01= SECURING THIS ADVERTISEMENT FOR. PUBLICATION IN THE SAID NEWSPAPER. THE THE FT PIERCE iRIBUNE 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 FORA PERIOD OF ONE YEAR PRECEDING THE FIRST PUBliCATION 01= THE ATTACHED COPY OF ADVERTISEMENT. rN.th &r¥\WJeL .. LILLI SENESAC-ADV BILLlNGlCREDlT MANAGER SWORN TO AND SUBSCRIBED BEFORE ME THIS 18 DAY OF March A.O. 2008 ($ PAGE 02/07 NOTICE OF ABANDONMENT TO WHOM IT MAY CONCERN: In accordance with the provisions of Sections 177.1 01, 336.09 and 336.1 0, Florida Statutes, as amended, and Section 11.10.01 et. seq. of the St. Lucie County Land Development Code, on the 4th day of March, 2008 the Board of County Commissioners of St. Lucie County, Florida, approved the petition, to close, vacate and abandon a utility easement and drainage easement, hereinafter described and renounce and disclaim any right of St. Lucie County and the public in and to the . lands Iyiñg within that portion of said utility easement and drainage easement in St. Lucie County, Florida, being more particularly described as follows: 12 ft. wide Utility Easement and a 12 ft. wide Drainage Easement lying within Block 3 of Jay Gardens as recorded in Plat Book 10, Page 70 of the Public Records of St. Lucie County, Florida, lying in Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida and being more particularly describe as follows: A 12 ft. wide utility easement being described as follows: 12 ft. wide utility easement lying between the North line of Lot 11 and Lot 28 in Block 3, continue South to the South line of Lot 8 and Lot 31 in Block 3 in the Plat of Jay Gardens as recorded in Plat Book 10, Page 70 in the Public Records of St. Lucie County, Florida A 12 ft. wide drainage easement being more particularly described as follows: The entire 12 ft. drainage easement lying between Lots 9, Lot 30, Lot 8 and Lot 31 in Block 3 in the Plat of Jay Gardens as recorded in Plat Book 10, Page 70 in the Public Records of St. Lucie County, Florida. Board of County Commissioners, St. Lucie County March 7, 2008 ~ :.ã: ~ III SCRIPPS HOWARD SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION PO# NOTICE OF INTENT TO ABANDON UTILITY EASEMENT TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 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.. PARICHARD O'BRYANT, intends to file a petition requesting that the St. Lucie County Board of County Com-, missioners close, va- cate, and abandon that portion of a uti Iity ease- ment hereinafter de- scribed, and renounce and disclaim any right of St. Lucie County and the I public in and to the lands' lying within that portion i of said utility easement II in St. Lucie County, Florida,. described as fol-I lows: I A 12 foot wide Easement I' lying within Block 3 of JAY GARDENS, as reo corded in Plat Book 10, Page 70 of the Public Records of St. Lucie County, Florida, lying in Section 11, Township 35 South, Range 39 East, St. Lucie County, Flori· da, and being aban- doned as follows: . From a point 6.00 feet South of the North . lines , of Lot 11 and Lot 28 in said Block '3 continue South to a point lying 43.96 feet North of the South line of Lot 8 and Lot 31 said Block 3. ALSO THE ENTIRE 12' DRAINAGE EASEMENT BETWEEN LOTS 8 & 9 and 30 ,& 31, Block 3 of JAY GARDENS, as re- corded in Plat Book 10, Page 70 of the Public Records of St. Luciel County, Florida, lying in Section 11, Township 35! S'outh, Range 39 East,' St. Lucie County, Florida The date of the first pub- lication of this Notice is November 22, 2007. Petitioner: PARICHARD O'BRYANT 240 Corinne Road Fort Pierce, Florida 34945 Attorney for Petitioner: Christopher J. Twohey, Esq. 844 East Ocean Blvd" Suite A Stuart, Florida 34994 Telephone:(772) 221-8221 Florida Bar: 0932108 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 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 penod 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 Customer Ad Number Pub Date Copvline CHRISTOPHER J. TWOHEY, P.A 1745634 11 /22/2007 PUBLIC NOTICE CHRISTOPHER J. TWOHEY, P.A 11/29/2007 Subscribed and sworn to me before this date: November 29,2007 £ ~4Þ ~.... ~~ ~2 ( ':,.J-:k,~ Ií (j -. __l'.- . ,,""';'~"'" MARY 1. BYRNE . /i'[D>!l ".(~"::. Notary Public - Stale 01 Florida ª. . §My Commission Expires Aug 2, 2010 \,....,. fi;: CommiSSion # DO 544327 ~:~ ~ ~ = "',,'r..r.¡," Bonded By National Notary Assn. · ¡i . , 1_--...., ii ) Ii ¡ t.-\O-'\., Notary Pub~c - JAY GARDENS Pub: November 22, 29, : 2007 I 1745634 ' Scrip s Treasure Coast Publishin ~ ;TATE OF FLORIDA ;OUNTY OF ST LUCIE BEFOR~ THE UNDERSIGNED AUTHORITY APPEARED LIL.U SENESAC WHO ON OATH SAYS HE/SHE IS IDV/BILlJNG CREDIT MANAGER OF THê FTP/éRCê TRIBUNE A DAILY NEWSPAPE.R 'UBllSHED AT FT PIERCE IN ST LUCIE COUNTY. FLORIDA, THAT THE ATTACHED COpy OF ADVERTISEMENT, BEING A SLCBOCC IN THE MAITER 01= Notice of Þublic He<lring N THE COURT. WAS PUBLISHED IN THE FT PIERCE TRIBUNE N THE ISSUES OF F$hruary 16,2008 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 ATIACHED COPY OF ADVERTISEMENT; \ND AFFIANT FURTHER SAYS THAT HElSHE HAS NEITHER PAlO NOR PROMISEO ANY PERSON, FIRM OR CORPORATION \NY DISCOUNT, REBATE, COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR lUBLlCATION IN THE SAID NEWSPAPER. THE THE FT PIERCE TRIBUNE HAS BEEN ENTERED AS SECOND CLASS MATTER AT rHE POST OFFICE IN STUART, MARTIN COUNTY, FLORIDA, AND FT PIIõ.RCIõ., ST LUCIE COUNTY. FL.ORIDA AND HAS BIõ.EN =OR A PERIOD OF ON~ YEAR PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT. ~ l: ~~ LILL.I SENESAC-ADV BILLING/CREDIT MANAGER ;WORN TO AND SUBSCRIBED BEf'OR.E ME rHIS 20 DAY OF March "..0. 2008 .s~y A~ NOTARY PUBLIC ~~"'r (\~ ;7'",""",\ NOTARYP"(TELlC.:-,J.'"..J J".\,L.. ,.....,.. Jud\fu A HUE-on (~Æ:'~ corr,r;·,lsúon j. DD~3~~F ....,'fu;¡¡¡(.,. Ex?i!'~s: 'f.,B. o~ .:."...1 '''''n~'irD''\r'LJu~u ¡Y" ",.:.,.l't 3:jÞ~j)l:-O;G CO., INC. BOND~ .".. ,.".,,,.. . 90/20 39'i1d SS'i1l:::l 961Þ162:UL 90:10 8006/02:/20 NOTICE OF PUBLIC HEARING March 4, 2008 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 March 4, 2008 at 6:00 P.M. or as soon thereafter as practicable, on the petition to close, vacate 'and abandon a portion of a utility easement and drainage easement, hereinafter described and renounce and disclaim any right of St. Lucie County and the public in and to the lands lying withi.n said Jay Gardens in St. Lucie County, Florida. If it becomes necessary, the public hearing may be continued from time to time as may necessary to a date-certain. Being more particularly described as follows: A 12 ft. wide Utility Easement and 12 ft. wide Drainage Easement lying within Block 3 of Jay Gardens as recorded in Plat Book 10, Page 70 of the Public Records of St. Lucie County, Florida, lying in Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida and being more particularly described as follows: 12 ft wide utility easement being described as follows: A 12 foot wide utility easement lying between the North line of Lot 11 and Lot 28 in said Block 3 continue South to the South lines of Lot 8 and Lot 31 said Block 3. A 12 ft. Drainage easement being more particularly described as follows: A 12ft drainage easement lying between Lots 9, Lot! 30, Lot 8 and Lot 3'1 in said Block 3. 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. The petition file is available for review at the Property Acquisition Division, located at 2300 Virginia Avenuè, 3rd Floor, Fort Pierce, Florida. Please call 772- 462-1725 if you have any questions or require additional information. Anyone with a disability requiring accommodation to attend this meeting should. contact the St. Lucie County Community Services Manager at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ìi'1'1 .,..___,,_tIJ._..__.__":_ ,.. I ¡ I , I \ I U1....l~ 11 ,\ , ~ I2o!Pt ' I" .,) 1\1 lit _-~----l..l.L.---,---------~ .' I: I illl I I , I , 1 u" ~ ___ r--.. 9 1-' '--../ I , I I I I ----~--~~~-- -----~---~-- ~ . -1Ð\It: AB#.NÐOOEÐ --~~--I·------------ III III .I..¡ . ¡ ! , :l.' ''''I ¡ ?ll ,"". --·-····tt¡ 28 ~10 29 30 COB 31 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Joseph Smith, Chairman PUBLISH DATE: February 16, 2008