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HomeMy WebLinkAbout08-128 This instrument prepared by: Janet LiCausi, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Vii-ginia Avenue Fort Pierce, FL 34982 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3211939 OS/27/2008 at 01 :0;) PM OR Book 2977 PAGE 1459" 1468 Doc Type: RESO RECORDING: $86.50 RESOLUTION NO. OB.c128 DATE: M;lry 6, 2008 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 5-FEET OF A 60-FOOT DRAINAGE EASEMENT IN HOLIDAY PINES. SAID 5-FEET OF THE 60-FOOT DRAINAGE EASEMENT, LIES IN LOT 520 OF HOLIDAY PINES SUBDIVISION PHASE III, RECORDED IN PLAT BOOK 20, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. 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 20, Page 19, St. Lucie County and the general public have a dedicated interest in the following described land: A parcel ofland lying in Section 18, Township 34 South, Range 40 East, St. Lucie County, Florida, Being a portion of Lot 520, as per Plat of Holiday Pines Subdivision Phase Ill, as recorded in Plat Book 20, Page 19 and 19A through 19G .of the Public Records of St. Lucie County, Florida and being more particularly described as follows: Begin at the point of intersection of the North line of said Lot 520 with the West line of the 60-foot wide Drainage Easement running through said Lot 520; thence N76011'10"E, along said North line of Lot 5 20, a distance of 5 .16 feet, to a line lying 5.00 feet East of and parallel to the said West line; thence SOoo29'46"W, along said parallel line, a distance of 363.88 feet, to the South line of said Lot 520; thence N73055'59"W, along said South line, a distance of 5 .19 feet, to the said West line of the 60-foot wide Drainage Easement, thence NOoo29'46"E, along said West line, a distance of 361.21 feet to the Point of Beginning. The above described parcel contains 1813 square feet, more or less. 1 3. Notice of Intent to Abandon was advertised on September 26, 2007 and October 3, 2007 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 April 1, 2008, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on May 6,2008. 8. On April 14, 2008, letters were mailed to property owners within 300 feet. 9. On April 18, 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 5-feet of the 60-foot Drainage Easement more particularly described as follows: A parcel ofland lying in Section 18, Township 34 South, Range 40 East, St. Lucie County, Florida, Being a portion of Lot 520, as per Plat of Holiday Pines Subdivision Phase ill, as recorded in Plat Book 20, Page 19 and 19 A through 19G of the Public Records of St. Lucie County, Florida and being more particularly described as follows: Begin at the point of intersection of the North line of said Lot 520 with the West line of the 60-foot wide Drainage Easement running through said Lot 520; thence N760l1'10"E, along said North line of Lot 520, a distance of 5.16 feet, to a line lying 5.00 feet East of and parallel to the said West line; thence SOoo29'46"W, along said parallel line, a distance of 363.88 feet, to the South line of said Lot 520; thence N73055'59"W, along said South line, a distance of 5.19 feet, to the said West line of the 60 foot-wide Drainage Easement, thence NOOo29'46"E,along said West line, a distance of 361.21 feet to the Point of Beginning. The above described parcel contains 1813 square feet, more or less. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That 5-feet of a 60-foot Drainage Easement lying within Lot 520 of Holiday Pines as recorded in Plat Book 20, Page 19 and 19A through 19G of the Public Records of 81. Lucie County, Florida, St. Lucie County, Florida and being more particularly described as follows: A parcel of land lying in S.ection 18, Township 34 South, Range 40 East, St. Lucie County, Florida, Being a portion of Lot 520, as per Plat of Holiday Pines Subdivision Phase III, as recorded in Plat Book 20, Page 19 and 19A through 19G ofthe Public Records of St. Lucie County, Florida and being more particularly described as follows: Begin at the point of intersection of the North line of said Lot 520 with the West line ofthe 60-foot wide Drainage Easement running through said Lot 520; thence N76011'1O"E, along said North line of Lot 520, a distance of 5.16 feet, to a line lying 5.00 feet East of and parallel to the said West line; thence SOoo29'46"W, along said parallel line, a distance of 363.88 feet, to the South line of said Lot 520; thence N73055'59"W, along said South line, a distance of 5.19 feet, to the said West line of the 60-foot wide Drainage Easement, thence NOoo29'46"E, along said West line, a distance of 361.21 feet to the Point of Beginning. The above described parcel contains 1813 square feet, more or less. 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 Vice-Chairman Paula Lewis absent Commissioner Chris Craft Aye Commissioner Charles Grande Aye Commissioner Doug Coward Ave PASSED AND DULY ADOPTED this 6th day of May, 2008. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: TO FORM AND LEGAL DESCRIPTION AND MAP OF DESCRIPTION DRAiNAGE EASEMENT ABANDONMENT FOR WENDY BRANN LOT 520 HOLIDAY PINES SUBDIVISION PHASE III, ST. LUCIE COUNTY, FLORIDA PREPARED OCTOBER 31, 2007 I JOHN J. RICE Professional Surveyor and Mapper 740 NE 361ST COURT, OKEECHOBEE. FLORIDA 34972 TEL (863) 763-1680 jr@jr!andsurveyor.com THIS IS NOT A SURVEY LEGAL DESCRIPTION: A PARCEL Of LAND LYING ,IN SECTION 18, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING A PORTION OF LOT 520, AS PER PLAT OF "HOLIDAY PINES SUBDIVlStON PHASE Ht", AS RECORDED IN PLAT BOOK 20, PAGE 19 AND19A THROUGH 19G, OF THE PUBLIC RECOROS OF. ST. LUCIE COUNTY, FLORIDA SAID PARCEL IS DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID LOT 520 WITH THE WEST LINE OF THE 60 FOOT WIDE DRAINAGE EASEMENT RUNNING THROUGH SAID LOT 520; THENCE N76i1'10"E, ALONG SAID NORTH LINE OF LOT 520, A DISTANCE Or 5.16 fEET, TO A LINE LYING 5.00 FEET EAST OF AND PARALLEL TO THE SAIP WEST LINE; THENCE SOO'29'46"W, ALONG SAID PARALLEL LINE, A DISTANCE OF 363.88 FEET, TO THE SOUTH LINE OF SAtD LOT 520; THENCE N73051r59"W, ALONG SAID SOUTH LINE, A DISTANCE OF 5.19 FEET, TO THE SAID WEST LINE OF THE 60 FOOT WIDE DRAINAGE EASEMENT; THENCE NOoo29'46"E, ALONG SAID WEST LINE, A DISTANCE OF 361.21 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1813 SQUARE FEET, MORE OR LESS. SIONAlSURVEYOR AND MAPPER REGISTRATioN NUMBER 4506 "EXHIBIT A" PAGE 1 OF 2 "LEGAL DESCRIPTION AND MAP OF DESCRIPTION DRAiNAGE EASEMENT ABANDONMENT FOR WENDY BRANN LOT 520 HOLIDAY PINES SUBDIVISION PHASE III, ST. LUCIE COUNTY, FLORIDA PREPARED OCTOBER 31, 2007 [M@mlHl ~ 1" "" 50' / / / ----- '" ..~: I '" tOT 519 \,\16;"W I, J \ 1/5.\6 -dr I ~ -----"I j L.... ~\.01 Ij~Ql ~, ,IS 'to !Jj~, J ~. , \! '''\ POB-j 11\ 60.0' J } ~ ~ \ \1 I 0> / / ii\ lh4~ /( / l!l ~ II \ I I ~ _~// \ - w II III ....._ _ \ L..l \ I I a.. -~ ----~'\(( 511 \!e jSl ~ ------r- i : : ~ I :il ~ I /HoubAyl~~E~2~BOIWSON ! ~ I ~ I ::::J 1 J: ,PHAsr:m I i l~ f P.B. 20, PGS. 19 & 19A-19 II 01 - ,_I \ (PU~U&~~~O~~ALUCIE I <0 ~ Iii :~:~::::::]i ;ABANIfo/ENT PARCEl ~ll_~J:~~~~~-~r\~,rll I COVERED 'I NO'll I 1 -"-' - . I l----J =':If: ~ ~!:)1\l!'L!I""l! I" ::1 r---m i i: I 1)1 1)1,1 I 'L____ I ~I\ I \~ ~ll I \CD ~ u.1 I lOT 520 \u. 1'S 0,11 I 10 I I 0- I ~ gi I I EXISTING SHED L \ \ 56.~' - - II -- ---l \ 11 I -- \ I I --- __ \ 1\, - ----- \ II I LOT 524 \...... --- ~ , ( I -, I N73~~, \~I 5.19' Sg"w I 1 I CQU~\ ,-OO'/.. QU1 LOT 521 LOT 522 JOHN J. RiCE, PROFESSiONAL SURVEYOR AND MAPPER 740 NE 361ST COURT, OKECHOBEE, FLORIDA 34972 'Trl loc'?\ -'C"7. -icon ~_~~_I__.J:-.._.._..__'___ t1:.l.. ~oo.;>) f 0';>-1 oov Jf IlPJflUflU::lUf V~yof . <;Offl "EXH!BIT A" PAGE 2 OF 2 .J SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~A~ III SCRIPPS HOWARD STATE: OF FLORIDA COUNTY OF ST 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 SI. 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 for pUblication in the said newspaper. The Fort Pierce Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, SI. Lucie County, Florida and has been, for a period of one year next preceding the first publication of the attached copy of adv~rtisemenl. Ad Pub Customer Number Date Copvline PO# JAMES BRANN 1712119 9/26/2007 NOTICE OF INTENT TO ID 0 131350200970001 ABANDON JAMES BRANN 1 0/3/2007 Subscribed and sworn to me before this date: October 03, 2007 .s: 2Y4kh~ L/~ -; iJ.' "- ..---;~ (J lb-, (0/ Notary Pubiic I " .,' .,. '" .,., ,. " ,,',. - - .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 amended 336.09 and 336.10 Flori da Statutes, as amend ed, and SI. Lucie County Land Development Code, Section 11.10.01. el. seq., James & Wendy I Brann, intends to file a petition requesting that the SI. L'ucie County Board of County Com missioners cros:s, va cate, and abandon that portion of a public Drainage Easment, here inafter described, and renounce' and disclaim any right of St. Lucie County and the public in and to the lands lying within that portion of sai,d public Drainage Easment in St. Lucie County, Florida, de scribed as,follows: 50f existing 60 foot Eas ment on East side of Property lea:ving a 5,5 Easmenl. Legal Description: Lot 520, Holiday Pines Subdivisi9n Phase III, Plat Book 20, pages 19, 19A -19G. ID# 13135020097000-1 Pub: September 26, October 3, 2007 1712119 . ~ -,,,~,,,"-..-'~", --"_ ,01 -~' ...,................"..............."",......"...""........"..".................."................................................................. ~ I Iii ;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 PROP ACQUISITIONS IN THE MATTER OF NOTICE OF PUBLIC HEARING J THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE J THE ISSUES OF April 18, 2008 AFFIANT FURTHER SAYS THAT THE SAID THE FT PIERCE TRIBUNE ) A NEWSPAPER PUBLISHED AT FT PIERCE, IN SAID ST LUCIE COUNTY, FLORIDA WITH OFFICES AND PAID CIRCULATION JMARTIN 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; 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 THE FT PIERCE TRIBUNE HAS BEEN ENTERED AS SECOND CLASS MATTER AI 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 OFTHE ATTACHED COPY OF ADVERTISEMENT. ~~ LILLI SENESAC"ADV BILLING/CREDIT MANAGER ;WORN TO AND SUBSCRIBED BEFORE ME 'HIS 20 DAY OF MAY \.0. 2008 '\ ~~' "{y~ NOTARY PUBLIC 1 SEAL)\ ,....................................................................................................................................... ;cripps Treasure Coast Publishing Company ~.A~ I Iii fATE 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 PROP ACQUISITIONS IN THE MATTER OF NOTICE OF ABANDONMENT I THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE I THE ISSUES OF May 10,2008 AFFIANT FURTHER SAYS THAT THE SAID THE FT PIERCE TRIBUNE ; 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; 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 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. ddu-~ LILLI SENESAC-ADV BILLING/CREDIT MANAGER ;WORN TO AND SUBSCRIBED BEFORE ME HIS 12 DAY OF MAY ,.0. 2008 SEAL)