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Home My WebLink About04-028JOANNE HOLHAN, CLERK OF THE OIROUIT OOURT - SAINT LUOIE OOUNTY File Number: 2347616 OR BOOK 1895 PAGE 409 Recorded:02/05/04 14:41 This instrument prepared by: danet LiCausL under the direction of Daniel S. Mclntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RESOLUTION NO. 04-28 DA TE: January 6, 2004 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 UNIMPROVED 30 FOOT RIGHT-OF-WAY LYING BETWEEN LOTS 2, 3, 6, 7, 10, 11, 14, AND 15 IN THE NORTHWEST 1/4 OF THE SUBDIVISION OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 30, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. That S ections 1 77.101, 336.09and336.10, F lorida S tatutes, a s a mended, a nd S ection 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 3, Page 30, St. Lucie County and the general public have a dedicated interest in the following described land: UNIMPROVED 30 FOOT RIGHT-OF-WAY LYING BETWEEN LOTS 2, 3, 6, 7, 10, 11, 14, AND 15 IN THE NORTHWEST 1/4 OF THE SUBDIVISION OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT o o OR BOOK 1895 PAGE 410 THEREOF A S RECORDED IN P LA T BOOK 3, PA GE 3 O, 0 F THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. The abandonment of this unimproved, an unopened, un-maintained right-of-way will allow the property owners to develop their property on either side of this platted right-of- way. A Notice of Intent to Abandon was advertised on August 12 and August 19, 2003. No objections were filed. All relevant public utilities have given written consent for the abandonment. On December 9, 2003, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on January 6, 2004. On December 19, 2003, letters were mailed to all property owners' lying within 300feet of proposed abandonment area and no objections were filed. On December 19, 2003, a Notice of Public Hearing was advertised in the Ft. Pierce Tribune. At the January 6, 2004 Public Hearing, the Board determined that it is in the best interest of the public to vacate and abandon the right-of-way more particularly described as follows: UNIMPROVED 30 FOOT RIGHT-OF- WA Y LYING BETWEEN LOTS 2, 3, 6, 7, 10, 11, 14, AND 15 IN THE NORTHWEST 1/4 OF THE SUBDIVISION OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 30, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 2 OR BDOK 1895 PAGE 411 NO ~, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That unimproved, unopened platted right-of-way in Section 4, Township 36 South, Range 39 East which is more particularly described as follows: UNIMPROVED 30 FOOT RIGHT-OF-WAY LYING BETWEEN LOTS 2, 3, 6, 7, 10, 11, 14, AND 15 IN THE NORTHWEST 1/4 OF THE SUBDIVISION OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 30, OF THE PUBLIC RECORDS OF 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 Paula Lewis A YE Vice-Chairman John Bruhn A YE Commissioner Frannie Hutchinson A YE Commissioner Cliff Barnes A YE Commissioner Doug Coward A YE PASSED AND DUL Y ADOPTED this 6th day of January, 2004 3 SCRIPPS HOWARD SCRIPPS ' 'EASURE COAST NEWSPAPERS Fort Pierce Tribune Port St. Lucie Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority perspnally appeared, S. Darlene Mailing, who on oath says that she is Classified Inside Sales Manager of the Fort Pierce Tribune arid the Port St. Lucie Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached cop~, of advertisement was publshed in the Fort Pierce/Port St. Lucie Tribune in the following issues below. Affiant further says thal 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 or promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Fort Pieme Tribune has been entered as second class 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 Cop¥1ine PO # DRAWDY BROTHERS 253196 8/12/2003 NOTICE OF INTENT NOTICE DRAWDY BROTHERS 8/19/2003 OR BOOK 1B95 PAGE 412 ,¸DF cate, an :othe i3~6 and ,: 1 SeCtion :'SoUti~? L :the :: F.t.iPi~rce;:FL 3 Subscribed and sworn to me before this date: August 19, 2003 Notary Publi, OR BOOK 1895 PAGE 413 Scripps Treasure Coast Publishing Company STATE OF FLORIDA COUNTY OF ST LUCIE BEFORE THE UNDERSIGNED AUTHORITY APPEARED TAMMY PAGE WHO ON OATH SAYS THAT HE/SHE IS ACCOUNTING CONTROLLER OF THE FT PIERCE TRIBUNE AND PT SAINT LUCIE TRIBUNE A DAILY NEWSPAPER PUBLISHED AT FT PIERCE IN ST LUCIE COUNTY, FLORIDA, THAT THE Aq-rACHED COPY OF ADVERTISEMENT, BEING A 840988 IN THE MATTER OF St. Lucie Co. Board of Co. Corem IN THE COURT, WAS PUBLISHED IN THE FT PIERCE TRIBUNE AND THE PT ST LUCIE TRIBUNf IN THE IssuEs OF December 19, 2003 AFFIANT FURTHER SAYS THAT THE SAID THE FTPIERCETRIBUNE AND THE PT SAINT LUCIE TRIBUNE IS A NEWSPA. PER PUBLISHED AT FT PIERCE, IN SAID ST LUCIE COUNTY, FLORIDA WITH OFFICES AND PAID CIRCULATION IN MARTIN C~UNTY, 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 MA'FI'ER 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. SWORN TO AND SUBSCRIBED BEFORE ME THIS 7 DAY OF January BLIC HEAl Scripps Treasure Coast Publishing Company STATE OF FLORIDA COUNTY OF MARTIN: COUNTY OF ST. LUCIE BEFORE THE UNDERSIGNED AUTHORIT~ PREARED TAMMY PAGE WHO ON OATH SAYS HE/SHE I'~ ACCOUNTING CONTROLLER OF THE STUART NEWS AND THE PORT ST LUCIE NEWS, A DALLY NEWSPAPER PUBLISHED AT STUART IN MARTIN COUNTY, FLORIDA, THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A ST. Lucie Co. Bal. Of County Comm. IN THE MATTER OF Notice of Abandonment IN THE ST LUCIE COUNTY COURT, WAS PUBLISHED IN THE STUART NEWS AND THE PORT ST LUCIE NEWS IN THE ISSUES OF Januar~ 13, 2004 AFFIANT FURTHEF~: SAYS THAT THE SAID THE STUART NEWS AND THE PORT ST LUCIE NEWS IS A NEWSPAPER PUBLISHED AT STUART, IN SAID MARTIN 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 FOF~ THE PURPOSE OF SECURING 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 FT PIERCE, ST LUClE COUNTY, FLORIDA AND HAS BEEN FOR A PERIOD OF ONE YEAR PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT. SWORN TO AND SUBSCRIBED BEFORE ME THIS 29 DAY OF Janua~j A.D. 2004