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HomeMy WebLinkAbout12-027JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3679220 02/29/2012 at 04:23 PM OR BOOK 3366 PAGE 2403 - 2408 Doc Type: RESO RECORDING: $52.50 This instrument prepared by: Jonet LiCausi, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RESOLUTION NO. 12-027 DATE: February 7, 2012 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 THE NORTHERLY 10-FOOT DRAINAGE/UTILITY EASEMENT ALONG LOTS 35, 36, 37 AND 38, BLOCK 43, RIVER PARK- UNIT 5 AND THE EASTERLY 6-FOOT DRAINAGE/UTILITY EASEMENT ALONG LOT 35, BLOCK 43, RIVER PARK-UNIT 5 AS RECORDED IN PLAT BDOK 11, PAGE 31 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. 2 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. Pursuant to Plat Book 11, Page 31, St. Lucie County and the general public have a dedicated interest in the following described land: A parcel of land lying and being in a prtion of Section 28, Township 36 South, Range 40 East, St. Lucie County, Florida being described as follows: The Northerly 10-feet of Lots 35, 36, 37, and 38, Block 43, River Park-Unit Five, as recorded in Plat Book 11, Page 31, of the Public Records of St. Lucie County, Florida. and A parcel of land lying and being in a portion of Section 28, Township 36 South, Range 40 East, St. Lucie County, Florida being described as follows: 1 The Easterly 6-feet of Lot 35, Block 43, River Park-Unit Five as recorded in Plat Book 11, Page 31, of the Public Records of St. Lucie County, Florida. The abandonment of the Drainage/Utility Easements will permit the petitioner the most efficient Utilization of their property. 3. A Notice of Intent to Abandon was advertised on October 26, 2011 and November 2, 2011 and no objections were filed. 4. All relevant public utilities have given written consent for the abandonment. The Petitioner has given the City of Port St. Lucie an Access and Exclusive Utility Easement which they requested. 5. County Staff 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 January 3, 2012, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on February 7, 2012. 8. On January 19, 2012, a Notice of Public Hearing was advertised in the St. Lucie News Tribune. 9. It is in the best interest of the public to vacate and abandon the Drainage/Utility Easements more particularly described as follows: A parcel of land lying and being in a po rtion of Section 28, Township 36 South, Range 40 East, St. Lucie County, Florida being described as follows: The Northerly 10-feet of lots 35, 36, 37, and 38, Block 43, River Park-Unit Five, as recorded in Plat Book 11, Page 31, of the Public Records of St. Lucie County, Florida. and A parcel of land lying and being in a portion of Section 28, Township 36 South, Range 40 East, St. Lucie County, Florida being described as follows: The Easterly 6-feet of Lot 35, Block 43, River Park-Unit Five as recorded in Plat Book 11, Page 31, of 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: A parcel of land lying and being in a portion of Section 28, Township 36 South, Range 40 East, St. Lucie County, Florida being described as follows: The Northerly 10-feet of Lots 35, 36, 37, and 38, Block 43, River Park-Unit Five, as recorded in Plat Book 11, Page 31, of the Public Records of St. Lucie County, Florida. and A parcel of land lying and being in a portion of Section 28, Township 36 South, Range 40 East, St. Lucie County, Florida being described as follows: The Easterly 6-feet of Lot 35, Block 43, River Park-Unit Five as recorded in Plat Book 11, Page 31, 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 Chris Dzadovsky AYE Commissioner Chris Craft AYE Commissioner Paula Lewis AYE Commissioner Frannie Hutchinson AYE Commissioner Tod Mowery Absent PASSED AND DULY ADOPTED this 7`h day of February, 2012 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ~. . ~--. l7 ~ / a ~~ GJ~. _;_. ~ _ N D `:' M- „4 b ~4 4~.. • ~ _ ~ t F. r?r(~yfl , ~' .. ~ ' A _. ~ Y Cv'. F .~..' . ~ ,~~~ 4~k `n ~ f -dJk '~~ SCRIPPS TREASURE COAST NEWSPAPERS 1939 SE Federal Highway, Stuart, Florida 34994 Affidavit of Publication Scripps Treasure Coast Newspap I JOANN RILEY ST LUCIE COUNTY PROPERTY ACQUI 2300 VIRGINIA AVE FT PIERCE FL 34950 I I REFERENCE: 15614579 2668301 final abandonment STATE OF FLORIDA ~ COUNTY OF MARTIN, ST. LUCIE and INDIAN RIVER Before the undersigned authority personally appeared and who on oath says that he/she is the Acct Adv Clerk of Scripps Treasure Coast Newspaper which publishes 3 daily newspapers in Martin Cnty:~ The Stuart News; St Lucie Cnty: St Lucie News Tribune: and Indian River Cnty: The Zndian River Press Journal; Affiant further states that these newspapers are published daily, with offices and paid circulation in said counties, ands distributed in said counties for one year ~ preceding the first publication of the attached copy of advertisement; and affiant further states 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(s). These newspapers have been entered as second class matter at the post office of Martin, St. Lucie and Indian River counties and have been for a period of one year preceding the first publication of the attached copy of advertisement. BLISHED ON: 02/13 I I I AD SPACE: 12.000 INCH FILED ON: 02/22/12 S~wo/~n~ to and su scribed before me this day of ~(f. 2 2 a 0 (Z by (Kll~?IL ~'~~ wh i s Sk nC`~i~ Cv 4~ i'~ [~ personally known to me or ~~j~ [ ] who has roduced as identification._J~1,~/s"y- ~7 Notary: '- My Commission Expires: ~r! ~. TVO i /'.RY P"~d;IGSTATE OF FLO~DA :Commission # DD601491 "'•., ,,,,,.•` Expires: OCT. 22, 2012 so;vn~ TFIRU eTi.ANTic soxnnva CA., nvC o The Stuart News o The St Lucie Neves Tribune o The Indian River Press Journal 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 7th 'day of February, 2012 the Board of County Commissioners of St. Lucie County, Florida, approved the petition, to close, vacate and abandon Drainage/Utility Easements, 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 drainage/utility easements in St. Lucie County, Florida, -being more particularly described as follows: NORTHERLY 10-FOOT OF LOTS 35, 36, 37 AND 38, BLOCK 43, RIVER PARK-UNIT FIVE, AS RECORDED IN PLAT BOOK 11, PAGE 31 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND A PARCEL OF LAND LYING AND BEING IN A PORTION OF SECTION 28, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: THE"EASTERLY 6-FEET'OF LOT 35, BLOCK 43, RIVER PARK-UNIT FIVE, AS RECORDED IN PLAT BOOK 11, PAGE 31, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. The Easterly 6-feet of Lot 35, Block 43, River Park-Unit Five, as recorded in Plat Book 11, Page 31, of the Public Records of St. Lucie-County, Florida. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA PUBLISH DATE: February 13, 2012 o The Jupiter Courier NewsWeekly SCRIPPS TREASURE COAST NEWSPAPERS 1939 SE Federal Highway, Stuart, Florida 34994 Affidavit of Publica*_ion Scripps Treasure Coast Newspap JOANN RILEY ST LUCIE COUNTY PROPERTY ACQUI 2300 VIRGINIA AVE FT PIERCE FL 34950 I REFERENCE: 15614579 2656149 NOTICE OF PUB HEARIN STATE OF FLORIDA I COUNTY OF MARTIN, ST. LUCIE and INDIAN RIVER Before the undersigned authority personally appeared and who on oath says that he/she is the Acct Adv Clerk of Scripps Treasure Coast Newspaper which publishes 3 daily newspapers in Martin Cnty:~ The Stuart News; St Lucie Cnty: St Lucie News Tribune: and Indian River Cnty: The Indian ~ River Press Journal; Affiant further states that these newspapers are published daily, with offices and paid circulation in said counties, ands distributed in said counties for one year preceding the first publication of the attached copy of advertisement; and affiant further states ~ 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(s). These newspapers have been entered as second class matter at the post office of Martin, St. Lucie and Indian River counties and have been for a period of one year preceding the first publication of the attached copy of advertisement. ~ ZLZSHED ON: 01/19 AD SPACE: 20.000 INCH FILED ON: 02/08/12 Sword subscribed before me this day of Fl,p, ~ O(~, by GLdI who is Sari1 rn C.. red .PQ personally known to me or [ ] who has^p_roduced as identification. ~'(~ I, S Notary: " ~~ My Commission Expires: I ~~w~r~, s . LAG ~ ..',, MARIE '~ J1AY C0+4!Nlf~' yION # EE118915 • .~~ '~ EXF'rtZES August 04.2015 140 3Y&0! S& P1o~y~.ootn o The Stuart News o The St Lucie News Tribune o The Indian River Press Journal o The Jupiter Courier NewsWeekly 1~~~-~R~~~C- . ~e;brulry 7, 2012 TO WHOM IT~MAY CONCERN: You :will take notice that in accordance with ahe .:provisions of Sections 177101, 336A9 and 3.36.:10, .:Florida Statutes,. as amended, and the.._:S:t...Lucie County Land 'Development Code, Section 11:10:01 `- et. eq., a public "hearing will be .held by the 8t. Lucie County Board of County Commissioners, in' the County Commission Chambers, :3rd floor of rthe Roger Poitras' -Administration Annex, 2300 Uirgi•nia Avenue, Fort Pierce, Florida; on ;February 7, 2012 ,at 6.00 °P.M. or as soon thereafter as:pcacticable, on'the "petition-of B. Ruth DeVos, to close, .vacate and abandon that portion of a 10-foot -and:.a ~6-foot ~1ra.i,n,age%ufilit~r easements-hereinafter described, ,and renounce and t~isclaim any.;right .of;:St..Lucie County and rthe,;public.: in and to the lands lying uvithin that°.portion of said. :drainage/uti`lity~in St. Lucie County,'Florida;<:being more parficula~rly described as follows: A PARCEL OF. LAND LY;,ING A BEING'IN,A •P.C+.RTI:OJ~I ' ~.F :SECTfON 28, TOWNSHIP 3JSOUTH'R•7~-N~C:E • ~L0- `:EAST' .S.T. `L'UC.IE .~CO.UNTY, ';FLORIDA BE'lNG. DESCR}BAD AS:FOLLOWING: THE NORTHERLY 10 FEET OF LOTS 35,:36, 37.:an.d 38, ;BLOCK~43,:J31VER I~ARK,.UN1T .5, AS RECORDED +IN PLAT BOOK 11, PAGE 31, OFTHE PUBLICS°RE•C:ORD:S DFST. LUCIE COUNTY, FLORJDA AND A PARCEL OF LAND LYING A`BEING IN A PORTION ~JF:SECTION 28, TOWNSHIP:..36 SOUTH, ;#ANGE, ~0 EAST, ST. LUCIE COUNTY, FLORIDA BEING ~ESCRIEED AS FOLLOV1IlNG: - THE EASTERLY 6 FEET OF LOT 35, BLOCK 43'RIVER .aF'~4RK UNIT 5; AS RECORDED iN PLAT .BOOK 71, PAGE 31, OF THE :PUBLIC RECORDS OF ST. LUCIE ~- COUNTY, FLORIDA All interested parties-may .appear and'beheard at.tfae tirnQ .and place above _specified. Written comments received in advance of the public hearing will`- also be -considered. Anyone :with a disability regvir~ing accommodation to attend this meeting- should contact `the St. Lucie County Community Seruices "IVlanager at .;(:561) 462-1777 or TDD (561) 462-1428 at :least .forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ CHRISTOPHER DZADOVSKY, CHAIRMAN PUBLISH DATE: January-19,.2012 ~_.~_ ~~~ 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared Sherri Cipriani, who on oath says that she is Inside Classified Sales Manager of the St Lucie News-Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement was published in the St Lucie News- Tribune in the following issues below. Affiant further says that the said St Lucie News-Tribune is a TCPALM.COM CLASSIFIED newspaper published at Fort Pierce in said St. Lucie County, Florida and that the said newspaper has ~ .~ ~ ~ ,, i 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 Non -, eancE ~ , +IancEK ~''I advertisement; and affiant further says that she has neither paid nor promised any person, firm or ~ ExHIBIT L i sECFIDN 2B, ,uWN- corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for NOTICE OF INTENT TO ABANDON publication in the said newspaper. The St Lucie News-Tribune has been entered as Periodical matter at the Post Office in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding T ONGE NM IT MA the first aublication of the attached coov of advertisement- Pub Ad # Customer Name Dates Co line PO # 2328568 AUTOZONE, INC. 10/26/2011 NOTICE EXHIBT L 11/2/2011 You will take notice Mat in ccord an ce with the provisions of Sections 177.01, ea emended, 336.09 and 336.10, Florida Statutsc, as amend- ed, and St. Lucie County Land Daval- opmsnt Code, Sec- don 11.10.61 sL seq., AutoZona imands to file a petition re- questin0 that St. Lu- cie County Board of GounN Commiasion- <fa Close, VBCe Ie, and abandon that portion of a public utility and die ina0e ssesmsnt hereinah- er described, end re- ncunoe end disclaim any ri0ht of St. Lucie County and the pub- lic in and Io the lands IYinp within that portion of said public utility and tlreinaBe a ant in St. Lucien Ceun[y, Florida, described as follows: A PARCEL OF LAND LVING AND BEING IN A PORTION OF Swain to and subscrib afore me this 13th day of DECEMBER, 2011, by r u ~ ,~, who is Sherri Cipriani [ X ]personally known to me or [ ]who has produced '~ ~r ~ t Michael Merone Notary Public ~av p < 4~ .r1~`~ MICff~Eh`MERC-NE ~'~ Notary PuDtic -State of Fbrida _~ r My Comm. Expires May 20, 2014 a~<a,ati,•` Commission #~ DD 994177 SCRIPPS TREASURE COAST NEWSPAPERS St. Lucie News-Tribune as identification SHIP 36 SOUTH, CONTAINING 32601 RANGE 40 EAST, ST. S O U A R E F E E Ti LUCIE COUNTY, MORE OR LESS. FLORIDA BEING DE- SCRIBED AS FOL- AUTOZONE ~ LOWS: ATTN: WADE DAVIS I P.O. BOX 2198 THE EA STERLV 6MEMPHIS, TX 38103- FEET OF LOT 35, 2107 BLOCK 43, "RIVER PARK -UNIT FIVE',Puhliah: October 26, AS RECORDED IN November 2, 2011 PLAT BOOK 11,12320568 PAGE 31, OF THE PUBLIC RECORDS OF ST. LUCIE COUN- :. TY, FLORIDA. :ONTAINING 900 50 UARE FEET MORE OR LESS. PARCEL OF LAND LVING AND BEING IN A PORTION OF SECTION 28, TOWN- SHIP 36 SOUTH, RANGE 40 EAST, ST, LUCIE COUNTY, FLORIDA BEING DE- SCRIBED AS FOL- LOWS. 'HE NORTHERLY 10 FEET OF LOTS 35, 36, 37 AND 38, RLOCK 43, 'RIVER PARK -UNIT FIVE', A6 RECORDED IN PLAT BOOK 11, PAGE 31, OF THE PUBLIC RECORDS OF ST. LUCIE 000N- TY, FLORIDA NEWSPAPER E-Sheet LEGAL NOTICE ATTACHED ......................... 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