HomeMy WebLinkAbout19-007This instrument prepared by:
Janet LiCausi, under the direction of
Daniel S. McIntyre, County Attorney
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4558146 04/24/2019 04:41:19 PM
OR BOOK 4260 PAGE 530 - 534 Doc Type: RESO
RECORDING- $44.00
RESOLUTION NO. 2019-7
DATE: April 2, 2019
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF A 25' RIGHT-OF-WAY
KNOWN AS POINSETTA AVENUE IN TROPICS SUBDIVISION RECORDED IN PLAT BOOK 6,
PAGE 21 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 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 plats 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 6, Page 21, known as Tropics Subdivision, St. Lucie County and the
general public have a dedicated interest in the following described land:
Being all of Poinsetta Avenue, being 25 feet in width, as shown on the Plat of the
Tropics, as recorded in Plat Book 6, Page 21, Public Records of St. Lucie County,
Florida, less the South 329.60 feet thereof.
3. A Notice of Intent to Abandon was advertised on August 24, 2018 and August 31, 2018
and objections were received.
4. On November 13, 2018, the Board of County Commissioners approved Permission to
Advertise a Public Hearing.
5. On December 19, 2018, property owners within 500 feet were notified.
6. On December 21, 2018, a Notice of Public Hearing was advertised in the St. Lucie News
Tribune.
7. A Public Hearing was held on January 8, 2019 and continued to a date certain of April 2,
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8. A review of Section 11.10.02, St. Lucie County Land Development Code states any petition
for abandonment of rights -of -way shall be signed by all owners of abutting property.
9. Fort Pierce Utilities Authority and AT&T/Bell South have provided written consent to the
abandonment. Florida Power & Light has stated they are willing to consent to the
abandonment if the property owners grant an Easement to Florida Power & Light. If the
Board of County Commissioners recommend approval, the affected property owners will
have thirty (30) days to grant the Easement to Florida Power & Light. If the Easement is
not granted within thirty (30) days, the Board of County Commissioners will rescind
approval of the abandonment.
10. The County Engineer has reviewed the petition and has no objections to the proposed
abandonment area.
11. The Planning & Development Services Director recommends approval if the
abandonment area were reduced from Oak Avenue north to Wildwood Avenue.
12. It is in the best interest of the public to vacate and abandon a portion of Poinsetta Avenue
in Tropic Subdivision more particularly described as follows:
Being all of Poinsetta Avenue, being 25 feet in width, as shown on the Plat of the
Tropics, as recorded in Plat Book 6, Page 21, Public Records of St. Lucie County,
Florida, less the South 659.20 feet thereof.
2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Being all of Poinsetta Avenue, being 25 feet in width, as shown on the Plat of the
Tropics, as recorded in Plat Book 6, Page 21, Public Records of St. Lucie County,
Florida, less the South 659.20 feet thereof.
Is hereby closed, vacated and abandoned.
Commissioner Linda Bartz, Chair AYE
Commissioner Cathy Townsend, Vice -Chair AYE
Commissioner Chris Dzadovsky AYE
Commissioner Frannie Hutchinson AYE
Commissioner Sean Mitchell AYE
PASSED AND DULY ADOPTED this 2"d day of April, 2019.
ATTEST:
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CORRECTNESS:
Treasure Coast Newspapers I TCPALM
St. Lucie News -Tribune
1939 SE Federal Highway, Stuart, FL 34994
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside 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 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 corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication in the said newspaper. The St. Lucie News -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 Cooyline PO #
437762 - ST LUCIE COUNTY ATTORNEY'S OFFICE 2266283 FINAL ABANDONMENT
Pub Dates
April 12, 2019
Sworn to and subscribed before me this day of, April 17, 2019, by
who Is
Natalie Zoll
(X) personally known to me or
( ) who has produced
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11 TCPALM.COM I FRIDAY, APRIL 12, 2019 1 11A
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 2rd day
of April, 2019 the Board of County
Commissioners of St. Lucie County,
Florida, approved the petition,
to close, vacate and abandon a
portion of a right-of-way in Tropics
Subdivision 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 right-of-way in St.
Lucie County, Florida. A portion of
a right-of-way purpose over, under
and across a parcel of land lying in
a portion of Tropics Subdivision as
recorded in Plat Book 6 at Page 21
of the Public Records of St. Lucie
County, Florida. Said right-of-way
being more particularly described as
follows:
Being all of Poinsetta Avenue,
being 25 feet in width, as shown on
the Plat of the Tropics, as recorded in
Plat Book 6, Page 21, Public Records
of St. Lucie County, Florida, less the
South 659.20 feet thereof.
BOARD OF COUNTY
COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Treasure Coast Newspapers I TCPALM
St. Lucie News -Tribune
1939 SE Federal Highway, Stuart, FL 34994
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside 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 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 corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication in the said newspaper. The St. Lucie News -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 Conyline PO #
437762 - ST LUCIE COUNTY ATTORNEY'S OFFICE 2182212 NOTICE OF PUBLIC HEARING
Pub Dates
December 21, 2018
Sworn to and subscribed before me this day of, December 21, 2018, by
who is
Natalie Zoll
(X) personally known to me or
( ) who has produced
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Karol Kangas Notary Public
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as identification.
NOTICE OF PUBLIC
HEARING
January 8, 2019
TO WHOM IT MAY CONCERN:
You w18 take nabca that In ccordance with the
Fr.
o1 Sections 177.101, 33&09 an. 336,10.
Florida Statutes, u ended, end the St. Lucie
County Lend D.velo IF—M Code, Section 11.10.01
el. seq., a public having will to. held by the St.
Lucie County Boerd of County Commissioner. m
the County Commwion Chambers, 3rd floor of tlx
Roger P.— Admn.Y.1 n Anne., 2300 Vrginie
Avenue, Fort Pierce. Ronde, I. Jenuary 8, 2019 at
COD P.M. o on Nereatter " practicable, on
the petition o1 Propedy owners on Po7". Av.nus,
Io close, —.1. and abandon a portion of a publi.
right-of-way hereinafl.r described, end ra
end diael.im ny nght of St. Lucia County end the
putt n end to the lend, lying within the' Portion of
said Wblic nghl-of-way in St. Lucie County, Florida,
being mare particularly described a. follows:
Being all of Poinselta Avarua, being 25 feet in width,
m shown on the Plat ei the Tropice, u r.-,d.d in
Poet Book 6, Peg. 21. Public Records of St Lucie
County, Florid., Lau the South 469A0 Feet thereof.
AA Interested p&ties mey app.e, and be Mvtl
t the time and piece above epecAed. Written
comments received in advance of the public heenng
will also be coruidered. Anyone will, a d'oability
requiring accammotlation to adend this meetng
should contact Me S1. Lucie County Ruk Manager .1
f772- 62-15d6 or T.D.O. a82-1d29, at leant t.rty-
sipht I.t, hours prior to the meeting.
I
I
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOWDA
1.1 UNDA BARTZ, CHAIR i
PUBLISH DATE'. 1) ..mbar 21. 2018 iP
Property Acquisition Division
memorandum
TO: County Attorney
County Engineer
Finance Director
Property Appraiser
Public Works Director
Road & Bridge Manager
Safety/OSHA Specialist
Building & Code Compliance
Lori Bender-GIS
FROM: Janet LiCausi, Property Acquisition Agent
DATE: May 2, 2019
SUBJECT: Resolution 2019-7
Abandoning a portion of Poinsettia Avenue
Attached you will find Resolution 2019-7 recorded in Official Record Book 4260- Pages 530 abandoning a
portion of Poinsettia Avenue recorded in Plat Book 6, Pages 21.