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Home My WebLink About23-011This document prepared without the benefit oftitle by Vikki Mitchell, under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 IAICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5155540 02/16/2023 03:52:51 PM DR BOOK 4951 PAGE 730 - 737 Doc Type: RESO RECORDING: $69.50 RESOLUTION NO. 2023-11 DATE: February 7, 2023 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 A 30' STRIP OF RIGHT-OF-WAY AS DESCRIBED IN PLAT BOOK 3, PAGE 23 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 3, Page 23, known as Section 29, Township 35 South, Range 39 East, St. Lucie County and the general public have a dedicated interest in the following described land: A PORTION OF UNIMPROVED STREET (30 FOOT PLATTED RIGHT OF WAY) AS SHOWN IN THE SUBDIVISION ENTITLED "SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST" AS PER PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SITUATED BETWEEN LOTS 14 AND 19 OF SAID PLAT, MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND 30 FEET IN WIDTH, LYING 30 FEET SOUTH AND ABUTTING THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE NORTH 1/4 CORNER OF SAID SECTION 29, THENCE RUN SOUTH 00 DEGREES 05' 16" WEST (BEARING FROM O.R. BOOK 277, PAGE 237) ALONG THE NORTH -SOUTH 1/4 SECTION LINE (WHICH IS ALSO CENTERLINE OF THE RIGHT-OF-WAY FOR NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL #53), A DISTANCE OF 2532.33 FEET; THENCE SOUTH 89 DEGREES 57' 33" WEST A DISTANCE OF 57.50 FEET TO THE WEST LINE OF SAID CANAL #53 RIGHT-OF-WAY; THENCE SOUTH 00 DEGREES 05' 16" WEST A DISTANCE OF 171.05 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 57' 33" WEST ALONG THE CENTERLINE OF A 30 FOOT WIDE ROAD, A DISTANCE OF 566.65 FEET TO THE POINT OF TERMINUS. 3. A Notice of Intent to Abandon was advertised on September 7 and September 14, 2022, and no objections were received. 4. On December 13, 2022, the Board of County Commissioners approved Permission to Advertise a Public Hearing to be held on February 7, 2023 at 6:00 p.m. or as soon thereafter as the item may be heard. 5. On January 20, 2023, property owners within 500 feet were notified and no objections were received. 6. On January 20, 2023, a Notice of Public Hearing was advertised in the St. Lucie News Tribune. 7. All relevant public utilities have consented to the proposed abandonment. 8. County staff has reviewed the petition and have filed no objections to the proposed abandonment. 9. It is in the best interest of the public to vacate and abandon a portion of a 30' strip of right-of-way more particularly described as follows: A PORTION OF UNIMPROVED STREET (30 FOOT PLATTED RIGHT OF WAY) AS SHOWN IN THE SUBDIVISION ENTITLED "SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST" AS PER PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SITUATED BETWEEN LOTS 14 AND 19 OF SAID PLAT, MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND 30 FEET IN WIDTH, LYING 30 FEET SOUTH AND ABUTTING THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE NORTH 1/4 CORNER OF SAID SECTION 29, THENCE RUN SOUTH 00 DEGREES 05' 16" WEST (BEARING FROM O.R. BOOK 277, PAGE 237) ALONG THE NORTH -SOUTH 1/4 SECTION LINE (WHICH IS ALSO CENTERLINE OFTHE RIGHT-OF-WAY FOR NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL #53), A DISTANCE OF 2532.33 FEET; THENCE SOUTH 89 DEGREES 57' 33" WEST A DISTANCE OF 57.50 FEET TO THE WEST LINE OF SAID CANAL #53 RIGHT-OF-WAY; THENCE SOUTH 00 DEGREES 05' 16" WEST A DISTANCE OF 171.05 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 57' 33" WEST ALONG THE CENTERLINE OF A 30 FOOT WIDE ROAD, A DISTANCE OF S66.65 FEET TO THE POINT OF TERMINUS. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A PORTION OF UNIMPROVED STREET (30 FOOT PLATTED RIGHT OF WAY) AS SHOWN IN THE SUBDIVISION ENTITLED "SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST" AS PER PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SITUATED BETWEEN LOTS 14 AND 19 OF SAID PLAT, MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND 30 FEET IN WIDTH, LYING 30 FEET SOUTH AND ABUTTING THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE NORTH 1/4 CORNER OF SAID SECTION 29, THENCE RUN SOUTH 00 DEGREES 05' 16" WEST (BEARING FROM O.R. BOOK 277, PAGE 237) ALONG THE NORTH -SOUTH 1/4 SECTION LINE (WHICH IS ALSO CENTERLINE OF THE RIGHT-OF-WAY FOR NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL #53), A DISTANCE OF 2532.33 FEET; THENCE SOUTH 89 DEGREES 57' 33" WEST A DISTANCE OF 57.50 FEET TO THE WEST LINE OF SAID CANAL #53 RIGHT-OF-WAY; THENCE SOUTH 00 DEGREES 05' 16" WEST A DISTANCE OF 171.05 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 57' 33" WEST ALONG THE CENTERLINE OF A 30 FOOT WIDE ROAD, A DISTANCE OF 566.65 FEET TO THE POINT OF TERMINUS. Is hereby closed, vacated and abandoned. Commissioner Cathy Townsend, Chair AYE Commissioner Linda Bartz, Vice -Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Larry Leet AYE Commissioner Jamie Fowler AYE PASSED AND DULY ADOPTED this 7th day of February, 2023. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CHAIR m �G y \01, rr, Fvo�`APPROVED AS TO FORM AND 32 CORRECTNESS: Ireasure Coast Newspapers PARTOFTHE USATODAYNETWORK St Lucie News Tribune 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION POSTON KATHRYN 3550 S BROCKSMITH RD FORT PIERCE, FL 34945 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk 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. Issue(s) dated before where the dates are noted or by publication on the newspaper's website, if authorized, on 09/0712022, 09/14/2022 r Subscribed and sworn to before on September 14, 2022: Notary, Sta of Wl, County of Brown /--? —Oii My commission expires Publication Cost: $125.40 Ad No: 0005400676 Customer No: 4073531989 PO #: NOTICE OF INTENT TO ABANDON NOTICE OF INTEN TO ABAfR- Do TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provi- sions of Sections 177.101, as amended, 336.09 and 336.10, Florida Statutes• as amended, and St. Lucie County Land De- velopment Code, Section 11.10.01 et seq., William C. Poston and Kathryn W. Post- on, Petitioners, intend to file a petition requesting that the St. Lucie County Board of County Commissioners close, vacate, and abandon that por- tion of a public road Right of Way hereinafter described, and renounce and disclaim any right of St. Lucie County and the public in and to the lands Tying within that por- tion of said public Right of Way in St. Lucie County, Flori- da, described as follows: LEGAL DESCRIPTION That portion of a vacant 30' Right of Way platted as "s- treet has no name" situated within plat 2329-501-0006- 010-9, having the address 3550 S. Brocksmith Rd, Fort Pierce, Florida 34945. Said abandonment to begin at the eastern boundary of said right of way adjacent to Brocksmith Rd. continuing west for 565'(+/-), terminating within the western boundary of plat 2329-501-0006-010-9. PubDates: Sept 7& 14,2022 TCN 5400676 EKATHLEEN ALLEN Notary Public State of Wisconsin # of Affidavits' 1 PAUOFTHE USATOMY NETWORK St. Lucie News -Tribune 1939 SE Federal Highway, Stuart, FL 34994 AFFIDAVIT OF PUBLICATION ST LUCIE COUNTY ATTORNEYS OFC 2300 VIRGINIA AVE FORT PIERCE, FL 34982 ATTN STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk 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. 1/20/2023 Subscribed and sworn to before on the 20th of January 2023 Notary, State of C my of n My commission a pire . Publication Cost: $315.00 Ad No: GC11006358 Customer No: 437762 PO##: PUBLIC NOTICE THIS IS NOT AN INVOICE NANCY HEYRMAN Notary Public State Of Wisconsin NOTICE OF PUBLIC HEARING February 7, 2023 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, 3'" floor of the Roger Poitras Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, on February 7, 2023 at 6:00 P.M. or as soon thereafter as practicable, to close, vacate and abandon a portion of a public right-of-way 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 public right-of-way in St. Lucie County, Florida, being more particularly described as follows: A PORTION OF UNIMPROVED STREET (30 FOOT PLATTED RIGHT OF WAY) AS SHOWN IN THE SUBDIVISION ENTITLED "SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST" AS PER PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SITUATED BETWEEN LOTS 14 AND 19 OF SAID PLAT, MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND 30 FEET IN WIDTH, LYING 30 FEET SOUTH AND ABUTTING THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE NORTH 1/4 CORNER OF SAID SECTION 29, THENCE RUN SOUTH 00 DEGREES 05' 16" WEST (BEARING FROM O.R. BOOK 277, PAGE 237) ALONG THE NORTH -SOUTH 1/4 SECTION LINE (WHICH IS ALSO CENTERLINE OF THE RIGHT-OF-WAY FOR NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL 953), A DISTANCE OF 2532.33 FEET; THENCE SOUTH 89 DEGREES 57' 33" WEST A DISTANCE OF 57.50 FEET TO THE WEST LINE OF SAID CANAL #53 RIGHT-OF-WAY; THENCE SOUTH 00 DEGREES 05' 16" WEST A DISTANCE OF 171.05 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 57' 33" WEST ALONG THE CENTERLINE OF A 30 FOOT WIDE ROAD, A DISTANCE OF 566.65 FEET.TO THE POINT OF TERMINUS. CONTAINING: 16,999 SQUARE FEET, MORE OR LESS. 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. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at (772)462-1546 or T.D.D. 462-1428, at least forty-eight (48). hours prior to the meeting. _i BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ CATHY TOWNSEND, CHAIR PUBLISH DATE: January 20, 2023 TR-GG1:005�58-U1 Trasure Coast NewspaPers PARTOFTHE USA TODAY NETWORK St Lucie News Tribune 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION ST LUCIE COUNTY ATTO RNEYS OFFICE 2300 VIRGINIA AVE FORT PIERCE, FL 34982-5632 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk 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. Issue(s) dated before where the dates are noted or by publication on the newspaper's website, if authorized, on 02/10/2023 Subscribed and sworn to before on February 13, 2023: Notary, State of WI, C my of Brown f - 7- My commission expires Publication Cost: $153.90 Ad No: 0005587089 Customer No: 1313427 PO #: # of Affidavits: 1 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 the St. Lucie County Land Development Code, Section 11.10.01 et. seq., on the 7th day of February, 2023, The Board of County Commis- sioners of St. Lucie County, Florida, approved the petition, to close, vacate and abandon a portion of a public right-of-way 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 public right-of-way in St. Lucie County, Flor- ida, being more particularly described as follows: PORTION WAY) O AS ROVED STREET (30 O N THE SUBDIVISION OT PLATTED RIGHT OFENTITLED "SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST" AS PER PLAT THERE- OF RECORDED IN PLAT BOOK 3, PAGE 23, OF THE PUBLIC RE- CORDS OF ST. LUCIE COUNTY, FLORIDA, SITUATED BETWEEN LOTS 14 AND 19 OF SAID PLAT, MORE PARTICULARLY DESCRI- BED AS A STRIP OF LAND 30 FEET IN WIDTH, LYING 30 FEET SOUTH AND ABUTTING THE FOLLOWING DESCRIBED LINE: COM- MENCE AT THE NORTH 1/4 CORNER OF SAID SECTION 29, THENCE RUN SOUTH 00 DEGREES OS' 16' WEST (BEARING FROM NG THE NORTH -SOUTH 1/4 SEC- TTIIONBLIINOE (WHICH SEA SO CEN237) TERLINE OF THE RIGHT-OF-WAY FOR NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL #53), A DISTANCE OF 2532.33 FEET; THENCE SOUTH 89 DE- GREES 57' 33" WEST A DISTANCE OF 57.50 FEET.TO THE WEST LINE OF SAID CANAL #53 RIGHT-OF-WAY; THENCE SOUTH 00 DEGREES 05' 161 WEST A DISTANCE OF 171.05 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 57' 33' WEST ALONG THE CENTERLINE OF A 30 FOOT WIDE ROAD, A DISTANCE OF 566.65 FEET TO THE POINT OF TERMINUS. CONTAINING: 16,999 SQUARE FEET, MORE OR LESS. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ CATHY TOWNSEND, CHAIR PUBLISH DATE: February 10, 2023 TCN 5587089 [:KA.THLEEN=AFL cEN Notary Slate of Wisconsin