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/ ?� L <br /> Attorney's Matters-B.CC 03.19.13 <br /> Office of <br /> INDIAN RIVER COUNTY <br /> ATTORNEY <br /> Alan S.Polackwich,Sr.,County Attorney <br /> William K DeBraal,Deputy County Attorney <br /> Brooke W. Odom,Assistant County Attorney <br /> MEMORANDUM <br /> TO: Board of County Commissioners n <br /> FROM: Alan S. Polackwich, Sr., County Attorne� l: <br /> DATE: March 14, 2013 <br /> SUBJECT: Cobblestone—Cancellation of Tax Deed <br /> BACKGROUND. <br /> As the Board knows from discussions at prior meetings, the original surveyor of the Cobblestone <br /> subdivision made an error which resulted in a separate tax parcel being created between the <br /> Cobblestone subdivision and the 51St Avenue neighborhood to the east. When taxes were not paid on <br /> the parcel, a tax deed sale was held in November 2011, resulting in a tax deed being issued to Patience <br /> Anderson-Thomas. This tax deed created title problems, first for residents of the 51St Avenue <br /> neighborhood, and eventually for residents along the east side of the Cobblestone subdivision. <br /> The surveying error was discovered in 2012, and the Board asked the County Attorney to work with the <br /> residents and title companies to try to resolve the title problems. Eventually, the Cobblestone surveyor <br /> (who had moved out of state) was found, and he recorded an affidavit correcting the error. Based on <br /> the affidavit, the Property Appraiser eliminated the property as a separate tax parcel, and removed it <br /> from the tax rolls. At that point, the County Attorney worked with the attorney for Ms. Anderson- <br /> Thomas, and an agreement was reached that she would cancel the tax deed in exchange for re-payment <br /> of the amount she had paid for the deed ($4,979.30), plus interest at 4.75% ($309.97) and attorney's <br /> fees ($1,000) —which came to a total of$6,289.271 A title insurance company has agreed to reimburse <br /> $2,000 of this amount to the County. <br /> Indian River Co. Approved Date <br /> APPROVED FOR MARCH 19, 2013 Admin 1q//5 <br /> B.C.C. MEETING—ATTORNEY'S MATTERS Co.Atty. 3 t`fi '!-z- <br /> �^ Budget 1§7 14713 <br /> Dept. -- <br /> COUNTYATTORNEY Risk Mgr. --- --- <br /> I Payment of this amount was authorized by the County Administrator <br /> F L4jtmgkLind.IGENER.4L1B CCWgenda Ake kCobbkv-01.d- <br /> 253 <br />