HomeMy WebLinkAbout2006-122 RELEASE OF LIEN a06 (a '
BACKGROUND RECITALS :
A. On August 30 , 2004 , Indian River County, a political subdivision of the State of Florida
(" County") and Indian River Industrial Center, Inc. , a Florida corporation (" Developer") entered into
a Fair Share Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement
("Agreement") that was recorded in O . R. Book 1781 , Page 1699 , of the public records of Indian
River County, Florida ;
B . On January 4 , 2005 , the County and the Developer entered into a First Amendment to Fair
Share Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement (" First
Amendment') that was recorded in O . R. Book 1822 , Page 1763 , of the public records of Indian
River County, Florida ;
C . On May 24 , 2005 , the County and the Developer entered into a Second Amendment to Fair
Share Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement that
expired on August 19 , 2005 (" Second Amendment') ;
D . The Agreement, as amended , provided that the County had a lien on the property
described on the attached Exhibit "A" and depicted on the attached Exhibit "B" ; and
E . The Agreement, the First Amendment, and the Second Amendment expired by their terms ;
the concurrency certificate contemplated in the Agreement expired ; and the Developer did not
apply for a building permit as contemplated in the Agreement, as amended .
NOW , THEREFORE , for the reasons set forth in the Background Recitals , the County
hereby releases the Developer and the property described on Exhibit "A" from the lien of the
Agreement, as amended .
EXECUTED by the Board of County Commissioners of Indian River County, Florida , this
11 thday of Apri 1 2006 .
BOARD OF COUNTY COMMISSIONERS
Attest: J : . Barton , Clerk:- " ` INDIAN RIVER COU Y, FLORIDA
By
Deputy Clerk Arthur R. N uberger, Ch it an
BCC approval April 11 , 2006
Approved for form and legal
sufficiency:
William G . Collins II
County Attorney
Attachments : Exhibit "A" and Exhibit "B"
v
Exhibit "A"
The East 2 .94 acres of Tract 6 and the West 5 .56 acres of Tract 7, all lying and being in Section 28 , Township 32
South , . Range 39 East, according to the last general Plat of lands of the INDIAN RIVER FARMS COMAPNY
SUBDIVISION, recorded in Plat Book 2, page 25, Public Records of St. Lucie County, Florida . Said land now lying
and being In Indian River County, Florida.
LESS AND EXCEPT the North 35 feet of the South 65 feet of the East 2.94 acres of Tract 6, and the North 35
feet of the South 65 feet of the West 5.56 acres of Tract 7; lying and being in said Section 28, as conveyed to
Indian River County by deed dated December 16, 2003 and recorded In Official Records Book 1676 , at Page 170
and in Official Records Book 166761 page 172, Public Records of Indian River County, Florida,
Together with :
All that part of Tract 7 , Section 28 , Township 32 South , Range 39 East, according to the fast general Plat of lands
of the INDIAN RIVER FARMS COMPANY SUBDIVISION, recorded in Plat Book 2, Page 25, Public Records of
St. Lucie County Florida, now lying and being in Indian River County, Florida, lying East of the West 5 , 56 acres of
said Tract 7 and West of the West.right-of-way line of Jaye Lane (a 35 foot wide right-of-way) as shown on the
Plat of Palm Gardens , as recorded in Plat Book 4t page 6, Public Records of Indian River County, Florida (said
Plat described as "Being a subdivision of the East 35. 56 acres of Tract 7 , Section 28 , Township 32 South , Range
39 East, as shown on the Plat of INDIAN RIVER FARMS COMPANY, recorded in Plat Book 2 , page 25, St. Lucie
County, Florida and now situated in Indian River County , Florida" , said parcel being more particularly described
as follows:
Commencing at the Southwest corner of the Tract 7 , Section 28, Township 32 South , Range 39 East, according
to the last general -Plat of lands of the INDIAN RIVER FARMS COMPANY SUBDIVISION , recorded in Plat Book
2 , page 25; Public Records of St. Lucie County, Florida, now lying and being in Indian Rivar County, Florida . Run
North 89"55'06" East along the South line of said Tract 7 a distance of 182 .08 feet to the East line of the West
5.56 acres of said Tract 7 ; thence run North 00005'53" East along said East line a distance of 40.00 feet to the
North right-of-way line of 41st Street (South Gifford Road) and the Point of Beginning; from said Point of
Beginning continue North 00005'53" East along said East line a distance of 1289 .76 feet to the North line of
aforementioned Tract 7 : thence run North 89°52'54" East along said North line a distance of 14. 18 feet to the
West right-of-way line of aforementioned Jaye Lane (a 35 foot Woe right-of-way); thence run South 00° 05'25"
West along said West right-of-way line a distance of 1289. 77 feet to the aforementioned North righ-of-way line of
41st Street; thence run South 89'55106" West along said North right-of-way line a distance of 14.01 feet the Point
of Beginning.
0
r �
r L
aPP
a -
� i ! it I . �:• R � F f 1- I �4 � 'i
31112
e F
r t f f
ec n a
Y p'el ifi 'sego
" ss
I I II I 'i r I •9 � m � e n n
IT
°m
•i'•, / o: R3 L
(UNPAKD
Alf
fro
g
I � I
� I I 1 I � •
...,15 I � 1 `lea Fwd °ti oz
R I I 14
� i II , 9 � � i � i Rl• saazlY #te v
+
• •� 1 L - - - - _ _ _ _ J L — _ — --- - - _ J
�I
E . . ig
� .
43F MREF
.I
(uxPaYEo) -
s ¢ INDIAN RIVER PAVING, GRADING, DRAINAGE MOSBY = ASSOOIATE9. INC. �e w
INDVSTRIAL CENTER
SITE and UTiLT! PLAN
f{; T