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HomeMy WebLinkAbout2013-064 40 . A TRUE COPY a3 4 13 CERTIFICATION ON LAST PAGE J , R . SMITH , CLERK Pomiedy Tax Pual ID # 32-39.09.00002-0110.0 01.0 3 hm wnentpnpjbed byllk should he ,+ rrnearm: a o 13 - o 6 radian River CouniyAttotr Ws office W129w smey Pero Bench, FL MW RELEASE. CANCELLATION AND TERMINATION OF TAX DEED THIS RELEASE, CANCELLATION AND TERMINATION OF TAX DEED is made as of this 14th day of March, 2013, between PATIENCE ANDERSON-THOMAS, whose address is 6443 53'd Circle, Vero Beach, FL 32967 ("THOMAS'), INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and JEFFREY R. SMITH, CLERK OF THE CIRCUIT COURT ("CLERK"). WHEREAS, on November 22, 2011 , the CLERK, as grantor on behalf of the COUNTY, executed and recorded a Tax Deed in favor of THOMAS, as grantee, to the following real property: See legal . description in the copy of the Tax Deed, recorded at OR Book 2537, Page 729, Public Records of Indian River County, Florida, attached hereto as Exhibit A ("Property"); and WHEREAS, the parties, being all parties in interest with respect to the Tax Deed, have determined and agree that the Tax Deed was issued as a result of a surveying error which has since been corrected; the PROPERTY was assessed ad valorem taxes solely as a result of the surveying errors and, under these circumstances, the Tax Deed should be released, cancelled and terminated, as set forth herein. NOW, THEREFORE, in consideration of the mutual undertakings and agreements set forth herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows. 1 . Reditab The above recitals veto and correct and are incorporated herein. 2. Release, Cancellation and Termination of Tax D„fed . Based upon die above referenced errors, the parties agree that the Tax Deed, together with any right, title or interest of Thomas arising out of or relating to the Tax Deed, is hereby released, cancelled and terminated, and declared by the parties to be void ab initio. 3 . Circuit Court Final Judgment. This Release, Cancellation and Termination of Tax Deed instrument is executed and recorded by the , parties in connection with the final judgment entered in that certain civil action: Indian River County and Jeffrey R. Smith, Clerk of Court v. Patience Anderson Thomas, in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River - County, Florida, Case No. 312013 CA 000115 ("Final Judgment'j . 40 tR fund of Consideration Paid by Thomas for Tax Deed. In consideration of Thomas' agreement to release, cancel and terminate the Tax Deed, the County shall pay to Thomas the F, (ft1 1 A TRUE COPY • ,t CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK sum of $6,205.07, consisting of the amount paid by Thomas for the Tax Deed, interest on such amount at the statutory rate of 4. 75%, and attorney' s fees. Such amount shall bel paid to Thomas upon (a) execution and recording of this Release, Cancellation and Termination of Tax Deed instrument, and (b) entry and recording of the Final Judgment. Signed in the presence following witnesses: Si Print: Sign: By: Print: f atience Anderson-Thomas STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of . a.ri ;jn�. , 2013 , by Patience Anderson-Thomas. She is personally known to me or has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUnL}C-STATS OF FLORIDA Jessica Mazari 0, ,,,40 Commission # EE692354 (2JA A,o? A A r4 g) eL4' Expires: MAY 10, 2015 ' ted name:R6nMVAnA1MCWNDlNGCQ, MC. Commission No:F5 0 of ?35 - Commission Expiration Date: M2&j I 0 i" U )S ATTEST: Jeffrey R. Smith, Clerk of Circuit INDIAN RIVER COUNTY Court and Comptroller `r,nrm uu rrnnrr r,n ,aON V a �MMISSIpN^N Deputy Clerk ?:' '•. °; eph . Flescher, Chairman 4 lard of County Commissioners a '•. ;o�,a BCC approved: March 19 , 2013 °�q NR/' o�� �°aApproved as to form and legal sufficiency. a„ NERC uyo` go4bun nn npn0 By._ f AIiS. Polackwich, Sr., County Attorney Cr 1MftFft0NPA3ftW&a= DWW=a2 STATE OF FLORIDA MMISS/pNS/0i INDIAN RIVER COUNTY a cPd,GOF o,`4 Q J��Lk THIS IS TO CERTIFY THAT THIS IS '• •• • • • �s A TRUE AND CORRECT COPY OF e p • THE ORIGINAL ON FILE IN THIS e v OFFICE . O C Y ITH . CLERK STATE OF FLORIDA s . • ; 0 = BY DaC COUNTY OF INDIAN RIVER :a , . .•N,�� DATE 3 a I The foregoing instrument was acknowledged bed'r� day of , 2413, by Joseph & Flescher, Chairman of the Board of County Commissioners. of Indian River County, a political subdivision of the State of Florida, who is personally known to me or has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA as`;:��•�:�t IAURA E VA8QUEZ * * W E i EE 129140 inted name: S'�� 2 ME" EXPIRES: August 18, 2015 Commission No: 6E '4'orn� Th" seN Commission Expiration Date: j4ijdovVSkJZ ._) Signed in the presence of the following. JEFFREY R. SMITH, CLERK OF CIRCUIT witness 06 wak COURT, INDIAN RIVE COUNTY CSign• t: � � lel jef. S i sign: 4uft 4w LJO0 * 644 ' Print: rtia, i. W r I g H J! STATE OF FLORIDA - COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2013, by Jeffrey R. Smith, Clerk of Circuit Court, Indian River County. He is personally known to me . NOTARY PUBLIC, STATE OF FLORIDA ,a ••. LIWA A CICHEWICZ . , •%t�Y PU6 • ?z°* ;c'; Notary Public Slate lit Florida My Comm Expires Nov , I . 2414 ;��,�•� , 0Ro 0% Bonded Commission # EE 38188 Bonded Through National Notary Assn. naln ' t mmission No: Commission Expiration DateWEVIVEN : it I 11 124014 c +uann�+tau�mwrn r cWA3%PW MChxnye 3 r