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HomeMy WebLinkAbout2008-111RESOLUTION NO, 2008- 111 A RESOLUTION BY THE COMMISSIONERS OF INDIAN ACCEPTING THE DEDICATION THE MOORINGS SUBDIVISION, BOARD OF COUNTY RIVER COUNTY, FLORIDA, OF SUBMERGED LANDS IN UNIT 3. WHEREAS, William W. Caldwell, as Trustee, is the owner by Quit -Claim Deed of submerged land that abuts the subdivision known as "Moorings Unit Three" as described in Plat Book 8, Page 63, of the Public Records of Indian River County, Florida (the "Moorings Unit Three Plat") has proposed to deed to Indian River County the submerged land (the "Submerged Land") by Quit -Claim deed, subject to riparian rights and rights of upland owners as more particularly described in the proposed Quit - Claim Deed attached as Exhibit A to this Resolution; and WHEREAS, the Property Appraiser of Indian River County has identified the submerged land with a property identification number and has depicted same on the tax maps of Indian River County all as more particularly described in Exhibit B to this Resolution; and WHEREAS, the dedication of the submerged land is more particularly set forth in the dedication of the Moorings Unit Three Plat, the text of said dedication being attached as Exhibit C to this Resolution; and WHEREAS, a controversy existed as to the potential private rights of development of the Submerged Land which has now been resolved; and WHEREAS, the County Commission deems it to be in the best interest of the County to accept the Quit -Claim Deed subject to the rights of upland owners as more particularly described in Exhibit A; NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The above recitals are incorporated herein. 2. The County Commission accepts title to the Submerged the quit -claim deed which acceptance is without the obligation to preserve the Submerged Land. I Land as proposed in maintain or otherwise RESOLUTION NO, 2008-111 This resolution was moved for adoption by Commissioner Davis , and the motion was seconded by Commissioner Flescher , and upon being put to a vote, the vote was as follows: Chairman Sandra L. Bowden Aje Vice Chairman Wesley S. Davis Aye Commissioner Joseph E. Flescher ._ Commissioner Peter D. O'Bryan Commissioner Gary C. Wheeler —Aye The Chairman thereupon declared the resolution duly passed and adopted this 12th day of August, 2008, Attest: J. K. Barton, Clerk M Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney tj e�*14.i INDIAN RIVER CQ hNTYl L I jDA by its Board of Coity Commis>idnr$ By eAM144 A k tlp L. Wvud&Chairman Prepared by & Return to: William W. Caldwell, Esq. EXHIBIT I I A Collins, Brown, Caldwell, Barkett & Garavaglia, Chtd. 2125 Windward Way Vero Beach, FL 32963 (772) 231-6540 Parcel I.D. #33-40-21-00000-0030-00003/1 QUITCLAIM DEED THIS INDENTURE, made this day of , 2008, between, William W. Caldwell, individually and as Trustee, whose mailing address is 2125 Windward Way, Vero Beach, Florida 32963, Grantor; and Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, Grantee. WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and quit -claimed to the Grantee, and Grantee's assigns forever, the real estate described in Exhibit A attached hereto, said land situate, lying and being in Indian River County, Florida. SUBJECT TO the riparian rights of the abutting upland property owners and the rights of lot owners abutting the property said lots being more particularly described in the Plat of the Moorings Unit Three, Plat Book 8, Page 63, Public Records of Indian River County, Florida. THE GRANTOR warrants to the Grantee that the above-described property is not the Grantor's homestead and that Grantor does not live adjacent or contiguous thereto. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Name: Name: William W. Caldwell, Trustee 2125 Windward Way Vero Beach, FL 32963 APPROVED AS TO FORM A LSU Ft WILLIAM K. DEBRAAL DEPUTY COUNTY ATTOKNEY STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 20087 by William W. Caldwell, Individually and as Trustee, who is personally known to me or has produced as identification. Notary Public, State of Florida at Large. My Commission expires: Caldwell s/tCounty - submerged lands Exhibit "A" to 'Deed A parcel of submerged land in Porpoise Bay in Section 21, Township 33 South, Range 40 East, Indian River County, more particularly described as follows: From the Northeast comer of Government Lot 3 of said Section 21, run South 0008120" East along the East boundary of said Government Lot a distance of 661.20 feet to a point which Is 660.00 feet from the Southeast comer of said Government Lot; thence run West along the North line of the South 660.00 feet of said Government Lot a distance of 871.06 feet to a point where the mean or ordinary high water line of Porpoise Bay which is part of the Indian River intersects the said line which said point Is the point of beginning; thence run South a distance of 160.00 feet; thence run East a distance of 470.16 feet; thence run South 77017140" East a distance of 538.85 feet, thence run South 4056'30" West a distance of 222.37 feet; thence run West parallel with the South fine of said Government Lots 3 and 4 a distance of 648.5 feet; thence run South a distance of 160.00 feet to the intersection of the South One of said Govemment Lot 3 which said point is the ordinary or mean high water line of said Porpoise Bay; thence meander first In an Easterly direction and continuing in a Northerly direction and continuing in a Westerly direction along the ordinary or mean high water line of said Porpoise Bay to the Point of Beginning. Less and except: A parcel of submerged land in Porpoise Bay In Section 21, Township 33 South, Range 40 East, Indian River County, Florida, being a porton of 0. Rs Book 66, page 1 and O.R Book 564, page 1833, of the Public Records of Indian River County, Florida, more particularly described as follows: from the Northeast comer of Government. Lot 3 of said Section 21, run South 00006'06" West along the East One of said Government. Lot 3 a distance of 660.69 feet to a point which is 660.00 feet North of the Southeast comer of said Government. Lot 3; thence North 89046'47" West along the North line of the South 660.00 feet of said Government. Lot 3 a distance of 790.88 feet, more or less, to a point on the mean high water fine of Porpoise Bay which is part of the Indian -River, said point being the point of beginning of the herein described parcel; thence continue North 89046'47" West 80.18 feet to a point which is 871.06 feet from the East One of said Government. Lot 3 as described in said O. R. Book 66, page 1; thence South 00013'13" West 160.00 feet; thence South 89046'47" East 470.16 feet; thence South 7700477" East 425.22 feet to a point, said point bears South 53003'13" West and a distance of 202.05 feet from a point on the Southerly line of O. R Book 5641, page 1831, of the Public Records of Indian River County, Florkla, said point on said Southerly line is also the centerline of an easement described in O.R. Hook 564, page 1834, of said Public Records* thence North 20017'02" West 65.79 feet, more or less, to the mean high water line of Porpoise Bay; thence meander said mean high water line of the following courses, South 69°031008" West 12.80 feet, thence North 75055'41" West 40.52 feet; thence North 73030'17" West 29.63 feet; thence North 76°27'41" West 30.72 feet; thence South 84014'35" West 20.93 feet; thence South 88015'37" West 24.78 feet; thence North 74013'57" West 26.08 feet; thence North 70021'49" West 23.81 feet; thence South 605232" West 24.47 feet; thence North 74°29'01" West 27.10 feet; thence North 87022'53" West 24.76 feet; thence North 75012'20n West 35.20 feet; thence North .66°03'33" West 44.60 feet; thence North 79012'24" West 41.15 feet; thence South 84007'15" West 32.18 feet; thence South 72043'23" West 21.92 feet; thence North 65039'18" West 31.65 feet; thence North 73004'21" West 29.53 feet; thence South 85028'06" West 13.60 feet; thence South 84015'19" West 36.60 feet; thence North 81004'34" West 36.56 feet; thence North 53039'49" West 37.41 feet; thence North 69°13'29" West 62.29 feet; thence North 71050'15" West 112.03 feet to the Point of Beginning. Also less and except any portion of the above described submerged land parcel as conveyed to The Moorings Club, Inc. by Quit Claim Deed recorded in O. R Book 963, page 1600 and re-recorded in O.R. Book 970, page 389 and conveyed to Porpoise Bay Boat Club, Inc. as recorded in O.R. Hook 963, page 1686 and re-recorded in O.R. Book 970, page 387, all of the Public Records of Indian River County, Florida. PORPOISE BAY VILLAS PH II 436 s7 PORPOISE BAY VILLAS PH III 422.60 x '.'. x x % X.�"!!�.r"�+..a PORPOISE BAY VILLAS PH IV -A 4380 . 25359 � 6 k % . , is % . % ' . X % x .. X : % .��•"'�" 223.35 ' ,``a` x.x •'X:: >, 57.78 x >, 42522 xx % x NO x"X_:.x 'X>: .. :. - ' , Xfl % X'a '¢ '.-r< x•'xs:'%' "% rX;':4 •'x 26.7r .. X'.x. ..r, ..r' .. .. . .. .. .. _ 83.30 . X `t x '. Y. X .' X,' ..' '. ',�. '' X '. X . X % '. %:.%:'%'%:.X'.I,..Y.'.Y.Y.:.%.•S.%',Y'.%..%".Y. ' % f % X % X X . X _ %.. X' X'•XX,%..%'. % ',%..X%.% Y. �X,. 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O .%..% X ..,, •.'F'..X ..,X !•H ••jt '•jt ••VK ... ..X .,%' .X '.K '.K •. "� .'y W%C:%'. X '.X '':SL '+X X:X '. X.:.rv.X ', "'JV.Vk It '%'...%.':%.'. .�%' - aY •F•. 'X'. '%'. IV x.:x' z' s'r.z ¢::.., .'X:: r. "'X..%'.'x: x:.x'. x:.x'. u:.a',' r, :.e''x{X: s:.%.. [ , %'%"..X �..% t. ,Y. .: Z''. .t: %' % N..%..%.ry :l. .r.-} ',%VV� .%.� .:%"t. ,% %' f.♦ M'J..:Y%% ^, r, %„'n..% -.x..%'. ..%•.X..'!. %'.%..X'.Y...'l. :".•: Parcel 3340=21-00000-0030=00003.1 0 50 100 200 300 400 Feet Map Date: 7/29/2008 n'nla'. r. x.rx. nx ct1s n tF, %'. X"X'. X'. %'.:4: Y,..'r.' > 'F...K %:.X'. X 4,x:.X'. %:.%'f. •. %..X': %:.%X%' '.:, �.. .0 :•:i','..�•. V,x I. r �'... ".; •... ;''_:u•�u x, ' •; �1 •.vi%..0 '-x [x..:e::e ..a '. :s..x:s: . se'%,', . , ;, . . _ ..0 .'�..�`a 1 ..k .. %' X X: a i('. X..X'. X-'. %.. X'. %'. a .Y.':%,.x X %,.%•. It..%' %.^ ,'.. .\' '>: ':i % 'X 'X e�%'.I%"..%. tOx%Xx ...x \I. Vt; 121.51 'x::x ".'x 12049 "%: MOORINGS UNIT 3 27 246 92 26 VSE in 120 20 19 25 'm 24 N 120 22 23 120 119 VE OR 21 120 .....,...CUTLASS CO 0 120 150 201.73 N 12 11 'sem 13 `'e 14 15 167 7 N �\ 1R Path: U:\Projects\Attorneys\2008_0729_Lea ?s> 72 175,32 90 115 135 ti9 -r2.42 N ' s 28 149 89 120 N NO N D 10 145 154.17 N N 9 � '.X', %:: x', %'• %:.::X:.u: z :'x:: x'. %:.%', a', - W, 240.65 _ _x x:VIM x'. x:.x', .x X: �'x l XA } I VV. X % :,%. R X.'X .%.�l. % Vt .S .'A ,%.'M ' - x % x4.1 1. O .%..% X ..,, •.'F'..X ..,X !•H ••jt '•jt ••VK ... ..X .,%' .X '.K '.K •. "� .'y W%C:%'. X '.X '':SL '+X X:X '. X.:.rv.X ', "'JV.Vk It '%'...%.':%.'. .�%' - aY •F•. 'X'. '%'. IV x.:x' z' s'r.z ¢::.., .'X:: r. "'X..%'.'x: x:.x'. x:.x'. u:.a',' r, :.e''x{X: s:.%.. [ , %'%"..X �..% t. ,Y. .: Z''. .t: %' % N..%..%.ry :l. .r.-} ',%VV� .%.� .:%"t. ,% %' f.♦ M'J..:Y%% ^, r, %„'n..% -.x..%'. ..%•.X..'!. %'.%..X'.Y...'l. :".•: Parcel 3340=21-00000-0030=00003.1 0 50 100 200 300 400 Feet Map Date: 7/29/2008 EXHIBIT C Subject to the riparian rights of the abutting upland property owners and the rights of lot owners abutting the property said lots being more particularly described in the Plat of the Moorings Unit Three, Plat Book 8, Page 63, public records of Indian River County, Florida.