The URL can be used to link to this page

Home My WebLink About2007-059name: Village Walk South of Vero Beach, LLC purpose: right-of-way dedication location: (6th Avenue and Indian River Boulevard right-of-way) cut outs from 33-39-13-00000-1000-00005.0 33-39-13-00000-1000-00006.0 33-39-13-00000-1000-00006.1 RESOLUTION NO. 2007- 59 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A RIGHT- OF-WAY DEDICATION AND CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 F:\Attorney\Nancy\DOCS\RES\Reso cancelling taxes village walk so.doc RESOLUTION NO. 2007- 059 to make proper entries upon the records to accomplish such cancellation and to do aII things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD .OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The dedication of right-of-way as described in O.R. Book 2168, at Page 163 of the Public Records of Indian River County, Florida, is hereby accepted; and 2. Any and all liens for taxes delinquent or current against the following described land, which was acquired for right-of-way from Village Walk South of Vero Beach, LLC is hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in O.R. Book 2168, Page 163, Public Records of Indian River County, Florida. 3. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. 2 F:Wttorney\Nancy\DOCS\RES\Reso cancelling taxes village walk so.doc RESOLUTION NO. 2007- 059 The resolution was moved for adoption by Commissioner P.D. O'Bryan, and the motion was seconded by Commissioner 3.E. F1 escher , and, upon being put to a vote, the vote was as follows: Gary C. Wheeler, Chairman Aye Sandra L. Bowden, Vice Chairman Aye Wesley S. Davis Aye Joseph E. Flescher Aye Peter D. O'Bryan Aye The Chairman thereupon declared the resolution duly passed and adopted this 5th day of June , 2007. BOARD OF COUNTY• COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 77au (1 - Gary C. Vheeler, Chairman ATTEST: Jeffrey K. Barton, Clerk By: Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited With Tax Collector $ APPROVED AS TO FORM AND LEGAL SUFFICIENCX BY WILLIAM G. COLLINS U COUNTY ATTORNEY 3 F:Wttorney\Nancy\DOCS\RES\Reso cancelling taxes village walk so.doc Tax Parcel Nos. 33-39-13-00000-1000-00005.0 33-39-13-00000-1000-00006.0 33-39-13-00000-1000-00006.1 This document was prepared by and should be returned to: Indian River County Attorney's Office 1840 25th Street Vero Beach, FL 32960 772-226-1425 1845512 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2168 PG:163, Pagel of 3 05/22/2007 at 03:14 PM, D DOCTAX PD $0.70 JEFFREY K BARTON, CLERK OF COURT THIS INDENTURE, made this /'(Y1 day of ri L , 2007 between VILLAGE WALK SOUTH OF VERO BEACH, LLC, a Florida limited liability company, whose mailing address is 233 W. Park Avenue, Winter Park, Florida 32789, hereinafter called GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, hereinafter called 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 sold to the GRANTEE, and GRANTEE'S assigns forever, the following described land, situate, Tying and being in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed, sealed and delivered in the presence of: signature printed signature: printed na STATE OF FLORIDA COUNTY OF VILLAGE WALK SOUTH OF VERO BEACH, LLC, a Florida limited liabilit - , mpany 4/%1/' i Penne• naging M y The foregoing instrument was acknowledged before me this "1 ' ay of rl L , 2007, by Ray Kennedy, Managing Member of VILLAGE WALK S UTH OF VERO BEACH, LLC, a Florida 1 limited liability company on behalf of said company. He is either personally known to me or has produced T) )4 as identification. SEA 41.49./ 4 Ypi% EJANE EWING MY COMMISSION # DD416879 40FleO EXPIRES: Aug.3,2009 (407) 398.0153 Florida Notary Servlce.com NOTARY PUBLIC sign: e printed nam! 6, sane-fywirt Commission No.: U Commission Expiration: 2 EXHIBIT "A" A 10 -foot strip of land by 454.91 feet running south to north on a bearing of N 00°04'39" E, and lying east of Sixth Avenue and abutting Village Walk South, a subdivision recorded at Plat Book 17, Page 7, Public Records of Indian River County, and lying in Section 13, Township 33 South, Range 39 East. TOGETHER WITH A 25 -foot strip of land by 664.35 feet running south to north on a bearing of N 00°11'01" E, and lying west of Indian River Boulevard and abutting Village Walk South, a subdivision recorded at Plat Book 17, Page 7, Public Records of Indian River County, and lying in Section 13, Township 33 South, Range 39 East. F:\Attorney\Nancy\DOCS\MISC\Village Walk South legal description for row strips.doc This document was prepared by and should be returned to: Indian River County Attorney's Office 1840 25th Street Vero Beach, FL 32960 772-226-1425 PARTIAL RELEASE OF MORTGAGE 1845513 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2168 PG:166, Pagel of 3 05/22/2007 at 03:14 PM, JEFFREY K BARTON, CLERK OF COURT Village Walk South of Vero Beach, LLC, a Florida limited liability company (MORTGAGOR), by Mortgage and Security Agreement and Assignment of Rents, Leases and Profits bearing the 1st day of April, 2002, and recorded in O.R. Book 1480, Page 2106, and O.R. Book 1480, Page 2133, respectively, of the Public Records of Indian River County, Florida, mortgaged unto Benjamin O. Benham (MORTGAGEE), the premises described, to secure the payment of the sum of One Million Two Hundred and No/100 .Dollars with interest as therein mentioned; AND WHEREAS, the said MORTGAGOR has requested the said MORTGAGEE to release the premises hereinafter described, being part of said mortgaged premises, from the lien and operation of said Mortgage; NOW, THEREFORE, KNOW YE, that the said MORTGAGEE, in consideration of the premises and of the sum of ONE DOLLAR to it paid by the said MORTGAGOR at the time of the execution hereof, the receipt whereof is hereby acknowledged, does remise, release, quitclaim, exonerate, and discharge from the lien and operation of said mortgage unto the said MORTGAGOR and its heirs and assigns, all that piece, parcel, or tract of land, being a part of the premises conveyed by said mortgage, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the same with the appurtenances, unto the said MORTGAGOR its heirs and assigns forever, free, exonerated, and discharged of and from the lien of said mortgage, and every part thereof; provided always, nevertheless, that nothing herein contained shall in anywise impair, alter, or diminish the effect, lien, or encumbrance of the aforesaid Mortgage on the remaining part of said mortgaged premises not hereby released therefrom, or any of the 'rights and remedies of the holder thereof. IN WITNESS WHEREOF, the said MORTGAGEE has hereunto set its hand and seal this 9,(\alay of V 1►, t , 2007. Signed, sealed and delivered in the presence of the following witnesses : signature: print name: sign print na e. 1 Benjamin O. Benham STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this may of , 2007 by Benjamin O. Benham who is personally known to me or has prod ced tv/ft as identification. (SEAL): NOTARY PUBLIC sign printed nam Commission o.: 1>P Expiration No.: '5e 2 Y°6°ef, MARCIA L. STOUTAMIRE MY COMMISSION # DD579097 *Z.OF�,O EXPIRES: Sept. 7,2010 (407) 398-0153 Florida Notary Service,com EXHIBIT "A" A 10 -foot strip of land by 454.91 feet running south to north on a bearing of N 00°04'39" E, and lying east of Sixth Avenue and abutting Village Walk South, a subdivision recorded at Plat Book 17, Page 7, Public Records of Indian River County, and lying in Section 13, Township 33 South, Range 39 East. TOGETHER WITH A 25 -foot strip of land by 664.35 feet running south to north on a bearing of N 00°11'01" E, and lying west of Indian River Boulevard and abutting Village Walk South, a subdivision recorded at Plat Book 17, 'Page 7, Public Records of Indian River County, and lying in Section 13, Township 33 South, Range 39 East. F:\Attorney\Nancy\DOCS\MISC\Village Walk South legal description for row strips.doc