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Home My WebLink About2004-128project: Dodgertown Venture Property Exchange seller name: Dodgertown Venture, LLLP purpose: right-of-way location: 43rd Avenue RESOLUTION NO. 2004- 128 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELING 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 FAattorney\nancy\DOCS\RES\Reso cancelling taxes dodgertownl.doc RESOLUTION NO. 2004- 128 to make proper entries upon the records to accomplish such cancellation and to do all 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. Any and all liens for taxes delinquent or current against the following described lands, which were acquired for road right-of-way purposes from Dodgertown Venture, LLLP, a Delaware limited liability limited partnership are hereby cancelled pursuant to the authority of section 196.28, F. S. See attached Special Warranty Deed recorded in Book 1758, Page 526, Public Records of Indian River County, Florida. 2. 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. The resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner Neuberger , and, upon being put to a vote, the vote was as follows: 2 FAattorney\nancy\DOCS\RES\Reso cancelling taxes dodgertownl.doc RESOLUTION NO. 2004- 128 Caroline D. Ginn, Chairman Aye Arthur R. Neuberger, Vice, Chairman Aye Kenneth R. Macht Aye Fran B. Adams Aye Thomas S. Lowther Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of November, 2004. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Caroline D. Ginn, Ch man Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and //C Ito -Depos.ited,WithTaxCollector $`T b I• 3 F:\attorney\nancy\DOCS\RES\Reso cancelling taxes dodgertownl.doc APPROVED A3 TO ORM AND:L�t�A3�-SLilrftClfiN�'+Y W,ILLIAMA G. COLLIN$' if" COUNTY ATTORNA PREPARED BY: Eric D. Rapkin, Esq. Akerman Senterfitt 350 East Las Olas Boulevard, Suite 1600 Ft. Lauderdale, Florida 33301 Robert C. Reid, Es Bryant, M' nd Olive, P.A. 201 S Monroe Street, Suite 500 1 ss its . iaij�' ,t41"; Property Appraiser's No.: Portion of Tax Parcel No. 26-32-39-00011-0230-00001.1 ?' SPECIAL WARRANTY DEED Q m �� `� """ This SPECIAL WARRANTY DEED made as of this day of � 2004 between ,Yc DODGERTOWN VENTURE, LLLP, a Delaware limited liability limited partnership (the "Grantor"), whose t,�Zo0 :- Zwo address is c/o P & S III, Inc., 1401 Highway. AIA, Vero Beach, Florida 32963, and INDIAN RIVER COUNTY, gi6citi;; FLORIDA, a political subdivision of the State of Florida (the "Grantee"), whose address is _1840 25th Street, Vero `yea.. Beach, Florida 32960. RESERVED FOR USE BY CLERK OF CIRCUIT COURT 1559774 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 1758 PG:526, Pagel of 3 07/13/2004 at 10:28 AM, D DOCTAX PD $525.00 JEFFREY K BARTON, CLERK OF COURT WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and conveyed to the Grantee, and by these presents does hereby grant, bargain, sell, and convey unto Grantee, its successors and assigns forever, that certain real property lying and being in the County of Indian River, State of Florida, as more particularly described in Exhibit "A," attached hereto and made apart hereof (the "Property"). SUBJECT TO taxes and assessments for the year 2004 and subsequent years, all conditions, restrictions, limitations and easements of records, and all zoning and other governmental regulations, without reimposing same. Together with all tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. To have and to hold the same in fee simple forever. And Grantor does hereby fully warrant the title to the Property, subject as aforesaid, and will defend the same against the lawful claims of all persons claiming by, through, or under Grantor. (FT230787;1) The Property is being conveyed to Grantee subject to the following restriction, which shall be a covenant running with the Property, binding on Grantee, its successors and assigns and inuring to the benefit of Grantor, its successors and assigns: The Property is being conveyed to Grantee solely for right-of-way purposes in connection with Grantee installing sidewalks and/or expanding 43rd Avenue. No improvements shall be constructed or installed on the Property in any manner that would adversely affect ingress and egress to and from the Property owned by Grantor adjacent to the Property. IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed as of the day and year first above written. WITNESSES: Print Name:fP 4 ' -At--( /%!e/ STATE OF FLORIDA ) )ss: COUNTY OF INDIAN RIVER) GRANTOR: DODGERTOWN VENTURE, LLLP, a Delaware limited liability limited partnership By: P & S III, r1I ae-.-,-1, Florida corpop#on, its general partner Title: Grantor's address W C/o P&SIII, Inc. 1401 Highway AIA Vero Beach, Florida 32963 The foregoing instrument was acknowledged before me his � day of J(�Y12 , 2004 by j'flh n J' S a �n as V 1� Pr Al den l� of P & S III, Inc., a Florida corporation, on behalf of the corporation, which corporation is the general partner of DODGERTOWN VENTURE, LLLP, a Delaware limited liability limited partnership, on behalf of the limited liability limited partnership. HeAS-he is personally known to me or produced a valid driver's license as identification. My commission expires: 1 1)" ffi %i di LM Notary Public Print name: at'•"•� P1; ;Nancy K MossaA s*; .- MYCOMMISSION# DD179432 EXPIRES March 16, 1007 . b,: . CONDED THRU TROY FAIN INSURANCE INC. (FT230787;1) -2- EXHIBIT "A" LEGAL DESCRIPTION OF RIGHT -OF WAY PARCELS (ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2) RIGHT OF WAY PARCEL 1: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 390 41,59" EAST, A DISTANCE OF 39.13 FEET .TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD AVENUE AND THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3 AND BEING THE POINT OF BEGINNING; THENCE ALONG THE AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF CANAL A3, SOUTH 89° 45' 39" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 45° 07'34" WEST, A DISTANCE OF 35.29 FEET; THENCE SOUTH 000 00' 47" WEST, A DISTANCE OF 832.01 FEET; THENCE NORTH 89° 45' 39" WEST, A DISTANCE OF 25..00 FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF 43RD AVENUE; THENCE, ALONG SAID RIGHT-OF-WAY LINE, NORTH 000 00'47" EAST, A DISTANCE OF 857.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.4990 ACRES, MORE OR LESS. RIGHT OF WAY PARCEL 2: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 390 41'59" EAST, A DISTANCE OF 39.13 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD AVENUE AND THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3; THENCE ALONG THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF 43RD AVENUE, SOUTH 000 00' 47" WEST, A DISTANCE OF 857.01 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89° 45' 39" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 00° 00' 47" WEST, A DISTANCE OF 1227.74 FEET; THENCE SOUTH 69° 22'53" WEST, A DISTANCE OF 26.71 FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF 43RD AVENUE; THENCE ALONG SAID LINE, NORTH 00° 00'47" EAST, A DISTANCE OF 1237.25 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.7074 ACRES, MORE OR LESS. {FT230787;1}