HomeMy WebLinkAbout2006-076Re: R/W — Waterway Village
DiVosta Homes — 51st Court
Tax ID #32392100001001000001.0
and #32391600000500000002.0
RESOLUTION NO. 2006- ()76
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, CANCELING 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 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, Florida
Statutes;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
• Pursuant to the authority of Section 196.28, Florida Statutes, any and all liens for taxes, delinquent or
current held or owned by Indian River County, against the property described in the Warranty Deed
recorded in OR Book 2018, Page 2196, attached hereto as Exhibit "A" and incorporated herein in its
entirety by this reference, are hereby canceled.
• The property set forth on Exhibit "A" was recently acquired by Indian River County to attain the
ultimate right-of-way for 51st Court.
• 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 copies to Fixed Assets, Budget, and
the County Attorney's Office.
The resolution was moved for adoption by Commissioner Bowden , and the motion was
seconded by Commissioner Davi s , and, upon being put to a vote, the vote was as follows:
Chairman Arthur R. Neuberger Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Wesley S. Davis /dye
Commissioner Thomas S. Lowther Aye
Commissioner Sandra L. Bowden Aye
The Chairman thereupon declared the resolution duly passed and adopted this 6th day of
June , 2006.
Attest: Barton, Clerk
By:
Deputy Clerk
arian E. Fell
Assistant County Attorney
BOARD OF COUNTY OMMISSIONERS
Arthur R. N:- • ger, C
NO TAX CERTIFICATES
OUTSTANDING
174283g RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2018 PG: 2196, 04/12/2006 08:45 AM DOC STAMPS D $0.70
RM/ Dedication —Waterway Village — 51a1 Court
Tax ID #32-39-21-00001-0010-00001.0
Tax ID #32-39-16-00000-5000-00002.0
Instrument prepared by and should be
retumed to the County Attorney's Office
1840 25`" Street, Vero Beach, FL 32960
SPECIAL WARRANTY DEED
THIS DEED, made this Z R¢4 day of VIA tiff , 2006, between DIVOSTA HOMES, L.P., a
Delaware limited partnership, 100 Bloomfield Hills Parkway, Suite 300, Bloomfield Hills, MI
48304, GRANTOR, and Indian River County, a political subdivision of the State of Florida,
1840 25th Street, Vero Beach, FL 32960,. GRANTEE,
WITNESSETH, that GRANTOR, for and in consideration of the sum of Ten Dollars and other
good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is
hereby acknowledged, conveys to the GRANTEE and GRANTEE'S administrators and 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
AND GRANTOR covenants with GRANTEE that the premises are free from all encumbrances
made by GRANTOR and GRANTOR will warrant and defend against the lawful claims and
demands of all persons claiming by, through, or under GRANTOR but against none other.
Signed in t = • e, ence of:
sign:
V)441n9ss
printed name: Ibit-
si• • . ��� ...A !.A.
IOW 41111
ltness
printed name:JsZcon(\-e.
DIVOSTA HOMES, L.P.,
a Delaware limited partnership
By - DiVosta Homes Holdings, LLC,
a Delaware limited liability company,
its eral Partner
By /*/ /e_...Pos
David A. Koon, President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ---Q-9 day of kkaAC L , 2006,
by David A. Koon, President of DiVosta Homes Holdings, LLC, a Delaware limited liability
company, General Partner of DiVosta Homes, L.P., a Delaware limited partnership, on behalf of
same, and he is personally known to me-er-ffedviced- as-
identification-.
Notary Public:
stamped seal with printed
commission # & expiration date
JEANNETTE R. BINGHAM
MY COMMISSION # DD486832
4a 0. EXPIRES: Jan. 20, 2010
(401) 308.0163 Raids Nobly a.Wa.00rn
EK: 20.18 PG: 2197
ARCADUS
ENGINEERS • P LANNER•S S U R VEYORS
590 NW Peacock Blvd, Suite 9, Port St. Lude, FL 34986
(772) 878-1700 fax: (772)878-1802. Web: www.Inw-Inc.com
West Palm Beach Port St. Lucie Orlando Vero Beach
EB 7917 / LB 7062
DESCRIPTION TO ACCOMPANY SKETCH
DESCRIPTION: 60' RIGHT-OF-WAY
A PARCEL OF LAND BEING A PORTION OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF
OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA,
ALONG WITH A PORTION OF TRACTS 2, 3, 6 AND 7 ACCORDING TO THE INDIAN RIVER
FARMS COMPANY PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD
RESERVATIONS, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA. LYING IN SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 21; THENCE SOUTH 89'46'12" EAST ALONG THE SOUTH LINE OF THE NORTH ONE
HALF OF SAID SECTION 21, A DITANCE OF 2112.72 FEET; THENCE NORTH 0013'48" EAST
DEPARTING SAID SOUTH LINE, A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 45,-13'48" EAST, A DISTANCE OF 35.36 FEET; THENCE NORTH 00,-13'48"
EAST, A DISTANCE OF 431.24 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE
TO THE SOUTHEAST AND HAVING A RADIUS OF 630.00 FEET; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 19,-13'26", AN ARC
DISTANCE OF 211.38 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH
19»27'15" EAST ALONG SAID LINE, A DISTANCE OF 233.37 FEET TO A POINT OF
CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 685.00
FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE
OF 64,-03'27", AN ARC DISTANCE OF 765.84 FEET TO A POINT OF TANGENCY WITH A LINE;
THENCE NORTH 83»30'42" EAST ALONG SAID LINE, A DISTANCE OF 60.00 FEET TO A POINT
OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF
845.00 FEET;
EXHIBIT
PAGE 1 OF S PAGES
CERTIFICATION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF
DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS,
CHAPTER 61017-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION
472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS
DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT
VALID.
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJOCT
PROPERTY, OR MONUMENTS SET IN CONNECTION WITH TI -E
PREPARATION OF THE INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN. HEREON WERE NOT ABSTRACTED FDF
RESTRICTIONS, RIGHTS—OF—WAY AND EASEMENTS OF RECOR).
STEVEN J. HYDE, P.S.M. DATE OF SIGNATURE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 6436
SEE SHEETS 3, 4 AND 5 OF 5 FOR SKEXCddo-799\A774\cAD\A774Sniadw0 3/2/2006 12.4115 PM EST
JOB No. A774
DRAWN: JDM
CHECKED: SJH
DWG # A774SD12
SHEET 1 OF 5
DATE: 3-1-06
BK: 2&18 PG: 2198
ARCADUS
ENGIN EER S • P LAN NER•S S UR VEYORS
590 NW Peacock Blvd, Suite 9, Port St. Lude, FL34986
(772) 878-1700 fax: (772) 878-1802• Web: www.Inw-inc.com
West Palm Beach Port St. Lucie Orlando Vero Beach
EB 7917 / LB 7062
DESCRIPTION TO ACCOMPANY SKETCH
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF
6334'44", AN ARC DISTANCE OF 937.66 FEET TO THE POINT OF TANGENCY WITH A LINE;
THENCE NORTH 19''55'58" EAST ALONG SAID LINE, A DISTANCE OF 21.05 FEET TO A POINT
OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1520.00
FEET; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID
CURVE, THRU A CENTRAL ANGLE OF 35»15'10", AN ARC DISTANCE OF 935.22 FEET TO A
POINT OF TANGENCY WITH A LINE; THENCE NORTH 15»19'12" WEST ALONG SAID LINE, A
DISTANCE OF 55.44 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 1536.00 FEET; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15»31'45", AN ARC DISTANCE OF
416.31 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 00»12'33" EAST
ALONG SAID LINE, A DISTANCE OF 252.53 FEET; THENCE NORTH 44»47'27" WEST, A
DISTANCE OF 56.57 FEET; THENCE SOUTH 89»47'27" EAST, A DISTANCE OF 164.00 FEET;
THENCE SOUTH 45»12'33" WEST, A DISTANCE OF 56.57 FEET; THENCE SOUTH 00»12'33"
WEST, A DISTANCE OF 250.50 FEET; THENCE SOUTH 13»04'07" WEST, A DISTANCE OF
50.50 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 1464.00 FEET (THE RADIUS POINT OF SAID CURVE
BEARS NORTH 88'21'41" EAST FROM THIS POINT); THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE, THRU A CENTRAL ANGLE OF 9»32'12", AN ARC DISTANCE OF 243.67 FEET
TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 11»10'30" EAST ALONG SAID LINE,
A DISTANCE OF 276.18 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE
WEST AND HAVING A RADIUS OF 1580.00 FEET; THENCE SOUTHEASTERLY, SOUTHERLY AND
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 31»06'28",
AN ARC DISTANCE OF 857.83 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH
19»55'58" WEST ALONG SAID LINE, A DISTANCE OF 21.05 FEET TO A POINT OF CURVATURE
WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 905.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE. THRU A CENTRAL ANGLE OF
63»34'44", AN ARC DISTANCE OF 1004.24 FEET TO THE POINT OF TANGENCY WITH A LINE;
THENCE SOUTH 83»30'42" WEST ALONG SAID LINE, A DISTANCE OF 60.00 FEET TO A POINT
OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF
625.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL
ANGLE OF 64»03'27", AN ARC DISTANCE OF 698.76 FEET TO A POINT OF TANGENCY WITH
A LINE; THENCE SOUTH 19»27'15" WEST ALONG SAID LINE, A DISTANCE OF 233.37 FEET TO
A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A
RADIUS OF 570.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU
A CENTRAL ANGLE OF 19»13'26", AN ARC DISTANCE OF 191.25 FEET TO A POINT OF
TANGENCY WITH A LINE; THENCE SOUTH 00»13'48" WEST ALONG SAID LINE, A DISTANCE OF
431.24 FEET; THENCE SOUTH 44»46'12" EAST, A DISTANCE OF 35.36 FEET; THENCE NORTH
89»46'12" WEST, A DISTANCE OF 110.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 6.377 ACRES, MORE OR LESS.
SEE SHEETS 3, 4 AND 5 OF 5 FOR SKETCH SHEET 2 OF
JOB No. A774
DRAWN: JDM
CHECKED:SJH
DWG # A774SD12
DATE: 3-1-06
BK: 2G18 PG: 2199
ARCAD1S
ENGINEERS • P LANNER•S S URVEYORS
590 NW Peacock Blvd, Sulte 9, Port St. Luce, FL 34986
(772) 878-1700 fax: (772) 878-1802. Web: www.Inw-Inc.com
West Palm Beach Port St. Lucie Orlando Vero Beach
EB 7917 / LB 7062
SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY!
TRACT 3
SECTION 21, TWP. 32 S., RGE 39 E.
IND AN -RIVER FARMS CO.
PLATPLCF LANDS AND
AN FOR
LAND DRAINAGE
AND
ROAD RESERVATIONS
PLAT BOOK 2, PAGE 25.
(TOTAL)
R=685.00`
0=64°03'27"
L=765.84'
ECN
\
FUTURE ISLES OF WATERWAY VILLAGE
PHASE 1
TRACT 6
SECTION 21, TWP. 32 S., RGE 3%,
INDIAN RIVER FARMS CO.
PLAT OF LANDS AND
PLAN FOR
LAND DRAINAGE
AND
ROAD RESERVATIONS
PLAT BOO( 2, PAGE 25
�RwgY y
1'0.04.0)
�'acF A
t'p
N19°27'15"E
233.37'
R=630.00'
0=19°13'26"
L=211.38'
INDIAN RIVER COUNTY
18.0 ACRES
O.R.B. 1951, PG. 16100°13'48"E
431.24'
N45°13'48"E
35.36'
SW CORNER OF THE
NW 1/4 SECTION 21
iN,..._ �-N0013'48"E
V2112.72 _
80.0Q
P.O.C.
P.O.B.
(TOTAL)
R=625.00'
=64°03'27"
L=698.76'
TRACT 7
SECTION 21, TWD. 32 S., RGE 39
19°27'15"W
233.37'
R=570.00'
19°13'26"
L=191.25'
S00°13' 48"W
431.24'
S44°46'1 2"E
35.36'
N89°46'12"W
110.00'
\\_SOUTH UNE OF THE
NORTH 1/2 OF SECTION 21
SEE SHEETS 1 AND 2 OF 5 FOR DESCRIPTION
INDIAN RIVER FARMS CO.
PLAT OF LANDS AND
PIAN FOR
LAND DRNNACE
AND
ROAD RESERVATIONS
PLAT BOOK 2. PAGE 25
FUTURE ISLES OF WATERWAY VILLAGE
PHASE 2
LEGEND:
•R =
0 =
L =
C
O.R.B.=
P.O.B.=
P.O.C.=
P.B.
'PG. _
RGE
R/W
TWP
RADIUS
CENTRAL ANGLE
ARC LENGTH
CENTERUNE
OFFICAL RECORDS BOOK
POINT OF BEGNINNING
POINT OF COMMENCMEN
PLAT BOOK
PAGE
RANGE
RIGHT—OF—WAY
TOWNSHIP
SHEET 3 OF 5
JOB No. A774
DRAWN: JDM
CHECKED: SJH
DWG # A774SD12
D ATE: 3-1— 06
BK: 20.18 PG: 2200
gi ARCADJS
ENGINEERS • P L A N N E R•S S URVEYORS
590 NW Peacock Blvd, Suite 9, Port St. Lucie, FL 34986
(772) 878-1700 fax: (772) 878-1802. Web: www.Inw-Inc.com
West Palm Beach Port St. Lucie Orlando Vero Beach
EB 7917 / LB 7062
SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY!
SCALE: 1"=200'
LEGEND
R = RADIUS
0 = CENTRAL ANGLE
L = ARC LENGTH
C = CENTERLINE
O.R.B.= OFFICAL RECORDS BOOK
P.O.B.= POINT OF BEGNINNING
P.O.C.= POINT OF COMMENCMENT
P.B. = PLAT BOOK
PG. = PAGE
RGE = RANGE
RAW = RIGHT—OF—WAY
TWP = TOWNSHIP
TRACT 2
SECTION 21, TWP. 32 S., RGE 39 E.
INDIAN RIVER FARMS CO.
PLAT OF LANDS AND
PLAN FOR
LAND DRAINAGE
AND
ROAD RESERVATIONS
PLAT BOOK 2, PAGE 25
MATCH LINE "C"
(SEE SHEET 4)
(TOTAL)
R=1520.00'
0=35'15'10"
L=935.22=-1_4._
FUTURE ISLES OF WATERWAY VILLAGE
PHASE 1
(TOTAL)
R=685.00'
0=64"03'27"
L=765.84'
N 83'30'42" E
60.00'
N19'55'58"E
21.05'-
R=845.00'
0=63'34'44"
L=937.66'
\583'30'42"W.
60.00'
(TOTAL)
R=625.00'
0=64'03'27"
L=698.76'
SEE SHEETS 1 AND 2 OF 5 FOR DESCRIPTION
=905.00'
0=63'34'44"
L=1004.24'
(TOTAL)
R=1580.00
0=31'06'28"
L=857.83'
S19'55'58"W
21.05'
FUTURE ISLES OF WATERWAY VILLAGE
PHASE 2
TRACT 7
SECTION 21, TWP. 32 S., RGE 39 E.
INDIAN RIVER FARMS CO.
PLAT OF LANDS AND
PLAN FOR
LAND DRAINAGE
AND
ROAD RESERVATIONS
PLAT BOOK 2, PAGE 25
SHEET 4 OF 5
JOB No. A774
DRAWN: JDM
CHECKED: SJH
DWG # A774SD12
DATE: 3-1-06
BK: 2018 PG: 2201
ARCAD1S
ENGINEERS • P LANNER•S S URVEYORS
590 NW Peacock Blvd, Suite 9, Port St. Luce, FL 34986
(772) 878-1700 fax: (772) 878-1802• Web: www.Inw-Inc.com
West Palm Beach Port St. Lucie Orlando Vero Beach
EB 7917 / LB 7062
SCALE: 1"=200'
SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY!
S89'47'27"E
164.00'
FUTURE 53 RD STREET
N 44'47'27"Wzi
56.57'
N00'12'33"E
252.53'L�
FUTURE ISLES OF WATERWAY VILLAGE
PHASE 1
R=1536.00'
0=15'31'45"
L= 416.31 L—T—`
N 15'19'12"W
55.44'
S45'12'33"
56.57'
S00'12' 33"W
J-250.50'
S13'04'07"W
�_--- 50.50'
N88'21 41 E
RADIAL
(TOTAL)
R=1520.00'
0=35'15'10"
L=935.22'
SEE SHEETS 1 AND 2 OF 5 FOR DESCRIPTION
R=1464.00'
b=9'32'12"
L=243.67'
S11'10'30"E
�-276.18'
LEGEND:
R = RADIUS
0 = CENTRAL ANGLE
L = ARC LENGTH
C m CENTERUNE
O.R.B.= OFFICAL RECORDS BOOK
P.O.B.= POINT OF BEGNINNING
P.O.C.= POINT OF COMMENCMENT
P.B. = PLAT BOOK
PG. = PAGE
RGE = RANGE
R/W = RIGHT—OF—WAY
TWP = TOWNSHIP
FUTURE ISLES OF WATERWAY VILLAGE
PHASE 2
S. 1/2 OF S. 1/2
SECTION 16, TWP. 32 S., RGE 39 E.
(TOTAL)
R=1580.00'
0=31'06'28"
L=857.83'
MI
MATCH LINE "D"
(SEE SHEET 3)
TRACT 2
SECTION 21, TWP. 32 S., RGE 39 E.
INDIAN RIVER FARMS CO.
PLAT OF LANDS MD
PLM FOR
LAND DRAINAGE
AND
ROAD RESERVATIONS
PLAT BOOK 2. PAGE 28
SHEET 5 OF 5
JOB No. A774
DRAWN: JDM
CHECKED:SJH
DWG # A774SD12
DATE: 3-1-06