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HomeMy WebLinkAbout2006-078 •Re:9R/Wj-Trail Preserve Tract CRF Panther II, LLC Tax ID#33392600001006000003.0 RESOLUTION NO. 2006- 078 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 2030, Page 2361, 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 land for the trail preserve tract. • 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. Davis , 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 Aye Commissioner Thomas S. Lowther Aye Commissioner Sandra L. Bowden Arg i The Chairman thereupon declared the resolution duly passed and adopted this 6th day of June , 2006. BOARD OF COUNTY OMMISSIONERS ti Attes Barton, Clerk BO By. Arthur R. Ne ger, Cha' m Deputy Clerk 99 Approv %a !o arf INO TAX CERTIFICATES suffici' n OUTSTANDING By ��ari Assistant County Attorney 1761106 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2030 PG:2361, Pagel of 6 C*UINTY tT� 06/10/2006 at 03:21 PM, D DOCTAX PD $0.70 JEFFREY K BARTON,CLERK OF COURT This Instrument Prepared By vKhmmooM Timothy F.Campbell,Esquire Clark, Campbell&Mawhinney,P.A. 500 South Florida Avenue,Suite 800 Lakeland,Florida 33801 WARRANTY DEED AND RESERVATION OF EASEMENT THIS WARRANTY DEED AND RESERVATION OF EASEMENT made this I day of March, 2006, by and between CRF Panther 11, LLC, a Florida limited liability company, whose post office address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 ("Grantor"), and Indian River County, a political subdivision of the State of Florida, whose post office address is 1840 25th Street,Vero Beach, Florida 32960 ("Grantee"): WITNESSETH that Grantor, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other valuable consideration to said Grantor in hand paid by said Grantee,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,conveyed and sold to the said Grantee, and successors and assigns forever, the following described land, situate,lying and being in Indian River County, Florida, to-wit: SEE ATTACHED EXHIBIT "A" (the"Property") This Conveyance is subject to the following: 1. Conditions,restrictions,limitations and easements of record,if any,but this provision h ---� anofoperate-to neiffp5seuids 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2006 and subsequent years. The Grantor does hereby fully warrant the title to the Property, and will defend the same against lawful claims of all persons whomsoever. Notwithstanding the above,the Grantor reserves unto itself,and its successors and assigns, in perpetuity, a non-exclusive easement in, over and under the Property for the benefit of the real property owned by Grantor described in the attached EXHIBIT"B" (the "Adjacent Property") for purposes of stormwater drainage outfall to the natural slough that lies north of the Property. IN WITNESS WHEREOF, Grantor has hereunto set the hand and seal of an authorized representative of Grantor on the day and year first above written. CRF PANTHER II,LLC, a Florida limited Witnesses- liability company By: Anchor Investment-Comorat' n of Fla., Name= ;; ,� ;d'A 6 Wr'(, r; `: In ., its Manager By: ameS/ylq1j�0iU A Lawrence T. w 11, its Pre 'dent STATE OF FLORIDA COUNTY OF POLK The foregoing instrument was acknowledged before me this I day of March,2006,by Lawrence T. Maxwell, President of Anchor Investment Corporation of Fla., a Florida corporation, as the managing member of CRF Panther II,LLC, -who is personally known to me or who has produced as identifica �on and who did not take an oa Dry ANDA R.STEVENS Notary Public, State of Florida Nota Public-State of Florida My Commission Expires Nov 27,2009 Printed name: � Commission#DD 456296,oP Bonded By National Notary Assn. My commission expires: My commission no.: Exhibit "A" SKETCH OF LEGAL RMEWM F ORN (NOT A SURVEY) FMCOWNG INFON w A6L24 � o 83L82 81 80 79 78 77 76 75 74 73 72 71 � ' ::7:0 $ 23 3 I > 1 cARusl WA 22 ly�G _ _TRACT A 50' PRIVATE RIGHT-DF-WAY_ W 21 Y3� 13 12 11 10 9 8 7 6 5 4 3 2 1 20 z 19 14 P.O.B. u TRACT D SOUTHWEST CORNER 18 rs< 15 OF TRACT D SEBASTIAN CROSSINGS PLAT BOOK 19, PAGES 33-37 SEBASTIAN CROSSINGS 97 a PLAT BOOK 19. 7 p I `8 PAGE 33-37 g 16 r--- L1 b- ) Lz _ �pGC��C 3T FELLSMERE BROOKSIDE $P 19•pP �.� HISTCR'CA ISS8 CEMETERY PS$ LANDS DESCRIBED.IN p� r �� ( DEED BOOK 0015, LOT 1 PAGES 0305 PRIVATE (RETAINED) STORMWATER (5.973AC) TRACT INDIAN (1,681 AC) E Of OA OF-WAY ROAD I,a.•�- COUNTY N NSiR j t-CENTRAL RAIL_ UE STORuwATER TRA TRACT Dw04 A OF-WAY (0.881 AC) �- 10 ' PUBLIC RIGA":-: - SUBJECT J d- _„_ — r LOT 4 PROPERTY J —' ADT 2 LOT 3 ,(OUT PARCEL 3) 1 " �,r �„ (OUTPARCEL 2) +- (1.38tAC) 1 OUT-PARCEL 1 (0761AC) edRf1�"�o" (0.61 f AC) (0.801AC) r ~ COUNTY ROAD 512 ;" Pur em PAM 31 r ^' RIGHT-OF-WAY VARIES 1$ 1o1 4 1607 3 r PER F,D.O.T. MAINTENANCE MAP 88040-2507 1 1 r AS RECORDED IN PLAT BOOK 10. PAGE 36 �5 1 1 BASELINE OF BURWY FOR NOTE COUHTY ROAD 512 TO THE SURVEYORS KNOWLEDGE THIS AREA MAY BE UNDER _ -- -. --- - ----------COUN7Y_ROAD-512---------.__. ____..COUNT--ROAD--5,2---------CONTENION-DUE-TO--CMFLLn=-RIGHT-OF-WAY-MMS-AS-.- RIGHT-OF-WAY VARIES RIGHT-OF-WAY VARIES SHOW HEREON AND WAS NEVER FORMERLY ACQUIRED BY THE PER f.D.O.I. MAINTENANCE MAP SBD40-2515 PER F,D.O.T. MAINTENANCE MAP BBD40-2515 FLORIDA DEPARTMENT OF TRANSPORTATION FOR ROAD AS RECORDED IN PLAT BOOK 10, PAGE 37 AS RECORDED IN PLAT BOOK 10, PAGE 37 RIGHT-OF--WAY.THE CLIENT IS ADVISED TO PERFORM PROPER m E.VERIFICATION REGARDINGTHIS MATTER-(HATCHM) DRAWING NO:A06-0012 DRAWING NAME: 03-044_2-.SKS,2 RAIL.DWG ;,, SHEET 1 OF 2 I 7H15 SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE SCALE: 1 =20()' DWN.BY;D.D.G. CHD.B1!J.M.W.: I NT.NO,. ;, 44'2 YISEMON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- N 4�, TIFICATION IS NON-TRANSFERABLE, ANY COPY HEREOF, TO BE CON- IA. •-,1 •� �{"'-, �, SIOERED VALID. MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED O .•.`. SURVEYOR EMPLOYED BY THIS FIRM. c C. r ' ' CERTIFIED TO: CENTURY REALTY FUNDS, INC. EMS RTIFY THAT TH! 5 ETCH AS MADE UNDEq. MY:RE'SPOAIA$f LI&CHARCE A)46"•;.agy my CN TAN S AS SET..F01tf" BY,mem i1 01?)0*-B(3ARD`OFL LA URV O ! TER 61017-6.-FLORIbX.A064WISTRt'DW CODE,O sE 47 0 T RIDA STATUTE'S_^fj.•,, y� y. . WILLIAM MOTT LAND SURVEYING INC. JONATHAN `M. MOTTT_.'��i 40' BAYMEADOWS COMUERCW CENTER , P.L.S: 3716 NORTH WICKHAM ROAD.SURE 3 SIGNING DATE. 02/24/06 FLA. CERT. NO.5060 MELBOURNE. FLORIDe• 32035-2338 PHONE (321) 751-4444 L.Ce-so eum"[cs lAwl SKETCH OF LEGAL RMMM FOR (NOT A SURVEY) RE INN IMMUMM LEGAL DESCRIPTION: TRAIL PRESERVE PARCEL(BY SURVEYOR) Aportion of lands described in O.R.Boots 1624y Page 1870,of the Public Records of Indian River, Florida,being more particularly described as follows: Commence attheSoutheastcomerofTractD,Sebastian Crossings,accordingto the Plat thereof,as recorded in Plat Book 19,Pages 3437,of the said Public Records of Indian River County, Florida, said point being the POINT-OF-BEGINNING, thence South 00'12'10" West along the West Rtghtof--Way line of Sebastian Crossings Boulevard(TractA,a 50 faotwide private Road Right-of-Way,as shown on the Plat ofsald Sebastian Crossings),a distance of20.19 Feet;thence South 82°19'08"West, a distance of 392.77 Feet, thence South 6551'41"West,a distance of 572.63 Feet; thence South 00°08'39"West;a distance of341.19 Feettcthe North Right-of-Way line of County Road 512(as shown on F.D.O.T.Maintenance Map 88040-2507 and in Plat Book 10,Page 36 ofthe said Public Records of Indian River,County);thence North 89042'12"Westalongsaid Rig ht-of-Way line,a distance of 20.00 Feetto a point on the East line of lands described in O.R.Book 0697,Page 0901,ofthesaid Public records of Indian River County;thence North 00°08'39"Eastalong the East line of said O.R. Book 0697,Page 0901,a distance of 354.08 Feetto the Southwest comer of Tract G of said Sebastian Crossings; thence North 65°57'41" East along the South line of said Tract G and the South line of said Tract D, a distance of 588.45 Feet; thence North 82019'08" East along the said South line of Tract D,a distance of 398.41 Feet to the POINT-OF-BEGINNING. Containing 0.61 Acres of land more or less. LINE TABLE UNE MGM SEARING L1 20:19' S 00'12'10" W L2 392.77' S 82'19'08" W L3 72.63' S 65'57'41" W L4 '341.19' S 00'08'39" W _L5 20.00' N 89'42'12"__W _._.._. -__-._ L6 354.08' N 00.08'39°' E L7 588.45' N 65'57'41" E L8 398.41 N 82'19'0 " DRAWING N0:A06-0013 DRAWING NAME: 03-0442—SK—TRAIL.DWG SHEET 2 OF 2 SCALE: 1"=200TDWN.8Y:D.D.G. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE CFiDBYa"J.M.<sEr' T X10.-CD3-0442 PERSON. PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER— �� 71FICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- ZA. - �«Z ,• "'•.. ✓r SIDERED VALID. MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED o ,; SURv 'OR EMPLOYED SY THIS FIRM. C. ,, f'.•R ,w¢'p. / . CERTIFIED TO: F. ti '. .AMY= ie••�:: r i CERTIATt'Ct�i: r';'e1:,M1."it?�s�:""` ~'sy, CENTURY REALTY FUNDS, INC. INLrEtSj%S10NAL. FY THAT THIS WAS AIADp�'3�'£U�NAEW I}Y-1iRE Cl biE-CFA RC£AND PRA SLIR;' R I APTER 61+GL7-FBTP`L0 do� 611NrSTRS.D ODE,P Ec O <7 E FLORI�AFT7ufESjS•�y <;. j.V\ WILLIAM MOTT LAND. SURVEYING INC. jp BAY►AEADOwS COMMERCIAL CENTER 3716 NORTH WICKHAM ROAO.SUITE 3 SIGNING DATE: 02 24 FLA.'ICEI T.''N0.5060 MELBOURNE. FLORIDA. .2935-2338 PHONE (321)751-4444 ueaxn eus"n.300' Exhibit "B" SKETCH 'OF LEGAL ROMUM FM N (NOT A SURVEY) RaORDIM INFORMATION w A6C 24 � 83 82 81 80 79 78 77 76 75 74 73 I ::7:0 _.. S 72 71 23 a I 3 _ CARUSLE WAY 22 TRACT A 50' PRIVATE RIGHT-OF-WAY— r a 21 13• 12 11 10 9 8 7 6 5 4 3 2 f W 20 Di a 1-9 14 g P.O.C. VS SOUTHWEST CORNER SEBASTIAN CROSSINGS 18 a 15 TRACT 0 L1 OF TRACT D r SEBASTIAN CROSSINGS 17 PLAT BOOK 19, PAGES 33-37 PLAT BOOK 19, PAGE 33-37 16 inW� C-4 TRACT G P.O.B. oI � SEBASTIAN CROSSINGS ROOKSIDE oa S PLAT BOOK 19. PAGES 33-37 O LO Irl FELLSMRIC CEMETERY �� HISTORIC CEMETERY w2d �'" SUBJECT PROPERTY � CIRCA 1686 1`1�oa �' co LANDS DESCRIBED IN cq 6.97± ACRES J 1 DEPS SOK 0515. oa�� q a�v:qs� V /I PRIVATE IIVATE Z STR,OaC ! souMillc9t Cdaeas' x" GC*.a>►a► gsVA= >I 125.61' {1.StACNGRESS/EGRESS _j re C t INDIAN II NORMAL WATER EASEMENT THE � C V RIVER l [LEVATQIi. q.5' I WEST 60' OF ' A UE WAY 1111. .1�OF,BANK_-.24,.0_u:Iz , .f THE EAST 766.40' OR S o1.I COUNTY T_Of� STORMWATER PUBLIC Rteµ _ y TRACT 10 _ pW,d 7 (0.882 AG) .WAY UNE L3 1 T- AL RAILROAD I waa uRAIICD IN 0.11A W ODA►ACCO 0952 TRS FLORIDA CENTR I R*PA dMIS0u LOT 2 LOT 3 INGRESS/EGRESS -J LOT a I MAI em 10.►ACrLor 4 113 (OUTPARCEL 1 OUTPARCEL 2 EASEMENT (OUT PARCEL 3) i# THE WEST 60' (0.80sAC) (0.762AC) OF THE EAST 1256' (1.38fAC) 1L6LZAL5 I L.. , coa ar vAvcuwl BASELINE OF SURVEY TOR COUNTY ROAD$12 NOTE: COUNTY 124AD 51 M TME SURVEYOR'S KNOWLEDGE THIS AREA MAY BE UNDER COUNTY ROAD 512 CONTENTION DUE TO CONDUCTING RIGHT-OF-WAY YAPS AS --.----RIGHT-OF-WAY vAR1ES---------------- RIGHT-OF-WAY VARIES _ SHOWN_HEREON_ANDWAS_Nr4M-FORMERLY--WASTHE PER F.D.O.T, MAINTENANCE MAP 88040-2515 PER F.D.O.T. uAINTENANCE MAP 86040-2515 — FLORIDA DEPARTMENT OF TRANSPORTATION FOR ROAD AS RECORDED IN PLAT BOOK 10. PAGE 37 AS RECORDED IN PLAT BOOK 1D, PAGE 37 Of-WAY. THF CLIENT IS ADMSEID TO EERFORM PROPFR TTTLE VOMC'AMON RE'GAR1!NG_THIS MATTER, ATCNED7 DRAWING NO:A05-0185 DRAWING NAME 03-0442-SK-RETAINED PROP SHEET 1 OF 2 SCALE: 1"=200' DWN.B1f:T.B. CHD.BY:J.M.M. CLIENT NO. 203-0442 PERSON PERSo S OR ORGMIRATIONFDENLFIEOR THE DXBELOOW�AND ITS CER E USE OF E �I 11FICATION IS NON-TRANSFERABLE. ANY COPY HEREOF. TO BE CON- A. SIDERED VALD. MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED O SURVEYOR EMPLOYED BY THIS FIRM. C CERTIFIED TO: CERTIFICATION CENTURY REALTY FUNDS, INC. I HEREBY CERTIFY TruT THIS SKETCH wAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE AIINNaUM TECHNICAL. STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS fN CHAPTER 61G1 7-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO S£Cr,ON 472.027 OF THE FLORIDA srnruTES. ��_ WILLIAM MITT LAND SURVEYING INC. JONATHAN M. MOTT, P.L.S. SAYMEADOWS COMMERCIAL CENTER 3716 NORTH WICKHAM ROAD,SURE 3 SIGNING DATE: 11/30/05 FLA. CERT. NO.. MELBOURNE,TLORIOA.32935-2336 - PHONE (321) 751-44th MEW=komsS yam. 1 SKETCH . 01 LEGAL RM1:ITM FM ( N OT A S U R V EY) MCORDING INFORMATION LEGAL DESCRIPTION: RETAINED PARCEL(BY SURVEYOR) A portion of lands described In 0.R. Book 1624, Page 1870, of the Public Records of Indian River, Florida, being more particularly described as.follows: Commence atthe Southeast corner of Tract D,Sebastian Crossings,according to the Plat thereof,as recorded in Plat Book 19, Pages 34-37,of the said Public Records of Indian River County, Florida; thence South 00"12'10"West along the West Right-of- Way line of Sebastian Crossings Boulevard (Tract A, a 50 foot wide private Road Right-of-Way,as shown on the Plat of said Sebastian Crossings),a distance of 20.19 Feet to the POINT-OF-BEGINNING;thence continue South 00°12'10"West along said West Right-of-Way line, a distance of 282.67 Feet to the Southwest corner of said Tract A;thence continue South 00°12'10"West along the West Right-of-Way line of Sebastian Crossings Boulevard(a 50 footwide Public Road Right-of-Way),a distance of 125.61 Feet; thence North 89°39'26"West,a distance of 271.76 Feet;thence South 00°1240"West, a distance of 223.63 Feet to the North Right-of-Way line of County Road 512(as shown on F.D.O.T. Maintenance Map 88040-2507 and in Plat Book 10, Page 36 of the said Public Records of Indian River, County); thence North 89039'26" West along said Right-of-Way tine,a distance of 39.63 Feet;thence North 89042'12" West along said Right-of-Way line,a distance of 178.62 Feet;thence North 00012'10" East, a distance of 223.00 Feet; thence North 89°42'12"West, a distance of 304.56 Feet; thence North 00012'10"East,a distance of 170.90 Feet;thence North 66057'41" East, a distance of 444.72 Feet; thence North 82°19'08" East, a distance of 392.77 Feet to the POINT-OF-BEGINNING. Containing 6.97 Acres of land more or less. LINE TABLE UNE LENGTH BEAF4NG U 20.19' S 00112'10" W L2 408.28' S 0012'10" W L3 271.76' N 89'39'26" W L4 223.63' S 00'12'10" W L5 39.63' S'89'39'26" E L6 178.62' S 89'42'12" E L7 223.00 N 0012'10" E L8 304.56 N '42'12" W L10 444,72' N 55-57-41- L11 1 392.771N 82'19'08" E DRAWING NO:A05-0186 DRAWING NAME: 03-0442—SK—RETAINED PROP SHEET 2 OF 2 SCALE: 1"n 200' OWN.BY:T.B. CHD.BY:J.M.M. CLIENT N0. 203-0442 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON. PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NDN—TRANSFERABLE. ANY COPY HEREOF,TO BE CON- A. SIDERED SURvEYOR EMPLOYE�TBy ImISF1RIA EMBOSSED WITH THE SEAL OF A REGISTERED C. CERTIFIED TO: CERTIFICATION CENTURY REALTY FUNDS, INC. I HER£@Y CERTIFY THAT THIS $KETCH WAS MADE UNDER MY RESPONSI@LE CHARGE AND MMETS THE MINIMUM TECHNICAL STANDARDS.AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61017-6, FLOPJOA ADA WISrRATIV£ CODE, PuasuANY TD SECTION <7?.027 OF THE FLORIDA =ATLITES. MA& WILLIAM MOTT LAND SURVEYING INC. JONATHAN M. MOTT, P.L.S. eAYUEAOOWS COMMERCIAL CENTER 3716 NORTH WICKHAM ROAD, SUITE 3 SIGNING DATE: 11/30/05 FLA. CERT. N0.5060 uEL@OURNE. FLORIDA, 32935-2330 PHONE (321) 751-4444 U[E10EO Ousw[ss tea►' !L; �/' I 00000 CC) 1000 00003.0 I �pC I 40.00 AC I I �V. OT 1 1 I 00000 1000 00001.0 I I300.17 AC I %3,26 1692A1 I I 7 1 I I 00000 1000 - 00000 00002.1 1000 00002.0 40.00 AC 55.97 AC C E M E T E R Y 00000 eeevwx wrex nous ecxaa 7000 00002.0 IIAS AC RAI�O� (i18Ap ,� -_---_ 6000„_,,,..+.,«.='.""` 6.08 AC 00000 000100 _0-6006---22I8S-Y1'CENT RR IpBAN00NED)--____ a 2.1 a �e 0000 / ROMAR SUB o-0it 00001.1 '-� FELLSMERE ROAD 95TH STREET CR 512 / C� LSMERE ROAD 95TH STREET _ O X 2915 ' 0 bkCtiI O i 4�� I o ' o 'o 00000 ' o 6000 00002.0 O NI O I 149.11 AC UI O O 1 (2� 3 P � i I I I I 215b6 AC ' I F�r/oA/ 31s-38e 3 i 'roverty Annrai.aar'c nftirA