HomeMy WebLinkAbout2006-149Re: R/W — 82nd Street and U.S. Highway 1
IHP Investment Fund III (Bristol Bay)
Tax ID #31393300000100000028.0
RESOLUTION NO. 2006- 149
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 properties described in the Warranty
Deeds recorded in OR Book 2067, Pages 1151 and 1155, attached hereto as composite Exhibit "A"
and incorporated herein in their entireties by this reference, are hereby canceled.
• The properties set forth on Exhibit "A" were recently acquired by Indian River County to attain the
ultimate right-of-way for 82"d Street and U.S. Highway 1.
• 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 Davis , and the motion was
seconded by Commissioner Bowden , 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 /dye
Commissioner Sandra L. Bowden Aye
The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of
BOARD OF COUNTY +MMISSIONERS
Or tnher , 2006.
Attest: J. K. Barton, Clerk
By:
Deputy Clerk
B
Arthur R.-Neuber
NO TAX CERTIFICATES
OUTSTANDING
1776295 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2067 PG: 1151, 08/14/2006 12:04 PM DOC STAMPS D $0.70
R/W Dedication — 82n° Street - Bristol Bay
Tax ID #31-39-33-00000-1000-00028.0
Instrument prepared by and should be
returned to County Attorney's Office
1840 25r6 Street, Vero Beach. FL
SPECIAL WARRANTY DEED
THIS INDENTURE, made this 84 --day of August, 2006, between IHP INVESTMENT
FUND 111, L.P., a California limited partnership, 19800 MacArthur Blvd., Suite 700, Irvine,
CA 92612, 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, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S
heirs 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
except for (i) general and special taxes or assessments for the year 2006 and subsequent
years, which are not yet due and payable; (ii) applicable zoning ordinances, codes, rules and
regulations as the same affect the land; and (iii) encumbrances, restrictions, reservations,
easements and limitations of record.
GRANTOR will warrant the title to the land and defend the same against the lawful claims and
demands of all persons claiming by, through, or under GRANTOR.
WITNESSES (as to both): IHP INVESTMENT FUND III, L.P., a
California limited partnership
otclab JhYi'1J.yl7'
Print Name: }7.P 11 e,orn YIf'
Print Name: c tut�71 ��+l�trhi
By: Institutional Housing Partners III L.P., a
California limited partnership, its General
Partner
By: IHP Capital Partners, a
California corporation, its
General Partner
By: ,/C /!
David R. Blom,
Katherine R. Russell
Vice President
BK: 2067 PG: 1152
STATE OF 7- Th -
COUNTY OF 7) MJJ-s
) ss.
The foregoiw instrument was acknowleslged before me this /1 day of August, 2006, by
DA -c1 t D ►L- 610 /A- as C. ii/re ,,iei/r and 1 [IW i ei,rf(7.C, as
V ' /t -, iv�•f7' , of IHP Capital Partners, a California corporation, General Partner of
Institutional Housing Partners III, L.P., a California limited partnership, General Partner of IHP
Investment Fund III, L.P., a California limited partnership, on behalf of the corporation and
partnerships, who is personally known to me or produced as
identification.
P � :% VIRGINIA W. BEAM&PRYGR
'° MY COMMISSION EXPIRES
September 16, 2008
Notary Public
BK: 2067 PG: 1153
SKETCH OF DESCRIPTION
NOT A FIELD BOUNDARY SURVEY
FOR SKETCH SEE SHEET 2
BRISTOL BAY ADDITIONAL RIGHT OF WAY PARCEL USI -2
A PARCEL OF LAND LYING IN SECTION 33. TOWNSHIP 31 SOUTH. RANGE 39 EAST
INDIAN RIVER COUNTY. FLORIDA. LYING EAST OF THE EAST RIGHT OF WAY LINE
OF U.S. HIGHWAY I AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW:
BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33
AND A POINT ON A LINE THAT IS 53.00 FEET EAST OF. AS MEASURED AT RIGHT
ANGLES TO. THE CENTERLINE OF SAID US HIGHWAY I. SAID POINT ALSO BEING A
POINT ON A CURVE. CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 17241.75
FEET: THENCE NORTH ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 2 DEGREES 46 MINUTES 38 SECONDS. AND A CHORD OF 835.69 FEET
BEARING NORTH 31 DEGREES 06 MINUTES 08 SECONDS WEST. AN ARC DISTANCE
OF 835.77 FEET: THENCE NORTH 32 DEGREES 06 MINUTES 50 SECONDS WEST. A
DISTANCE OF 418.38 FEET TO A POINT ON THE NORTH LINE OF LOT 9. BLOCK 5.
GRAVES ADDITION TO WABASSO, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2. PAGE 41. OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY. FLORIDA: THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS EAST.
ALONG THE NORTH LINE OF SAID LOT 9 AND ALSO LOT 10. A DISTANCE OF 31.86
FEET TO A POINT ON A LINE THAT IS 80.00 FEET EAST OF, AS MEASURED AT
RIGHT ANGLES TO. THE CENTERLINE OF SAID US HIGHWAY I: THENCE SOUTH 32
DEGREES 06 MINUTES 50 SECONDS EAST. ALONG SAID LINE, A DISTANCE OF
401.30 FEET TO THE POINT OF CURVATURE OF A NON -TANGENT CURVE. CONCAVE
TO THE SOUTHWEST. HAVING A RADIUS OF 17268.75 FEET. A CENTRAL ANGLE
OF 2 DEGREES 49 MINUTES 45 SECONDS. AND A CHORD OF 852.61 FEET BEARING
SOUTH 31 DEGREES 04 MINUTES 33 SECONDS EAST: THENCE SOUTHEAST ALONG
THE ARC OF SAID CURVE. A DISTANCE OF 852.69 FEET TO A POINT ON THE
AFOREMENTIONED SOUTH LINE OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33:
THENCE NORTH 89 DEGREES 39 MINUTES 20 SECONDS WEST. ALONG SAID
LINE. A DISTANCE OF 31.18 FEET TO THE POINT OF BEGINNING:
LESS HOWEVER ANY PORTION OF SUNRISE AVENUE WHICH LIES WITHIN THE
DESCRIBED PARCEL AND IS SHOWN ON THE AFOREMENTIONED PLAT OF GRAVES
ADDITION TO WABASSO.
LINE
L I
L 2
BEARING
N 89°56'20'E
N 89°39'20'W
DISTANCE
31.86'
31.18'
CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING
C I 2°46'38- 17241.75' 835.77' 417.97' 835.69' N 31°06'08-W
C 2 2°49'45- 17268.75' 852.69' 426.43' 852.61' S 31°04'33-E
SHEET I OF 2
•DATE OF SURVEY: 6-15-06
THIS SURVEY 15 NO:T'V'AL1D WITHOUT THE SIGNATURE
AND ORIGINAL RAI'(:Q':..SEAL OF THE FLORIDA LICENSED
SURVEYOR d MAPP.E',NAMED.,BELOW.
•SURVEYOR•AND MAPPER IN RESPONSIBLE CHARGE
DAVID M. JONES. FLORIDA LICEN.SE..NUMBER LS 3909
(SIGD AND SEALED).
DAVID M. JONES
PROFESSIONAL SURVEYOR 6 MAPPER
3899 39TH SOUARE
(772)567-9875 VERO BEACH . FL 32960
03-312 GAZEBO ACCESS EASEMENT.G>
BK: 2067 PG: 1154
LI
N LINE OF LOTS 9 AND 10. BLOCK 5
,,,,/"..--GRAVES ADDITION TO WABASSO
SUNRISE AVENUE (PLAT)
46TH AVENUE (POSTED)
35- RIGHT OF WAY
NOT INCLUDED
I" - 100'
SURVEYOR'S NOTES:
e
I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET
iso AND DECIMAL PARTS THEREOF.
2. BEARING BASE - THE SOUTH LINE OF OF THE
NW 1/4 OF THE SE 1/4 OF THE NE 1/4 BEARS
An S 89°39.20"E AND ALL OTHER BEARINGS ARE
RELATIVE THERETO.
o.
LINE THAT IS 80.00 FEET
EAST OF THE CENTERLINE
OF US HIGHWAY 1
LINE THAT IS 53.00 FEET
EAST OF THE CENTERLINE
OF US HIGHWAY I
LEGEND
POB - POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
ORB - OFFICIAL RECORD BOOK
c
SHEET 2 OF 2
POB
INTERSECTION OF THE S LINE OF THE
NW 1/4 OF THE SE 1/4 OF THE NE 1/4
AND A LINE THAT IS 53.00 FEET EAST
OF THE CENTERLINE OF US HIGHWAY I
5 LINE OF THE NW 1/4 OF THE SE 1/4 OF THE NE 1/4
SKETCH OF DESCRIPTION
NOT A FIELD BOUNDARY SURVEY
FOR DESCRIPTION SEE SHEET I
L2
DAVID M. JONES
PROFESSIONAL SURVEYOR 6 MAPPER
3899 39TH SOUARE
(772)567-9875 VERO BEACH . FL 32960
03-312 GAZEBO ACCESS EASEMENT.GXD
1776296 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2067 PG: 1155, 08/14/2006 12:04 PM DOC STAMPS D $0.70
RNV Dedication (Parcel US -1-2) Bristol Bay
Tax ID #31-39-33-00000-1000-00028.0
Instrument prepared by and should be
returned to County Attorney's Office
1840 25i° Street, Vero Beach. FL
SPECIAL WARRANTY DEED
THIS INDENTURE, made this //4- day of August, 2006, between IHP INVESTMENT
FUND III, L.P., a California limited partnership, 19800 MacArthur Blvd., Suite 700, Irvine,
CA 92612, 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, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S
heirs and assigns forever, the following described land situate, lying, 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
except for (i) general and special taxes or assessments for the year 2006 and subsequent
years, which are not yet due and payable; (ii) applicable zoning ordinances, codes, rules and
regulations as the same affect the land; and (iii) encumbrances, restrictions, reservations,
easements and limitations of record.
GRANTOR will warrant the title to the land and defend the same against the lawful claims and
demands of all persons claiming by, through, or under GRANTOR.
WITNESSES (as to both): IHP INVESTMENT FUND III, L.P., a
California limited partnership
By: Institutional Housing Partners III L.P., a
California limited partnership, its General
Partner
By: IHP Capital Partners, a
California corporation, its
General Partner
By:
By:
David R. Blom;
//1044, ,Q Vice President
/a4=-7
Katherine R. Russell
Vice President
BK: 2067 PG: 1156
STATE OF MIAs
COUNTY OFD} -U/1 -S
) ss.
The foregoing instrument was acknowled ed before me this /1 day of Aaugust, 2006, by
AulA 11a f� as srG Ul cc" t�-zco�-vr and kkr-Iep.i.ke- �-(Lsscra as
yt u Azevho 71i , of IHP Capital Partners, a California corporation, General Partner of
Institutional Housing Partners III, L.P., a California limited partnership, General Partner of IHP
Investment Fund III, L.P., a California limited partnership, on behalf of the corporation and
partnerships, who is personally known to me or produced as
identification.
Notary ublic
v(40(M» 141 eAitla--44/
BK: 2067 PG: 1157
SKETCH OF DESCRIPTION
NOT A FIELD BOUNDARY SURVEY
FOR SKETCH SEE SHEET 2
BRISTOL BAY ADDITIONAL RIGHT OF WAY PARCEL 82ND STREET
A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 31 SOUTH. RANGE 39 EAST
INDIAN RIVER COUNTY, FLORIDA. LYING EAST OF THE EAST RIGHT OF WAY LINE
OF U.S. HIGHWAY I AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW:
COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTHWEST OUARTER
OF THE SOUTHEAST OUARTER OF THE NORTHEAST OUARTER OF SAID SECTION 33
AND A POINT ON A LINE THAT IS 53.00 FEET EAST OF. AS MEASURED AT RIGHT
ANGLES TO. THE CENTERLINE OF SAID US HIGHWAY I: THENCE SOUTH 89 DEGREES
39 MINUTES 20 SECONDS EAST. ALONG SAID SOUTH LINE OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER. A DISTANCE
OF 31.18 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL
OF LAND AND A POINT OF CURVATURE OF A NON -TANGENT CURVE. CONCAVE TO
THE SOUTHWEST. HAVING A RADIUS OF 17268.75 FEET. A CENTRAL ANGLE OF 0
DEGREES 08 MINUTES 03 SECONDS. AND A CHORD OF 40.44 FEET BEARING NORTH
29 DEGREES 43 MINUTES 42 SECONDS WEST: THENCE NORTHWEST ALONG SAID
CURVE. AND ALSO ALONG A LINE THAT IS 80.00 FEET EAST OF. AS MEASURED AT
RIGHT ANGLES TO THE CENTERLINE OF SAID US HIGHWAY I. A DISTANCE OF
40.44 FEET TO A POINT ON A LINE THAT IS 35.00 FEET NORTH OF AS MEASURED
AT RIGHT ANGLES TO. SAID SOUTH LINE OF THE NORTHWEST OUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER: THENCE SOUTH 89 DEGREES
39 MINUTES 20 SECONDS EAST. ALONG SAID LINE. A DISTANCE OF 145.24 FEET
TO A POINT ON THE EAST LINE OF THE NORTHWEST OUARTER OF THE SOUTHEAST
OUARTER OF THE NORTHEAST OUARTER OF SAID SECTION 33: THENCE SOUTH
0 DEGREES 01 MINUTE 27 SECONDS WEST. A DISTANCE OF 35.00 FEET TO A POINT
ON THE AFOREMENTIONED SOUTH LINE OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHEAST OUARTER OF SAID SECTION 33:
THENCE NORTH 89 DEGREES 39 MINUTES 20 SECONDS WEST, ALONG SAID LINE.
A DISTANCE OF 125.17 FEET TO THE POINT OF BEGINNING.
SHEET I OF 2
-DATE OF SURVEY: 6-15-06
THIS SU,l3,VFY ,15 Nbl«3/,AL I D WITHOUT THE SIGNATURE
AND'OlOOTSWISEMSEAL OF THE FLORIDA LICENSED
YO
SURV R':-¢`.MAPP.E•R. NAMED BELOW.
• SURV.EYOR, AND MARP-ER:I,N RESPONSIBLE CHARGE
DAVID,. M. � JONES ,; F. 0I I0A/L.LCENSE NUMBER LS 3909
(SIGNED AND SEALED)
L 2 7 2016
DAVID M. JONES
PROFESSIONAL SURVEYOR 6 MAPPER
3899 39TH SQUARE
1772)567-9875 VERO BEACH . FL 32960
nZ-zl9 c(erTru nC nCcr lawn cTOC T ,v
BK: 2067 PG: 1158
LEGEND
POB - POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
ORB - OFFICIAL RECORD BOOK
I- - 20'
CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING
C I 0°08'03" 17268.75' 40.44' 20.22' 40.44' N 29°43'42-W
LINE
L I
L 2
L 3
BEARING
S 00°20'40-W
S 89°39'20-E
S 00.01'27'W
DISTANCE
30.00'
31.18'
35.00'
REMAINDER OF THE NW 1/4 OF THE SE 1/4 OF THE NE 1/4
S 89°39'20"E 145.24'
c' o
Q
C F
174
L2
LINE THAT IS 80.00 FEET
EAST OF THE CENTERLINE
OF US HIGHWAY I
/POB
N 89°3920"W 125.17'
0
N
J
LINE OF THE NW I/4 OF THE SE I/4 OF THE NE I/4
POC 30' RIGHT OF WAY FOR 82ND STREET
INTERSECTION OF THE S LINE OF THE
NW 1/4 OF THE SE 1/4 OF THE NE 1/4
AND A LINE THAT IS 53.00 FEET EAST
OF THE CENTERLINE OF US HIGHWAY I
SURVEYORS NOTES:
I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL PARTS
THEREOF.
2. BEARING BASE - THE SOUTH LINE OF OF THE NW 1/4 OF THE SE 1/4 OF
THE NE 1/4 BEARS 5 89°39'20-E AND ALL OTHER BEARINGS ARE RELATIVE
THERETO.
SKETCH OF DESCRIPTION
NOT A FIELD BOUNDARY SURVEY
FOR DESCRIPTION SEE SHEET I
SHEET 2 OF 2
DAVID M. JONES
PROFESSIONAL SURVEYOR 6 MAPPER
3899 39TH SOUARE
(7721567-9875 VERO BEACH . FL 32960
03-312 SKETCH OF DESC 82ND STREET.0
ABA SO
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42332
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