HomeMy WebLinkAbout2005-193 Re:RNV—49`"Street&58th Avenue
DiVosta—Waterway Village
Tax ID#32392100001001000001.2
RESOLUTION NO. 2005- 193
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:
1. 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 1951, Page 1891, attached hereto as Exhibit "A" and incorporated herein in its
entirety by this reference, are hereby canceled.
2. The property set forth on Exhibit "A" was recently acquired by Indian River County to attain the
ultimate right-of-way at Kings Highway and Lindsey Road.
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 copies to Fixed Assets, Budget, and
the County Attorney's Office.
The resolution was moved for adoption by Commissioner Neuberger and the motion was
seconded by Commissioner Davis , and, upon being put to a vote,,the vote was as follows:
Chairman Thomas S. Lowther Aye
Vice Chairman Arthur R. Neuberger Aye
Commissioner Wesley S. Davis Aye
Commissioner Gary C. Wheeler Aye.
Commissioner Sandra L. Bowden AVP
The Chairman thereupon declared the resolution duly passed and adopted this 6th day of
December 2005.
BOA1 F COUNTY COMMISSIONERS
Attest:J— B arton, Clerk
By S
BL Thomas S. Lowther,Chairman
Deputy Clerk
Ap rov as to form and le al NO TAX CERTIFICATES
s y OUTSTANDING
ar' n . Fel
Assistant County Atto ey
:/W Dedicakn-Waterway Village
RIVJ-49 Stre t&58th Avenue
Tax ID#_0 `! , 1 ocx)yi Uyio C?UC:Ci J.
r
Instrument prepared by and should be 1698085
returned to the County Attorney's Office THIS DOCUMENT HAS BEEN RECORDED
184025 th Street, Vero Beach, FL 32960 IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1951 PG:1891, Pagel of 4
10/27/2005 at 08:06 AM,
D DOCTAX PD $0.70
JEFFREY K BARTON,CLERK OF
SPECIAL WARRANTY DEED COURT
THIS DEED, made this 17 day of Q C f 4$✓" 2005, 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, 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
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 the presence of: DIVOSTA HOMES, L.P.,
a Delaware limited.partnership
By— DiVosta Homes Holdings, LLC,
sign: a Delaware limited liability company,
Witness its Gener Partner
printed name: �11 �c2 ��
By
avid A. Koon, Vice President
Witness
printed name:--)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this �-1 day of � �1, 2005, by
David A. Koon, Vice 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 or—pfGdu4Ge6 as
identi€ieatiAf=1.
. 7
Notary Public: Si��e ;!47�l
stamped seal with printed
commission#&expiration date
�"0V°°eo-JEANNETTE R. BINGHAM
o� MY COMMISSION#.DD 068955
1�FOFI, EXPIRES:January 2d 20D6
1•8O0-3NOTARY FL Notary Samoa&Bonding,Inca
rV2 ARCADIS LNW
Lawson, Noble' & Webb, Inc.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA
(561) 684-6686 LB6674
LEGAL DESCRIPTION:
A PARCEL OF LAND SITUATE IN A PORTION OF THE SOUTH ONE - HALF OF THE
SOUTH ONE-HALF OF SECTION 16 : TRACTS 4 THROUGH 8 SECTION 21 , AND THE
NORTHWEST ONE-QUARTER OF SECTION 22 , ALL IN TOWNSHIP 32 SOUTH , RANGE
39 WEST , INDIAN RIVER COUNTY , FLORIDA , BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE-QUARTER OF
SAID SECTION ,22 ; THENCE NORTH 00' 28 ' 39" WEST , A DISTANCE OF 60 .01
FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF LINDSEY ROAD (49TH
STREET) SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE , FROM THE POINT OF BEGINNING , ALONG SAID NORTH RIGHT-OF-WAY
LINE NORTH 89' 43 '25" WEST , A DISTANCE OF 2572 .81 FEET ; THENCE NORTH
89' 46 ' 12 WEST , A DISTANCE OF 705 .53 FEET ; THENCE , DEPARTING SAID
NORTH RIGHT-OF- WAY LINE , NORTH 00' 14 ' 14" EAST , A DISTANCE OF 12 . 00
FEET ; THENCE NORTH 89 ' 46 ' 12" WEST , A DISTANCE OF 1800 .00 FEET ;
THENCE SOUTH 00' 14 ' 14" WEST , A DISTANCE OF 12 .00 FEET TO A POINT ON
THE AFOREMENTIONED NORTH RIGHT-OF-WAY LINE OF LINDSEY ROAD; THENCE ,
ALONG SAID NORTH RIGHT -OF- WAY LINE , NORTH 89' 46 ' 12" WEST , A
DISTANCE OF 2840 .50 FEET TO A POINT AT THE INTERSECTION OF THE SAID
NORTH RIGHT-OF-WAY LINE OF LINDSEY ROAD AND THE EAST RIGHT-OF-WAY
LINE OF KINGS HIGHWAY (58TH AVENUE) ; THENCE , ALONG SAID EAST
RIGHT - OF - WAY LINE , NORTH 00' 11 ' 55" EAST , A DISTANCE OF 2598 . 11
FEET ; THENCE NORTH 00' 05 ' 55" EAST , A DISTANCE OF 1195 .54 FEET ;
THENCE , DEPARTING SAID EAST RIGHT-OF-WAY LINE , SOUTH 89' 47' 27" EAST ,
A DISTANCE OF 65 .00 FEET TO A POINT ON A LINE 65 FEET EAST OF AND
PARALLEL WITH THE SAID EAST RIGHT-OF-WAY LINE OF SAID KINGS HIGHWAY ;
THENCE , ALONG SAID PARALLEL LINE , SOUTH 00' 05 ' 55" WEST , A DISTANCE
OF 1195 .35 FEET ; THENCE SOUTH 00' 11 ' 55" WEST , A DISTANCE OF 2538 . 35
FEET ; THENCE SOUTH 44' 45 ' 45" EAST , A DISTANCE OF 56 .53 FEET TO A
POINT ON A LINE 20 FEET NORTH OF AND PARALLEL WITH THE SAID NORTH
RIGHT-OF-WAY LINE OF LINDSEY ROAD; THENCE , ALONG SAID PARALLEL
LINE , SOUTH 89' 46 ' 12" EAST , A DISTANCE OF 5241 .07 FEET ; THENCE SOUTH
89' 43 ' 25" EAST , A DISTANCE OF 2572 . 55 FEET TO A POINT ON THE EAST
LINE OF THE NORTHWEST ONE - QUARTER OF SAID SECTION 22 ; THENCE , ALONG
SAID EAST LINE , SOUTH 00' 28 ' 39" EAST , A DISTANCE OF 20 .00 FEET TO
THE POINT OF BEGINNING .
EXHIBIT
PAGE OF PAGES
CONTINUED ON SHEET 2 OF 3
DATE: 9-28-05 BY: DLS CKD: DLS DWG.: A774SD02 J.JOB NO: A774 SHEET 1 OF 3
ARCADI�S LNW
Lawson, Noble & Webb, Inc.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA
(561) 684-6686 L86674
LEGAL DESCRIPTION CONTINUED:
SAID PARCEL CONTAINING 382 ,861 . 63 SQUARE FEET OR 8 .79 ACRES , MORE OR
LESS .
BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF SAID NORTHWEST
ONE—QUARTER OF SECTION 22 , SAID LINE IS ASSUMED TO BEAR NORTH 89. 43 '
25" WEST .
SUBJECT TO EASEMENTS , RESTRICTIONS AND RIGHTS—OF—WAY OF RECORD .
CERTIFICATION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF
DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS ,
CHAPTER 61G17-6 , 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 OFSURVEY, BUT ONLY A
.:
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
�✓�'7 THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT
PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE
PREPARATION OF THE INFORMATION SHOWN HEREON.
LDATE:
L. SflTit• P S. n NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
ESSIONA1r, SURVEY, R-"A.N,D,:"MAPPER RESTRICTIONS, RIGHTS—OF—WAY AND EASEMENTS OF RECORD.
DA REGIRP„TI(7N :'495.1
28-05 ..... "BY; D S' CKD: DLS .DWG.: A774SDO2 JOB NO: A774 SHEET 2 OF 3
ARCADIS LNW
-Lawson, Noble & Webb, Inc.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA
(561) 684-6686 L86674
SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEYI
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(BASIS OF BEARING)
P.O.C.
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SECTION 22, TWP. 32 S., RGE 39 E.
DATE: 9-28-05 BY: DLS CKD: DLS DWG.: A774SDO2 JOB NO.: A774 SHEET 3 OF 3