HomeMy WebLinkAbout2006-027Re: R/W — Continuation of 43rd Avenue
DiVosta (Waterway Village)
Tax ID #32392100001001000001.0
Tax ID #32392200000300000001.0
Tax ID #32391500000500000004.0
RESOLUTION NO. 2006- 027
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 1993, Page 2221, 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 for the extension of 43`d Avenue north of 49t Street.
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 Rnwd n , 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 Aye
Commissioner Thomas S. Lowther Aye
Commissioner Sandra L. Bowden Aye
The Chairman thereupon declared the resolution duly passed and adopted this 7th day of
March , 2006.
Attest: J. K. Barton, Clerk
By:
Deputy Clerk
BOARD OF COUNTY OMMISSIONERS
B
Arthur R. Ne..er.-r, Chair
NO TAX CERTIFICATES
OUTSTANDING
R/W Dedication — Waterway Village - 43`d Avenue
Tax ID #32-39-21-00001-0010-00001.0
c^' Tax ID #32-39-22-00000-3000-00001.0
Tax ID.#32-39-15-00000-5000-00004.0
• /1 % Instrument prepared by and should be
C/ retumed to the County Attorney's Office
1840 25th Street, Vero Beach, FL 32960
SPECIAL WARRANTY DEED
I !
THIS DEED, made this <3day of �'J:,r , 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, lying, and being in Indian River County, Florida:
1726599
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1993 PG:2221, Pagel of 4
02/10/2006 at 03:32 PM,
D DOCTAX PD $0.70
JEFFREY K BARTON, CLERK OF
COURT
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:
sign:
�
P4IIL&.l {) C
printed name: '� 4 e e4A—
sign: C,
4.ti;'�-✓
Witness
printed name: L,sT. Cc,. 4e a
STATE OF FLORIDA
COUNTY OF PALM BEACH
DIVOSTA HOMES, L.P.,
a Delaware limited partnership
By — DiVosta Homes Holdings, LLC,
a Delaware limited liability company,
its eral Partner f�
By ‘,"5" / G ' /-te.a;..,4•.,
David A. Koon, President
The foregoing instrument was acknowledged before me this 3 day of re ,17'.:0; �j , 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 meror produced
identifieertitrn.
Notary Public:
stamped seal with printed
commission # & expiration date
sign
Mikel D. Greene
Commission #DD250990
;-:'e= Expires: Oct 27, 2007
ods,,,,, Bonded Thru
onding Co., Inc.
as—
ARCADIS LNW
Lawson, Noble & Webb, Inc.
ENGINEERS • PLANNERS SURVEYORS
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 3432 / LB 6674
DESCRIPTION TO ACCOMPANY SKETCH
DESCRIPTION: 80' RIGHT-OF-WAY
A PARCEL OF LAND BEING A PORTION OF THE SOUTH HALF OF THE SOUTH QUARTER OF SECTION 15,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA ALONG WITH A PORTION OF THE
NORTHWEST QUARTER, OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA AND TOGETHER WITH A PORTION OF TRACT 8 ACCORDING TO THE LAST GENERAL PLAT OF LAND
OF INDIAN RIVER FARMS COMPANY 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 BEGING MORE PARTICULLARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 21; THENCE ALONG THE
SOUTH LINE OF THE NORTH HALF OF SAID SECTION 21, SOUTH 89°46'12" EAST, A DISTANCE OF 5385.98 FEET
TO THE SOUTHEAST CORNER ON THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE WITH THE EAST
LINE OF SAID SECTION 21, NORTH 00°14'48"EAST, A DISTANCE OF 119.95 FEET; THENCE DEPARTING SAID
EAST LINE OF SAID SECTION 21; NORTH 89°45'12" WEST, A DISTANCE OF 44.07 FEET TO THE POINT OF
BEGINNING OF THE PURPOSED 80 FOOT RIGHT-OF-WAY.
THENCE NORTH 00°16'35" EAST, A DISTANCE OF 393.15 FEET TO A POINT OF CURVATURE WITH A CURVE
CONCAVE TO THE EAST AND HAVING A RADIUS OF 1590.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THRU A CENTRAL ANGLE OF 55°39'25", AN ARC DISTANCE OF 1544.52 FEET, TO A POINT OF
TANGENCY WITH A LINE; THENCE NORTH 55°56'01" EAST, A DISTANCE OF 69.66 FEET TO A POINT OF
CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 2060.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 12°36'44", AN ARC DISTANCE
OF 453.46 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 43°19'17" EAST, A DISTANCE OF
411.63 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF
2460.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF
06°32'31", AN ARC DISTANCE OF 280.88 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH
36°46'46" EAST, A DISTANCE OF 195.04 FEET; THENCE NORTH 05°57'37" WEST, A DISTANCE OF 54.29 FEET
TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS
OF 975.00 FEET (THE RADIUS POINT OF SAID CURVE BEARS N 41°18'00"E FROM THIS PIONT); THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 09°02'28", AN ARC DISTANCE
OF 153.85 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 79°31'09" WEST, A DISTANCE OF
54.29 FEET; THENCE SOUTH 36°46'46" WEST, A DISTANCE OF 195.04 FEET TO A POINT OF CURVATURE WITH
A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 2540.00 FEET; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 06°32'31", AN ARC DISTANCE OF 290.01 FEET TO
A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 43°19'17" WEST, A DISTANCE OF 411.63 FEET TO A
POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 2140.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 12°36'44", AN ARC
DISTANCE OF 471.07' TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 55°56'01" WEST, A DISTANCE
OF 69.66 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A
RADIUS OF 1510.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE
OF 55°39'25", AN ARC DISTANC OF 1466.81' TO POINT OF TANGENCY WITH A LINE; THENCE SOUTH 00°16'35"
WEST, A DISTANCE OF 393.08 FEET; THENCE SOUTH 44°43'25" EAST, A DISTANCE OF 56.57 FEET THENCE
NORTH 89°43'25" WEST, A DISTANCE OF 159.90 FEET; THENCE NORTH 45°15'12" EASTIY1184TA,NCE OF 56.45
FEET TO THE POINT OF BEGINNING.
CONTAINING 6.312 ACRES MORE OR LESS.
NOTE: THIS IS NOT A SKETCH OF SURVEY, but only o grophic depiction
of the description shown hereon. There has been no field work, viewing of
the subject property or monuments set in connection with the preporotion
of the information shown hereon.
NOTE: Lands shown hereon were not obstrocted for right—of—way
and/or easements of record.
SEE SHEETS 2-3 OF 3 FOR SKETCH
STEVEN J. HYDE,
AND MAPPER, FL
X:\700-799\A774\CAD\A774SDO9.d
° ON 00.1:64,36
DATE OF SIGNATURE
g 12/23'20.05 r147:07 AM EST SHEET 1 OF 3
JOB No. A774
DRAWN: DDB
CHECKED: SJH
DESIGN: ARCADIS
DATE: 12-15-05
ARCAD1S LNW
Lawson, Noble & Webb, Inc.
-ENGINEERS • PLANNERS • SURVEYORS
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 3432 / LB 8874
SCALE: 1"=200'
SKETCH TO ACCOMPANY DESCRIPTION
;� cry4
FTS%
(TOTAL)
R=1590.00'
=55°39'25"
L=1544.52'
iNDIAhi RIVER FARMS GCi.
?LAT SOF LANDS AND
FOR
LAND DRAihiAGE
AND
ROAD RESER'--AT?c::S
PLAT BOO : 2, ?AGE I..V
LEGEND:
R = RADIUS
A = 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
R/W = RIGHT—OF—WAY
TWP = TOWNSHIP
N00° 16'35"E
393.15'
P.O.C.
SW CORNER OF THE
NW 1/4 SECTION 21
20
21
P.O.B.
N45°15'12"E
56.45'
N89°45'12"
44.07
S89°46'12"E
V 5385.98'
(TOTAL)
R=1510.00'
0=55°39'25"
L=1466.81'
S00° 16'35"W
393.08'
S44°43'25"E
56.57'
N89°43'25"W
159.90'
N00° 14'48"E
119.95'
SEE SHEET 1 OF 3 FOR DESCRIPTION
SOUTH LINE OF THE
NORTH 1/2 OF SECTION 21
SHEET 2 OF 3
JOB No. A774
DRAWN: DDB
CHECKED: SJH
DESIGN: ARCADIS
DATE: 12-15-05
ARCADIS LNW
Lawson, Noble & Webb, Inc.
ENGINEERS • PLANNERS • SURVEYORS
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 8432 / LB 6674
SCALE: 1"=200'
SKETCH TO ACCOMPANY DESCRIPTION
r/
11<
j2Sc‘ F 6„
N55°56'01 "E
69.66'
(TOTAL)
R=1590.00'
L=55°39'25"
L=1544.52'
LEGEND:
R = RADIUS
= 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
R/W = RIGHT—OF—WAY
TWP = TOWNSHIP
R=2060.00'
L=12°36'44"
L=453.46'
(TOTAL)
R=1510.00'
L=55°39'25"
L=1466.81'
SEE SHEET 1 OF 3 FOR DESCRIPTION
N43° 19' 17"E
411.63'
S55°56'01"W
69.66'
R=2140.00'
,L= 12°36'44"
L=471.07'
S43°19'17"W
411.63'
N05°57'37"W
54.29'
N36°46'46"E
195.04'
R=2460.00'
0=6°32'31"
L=280:88'
SS,�F
LTJ
R=975.00'
L=9°02'28"
L=153.85'
S79°31'09"W
54.29'
S36°46'46"W
195.04'
R=2540.00'
1L=6°32'31"
L=290.01'
SHEET 3 OF 3
JOB No. A774
DRAWN: DDB
CHECKED: SJH
DESIGN: ARCADIS
DATE: 12-15-05