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HomeMy WebLinkAbout2007-153Re: R/W — John Flaig Tax ID #33390900001001000001.0&1.1 RESOLUTION NO. 2007- 153 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 bythe ccounty or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, g tal 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 2210, Page 2072 (the "Deed"), attached hereto and incorporated herein by this reference, are hereby canceled. • The property set forth on the Deed was recently acquired by Indian River County to attain the ultimate right-of-way on 43rd Avenue. • 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 0' Bryan , and the motion was seconded by Commissioner Rnwrien , and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Absent Vice Chairman Sandra L. Bowden Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of November ,2007. Attest: J. K. Barton, Clerk By: Deputy Clerk arian E. Fell Assistant County Attorney BOARD -OF COUNTY COMMISSIONERS et- andra L. Bowden, Vice Chairman NO TAX CERTIFICATES OUTSTANDING ORDS F JFFREY ERK URT INDIAN 178045 EK: 2210HEPG: 20072,C10/11/2007K BARTON, 5711x1 DOC STAMPSTCO D$2275.00 RESOLUTION NO. 2007-153 This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Title Corporation 3850 20th Street, Suite 6 Vero Beach, Florida 32960 ACTC File Number: 27076439 Parcel ID Number: 33-39-09-00001-001040001.0 (as to Parcel 1) and 33-39-09-00001-0010-00001.1 (as to Parcel 2) GENERAL WARRANTY DEED This deed, made as of this ( i day of September, 200'7, by John Flaig (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose post office address is: 1821 27th Street, Vero Beach, FL 32960 (as Grantee); (Wherever used herein, the terms "grantor" and "grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context so admits or requires.) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: The East 10 acres of Tract 1, Section 9, Township 33 South, Range 39 East, INDIAN RIVER FARMS COMPANY SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page(s) 25, of the Public Records of St. Lucie County Florida; said lands now lying and being in Indian River County, Florida. LESS AND EXCEPT the South 1164 feet of the East 10 acres of Tract 1 and LESS AND EXCEPT the Road Right of Ways for 16th Street and 43rd Avenue. ALSO DESCRIBED AS: Parcel 1: The East one-half of the East 10 acres of Tract 1, Section 9, Township 33 South, Range 39 East, INDIAN RIVER FARMS COMPANY SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page(s) 25, of the Public Records of St. Lucie County Florida; said lands now lying and being in Indian River County, Florida. LESS AND EXCEPT the South 1164 feet of the East 10 acres of Tract 1 and LESS AND EXCEPT the Road Rights of Ways for 16th Street and 43rd Avenue. AND: Parcel 2: The West one-half of the East 10 acres of Tract 1, Section 9, Township 33 South, Range 39 ATLANTIC COASTAL TITLE CORPORATION A Full Service, Florida Title Insurance Agency BK: 2210 PG: 2073 RESOLUTION NO. 2007-153 • East, INDIAN RIVER FARMS COMPANY SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page(s) 25, of the Public Records of St. Lucie County Florida; said lands now lying and being in Indian River County, Florida. LESS AND EXCEPT the South 1164 feet of the East 10 acres of Tract 1 and LESS AND EXCEPT the Road Right of Way for 16th Street. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). The grantor herein warrants and avers that grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of grantor's family dependent upon grantor for support. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of. it/lgalizai Cl/Zvrioa l/i Witness 1: elisSct c ?LS Jolaig (Print Name) 814 Lakesh a Drive Topton, NC 28718 Witness CA)c,hnc,44, rr rat, (Print Name) State of North Carolina County of (.1lCCOt'1 The foregoing instrument was acknowledged before me the date hereinafter given, by John Flaig; who was/were either personally known to me; or produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this ca [ day of September, 2007. _ n Tye of identification provided (Check One): pi Driver's License [ ) Passport [ ]Other Notary,Qublic ATLANTIC COASTAL TITLE CORPORATION A Full Service, Florida Title Insurance Agency