HomeMy WebLinkAbout2007-138name: Lost Tree Village Corporation to City of Vero Beach
purpose: marina
location: Lots 1-4, Block 2, Veromar Subdivision, Plat 1 and
Lots 22-23, Block 1, Veromar Subdivision, Plat 1
32-40-31-00007-0020-00001.0 and
32-40-31-00007-0010-00022.0
RESOLUTION NO. 2007- 138
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN 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
1
F:\Attorney\Nancy\DOCS\RES\Reso cancelling taxes marina property to cobv from losttree.doc
RESOLUTION NO. 2007- 138
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, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that:
1. Any and all liens for taxes delinquent or current against the
following described land, which was acquired for a marina from Lost Tree
Village Corporation by the City of Vero Beach is hereby cancelled pursuant
to the authority of section 196.28, F.S. and in accordance with case law
(Islamorada, Village of Islands v. Higgs, 882 So.2d 1009).
See attached copy of Warranty Deed recorded in
O.R. Book 2186, Page 604, Public Records of
Indian River County, Florida.
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 a copy to each of the City of Vero Beach Finance Director and the
City of Vero Beach Attorney.
The resolution was moved for adoption by Commissioner Davi s
and the motion was seconded by Commissioner Bowden
put to a vote, the vote was as follows:
2
F:\Attorney\Nancy\DOCS\RES\Reso cancelling taxes marina property to cobv from losttree.doc
, and, upon being
RESOLUTION NO. 2007- 138
Gary C. Wheeler, Chairman
Sandra L. Bowden, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Peter D. O'Bryan
Aye
Aye
Ay e
Aye
Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 16th day of October , 2007.
BOARD OF COUNTY-COMMISS.fONERS
INDIAN
RIVER COUNTY, FLORIDA
By c
Gary C,lheeler, Chairman
ATTEST: Jeffre K. Barton, CI rk
By:
Deputy Clerk
Tax Certificates Outstanding
Yes No
Current Prorated Tax Received and �/
Deposited With Tax Collector $15, 1 1137
3
APPROVED AS TO FORM
AND LES SUFFICIENCY
BY
WILLIAM G. COLLINS II
GAVNTY ATTR
F:\Attorney\Nancy\DOCS\RES\Reso cancelling taxes marina property to cobv from losttree.doc
1859551 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2186 PG: 604, 07/19/2007 04:03 PM DOC STAMPS D $32200.00
Ve,c... )8,5o
Prepared by and return to:
RESOLUTION 2007-138
Steve L. Henderson, Attorney at Law
Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered
756 Beachland Boulevard
Vero Beach, FL 32963
772-231-4343
File Number: LTV/COVB
Will Call No.: Box 79
Parcel Identification No. 32-40-31-00007-0010-00001/0 & 32-40-31-00007-0010-00022/0
[Space Above This Line For Recording Data]
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 19th day of July, 2007, between Lost Tree Village Corporation, a Florida
corporation Grantor, whose address is 3399 PGA Boulevard, Suite 260, West Palm Beach, FL 33410, to The City of Vero
Beach, a municipal corporation of the State of Florida whose address is 1053 20th Place, Vero Beach, FL 32960, Grantee,
Witnesseth, that said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following
described land, situate, lying and being in Indian River County Florida, to -wit:
Lots 1, 2, 3, and 4, Block 2, Veromar Subdivision, Plat 1, according to the map or plat thereof as
recorded in Plat Book 1, Page(s) 88, Public Records of Indian River County, Florida, together with
and including 15 feet of part of abandoned road right of way abutting Lot 1, Block 2, as in Ordinance
No. 1364, recorded in O.R. Book 567, Page 1533, Public Records of Indian River County, Florida.
and
Lots 22 and 23, Block 1, Veromar Subdivision, Plat 1, as recorded in Plat Book 1, Page 88, Public
Records of Indian River County, Florida, together with and including 15 feet of part of abandoned
road right of way abutting Lots 22 and 23, Block 1, as in Ordinance No. 1364, recorded in O.R. Book
567, Page 1533, Public Records of Indian River County, Florida. ("Property")
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 said Grantor hereby covenants with the Grantee that Grantor is lawfully seized of said land in fee simple; that
the Grantor has good right and lawful authority to sell and convey said land; that the Grantor does hereby fully warrant the
title to said land, and will defend the same against lawful claims of all persons whomsoever; and that said land is free of all
encumbrances except taxes accruing after December 31, 2006; however, subject to comprehensive land use plans, zoning,
restrictions, prohibitions, and other requirements imposed by governmental authority; restrictions, covenants, and easements
of record, if any, which provisions shall not operate to reimpose the same.
DoubleTimee
BK: 2186 PG: 605
RESOLUTION 2007-138
In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
Witness Name: Zc,-/ej
State of Florida
County of Palm Beach
Lost T
illage Co .oration, a Florida corporation
By. / I, _ /
Laura M. Zerb• Vice President
(Corporate Seal)
The foregoing instrument was sworn to and acknowledged before me this
President of Lost Tree Village Corporation, on behalf of the corporation.
produced a driver's license as identification.
-'
/1 day of July, 2007 bylaura M. Zerbock, Vice
He/she [J is personally known to me or [X] has
Q/1/1 __/
[Notary Seal] Nota
Warranty Deed (Statutory Form) - Page 2
Public
Printed Name:
My Commission Expires: p2 / A-71 £ / 0
---Se4-c_v Sch ueryla pl
DoubleTime®