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HomeMy WebLinkAbout2008-039from Sonrise Villas II, LLC to City of Fellsmere for well site 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 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.; RESOLUTION NO. 2008- 039 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands, which were purchased for a well site from Sonrise Villas II, LLC by the City of Fellsmere are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 2157 at Page 2301, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Davis , and the motion was seconded by Commissioner Flescher vote, the vote was as follows: , and, upon being put to a Chairman Sandra L. Bowden Aye Vice Chairman Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye Commissioner Gary C. Wheeler Aye 2 F:Wttorney\Nancy\DOCS\RES\Reso can taxes on fellsmere prop 2007.doc RESOLUTION NO. 2008-039 The Chairman thereupon declared the resolution duly passed and adopted this 8th day of April, 2008♦ ATTEST: Jeffrey K. Barton, Clerk By: &� Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA .L.v s i v✓Ye r \� ra L. Bowden, Chairman __ CURRENT PRORAf ..,- "v*AY N.I. !VEO AND DEPOSITED IVITH TAX COLLECTOR QUA go w sym �Ii► __ COUNTYWILLIAM Go COLLINS It ATTORNEY �J 1; S 3 F:\Attorney\Nancy\DOCS\RES\Reso can taxes on fellsmere prop 2007.doc 1838214 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2157 PG: 2301, 04/25/2007 11:21 AM DOC STAMPS D $0.70 This Instrument Was Prepared By: Patricia K. Green, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 33130 Property Appraiser Grantee's Tax Identification No. Identification No. 3137D004�11fi��lJooO�a WARRANTY DEED (F.S. §689.02) THIS INDENTURE made this ZU day of 0 , 2007 between SONRISE VILLAS II, LLC, a Florida limited liability company, whose post office address is 2950 SW 27' Avenue, Suite 200, Miami, FL 33133 ("Grantor"), and the CITY OF FELLSMERE, FLORIDA, a municipal corporation existing under the laws of the State of Florida, having an address at 21 South Cypress Street, Fellsmere, FL 32948-6714 (the "Grantee"). WITNESSETH: That the said Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, its successors and assigns forever, the following described land for operation of a well field or other proper municipal purposes, to wit: SEE EXHIBIT "A" ATTACHED HERETO SUBJECT TO: 1. All easements, conditions, covenants, restrictions, reservations, limitations and agreements of record, provided that this instrument shall not reimpose same. 2. Real estate taxes for the year 2006 and all subsequent years. 3. Existing applicable governmental building and zoning ordinances and other governmental regulations. TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD the same in fee simple forever, for public right-of-way purposes. BK:, 2157 PG: 2302 And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Signed, sealed and delivered in the presence of SONRISE VILLAS H, LLC, a Florida limited liability company STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) a Florida limited member The foregoing instrument was acknowledged before me this day of , 2007 by Lloyd Boggio, as Manager of TCG Sonrise II, LLC, the managing member of o .e Villas II, LLC, a Florida limited liability company, on behalf of said companies. He ispersonally to me or has produced as identification. Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: Notary Public State of Florida Patrim Green G:\W-PKGU4756\I41Wced-ciryEl.wpd Ef MyCommisont)DW119 Irea0512812011 -2- m -op 2157 PG: 2303 40' ROAD k DITCH RIGHT-OF-WAY L N R/1T UNE DITCH No. 14 41d411np dllcH No.14 Nd/ CORNER TT��ttAA��T 1642 k POINT OF COIAIAENCEAIENT d_I food 589'26 1 E9M STRIMT NORTH LINE OF SOLARISE -� 8 VILLAS PHASE N A SOUTH UNE OF THE NORTH 26' (O,R.B. 1639. PG, 2170, PUBLIC RECORDS, OIDIAN RIVER . COUNTY, FLORIDA) 0 *EST UNE OF �. TRACT 1542 GRAPHIC SCALE TRACTt6N ITRACT1512 0 POINT OF B(QINNING UTILITY EASEMENT EASEIIIENT EAST uNE of LAN DS DESCRIBED IN ZRC� 264 PINACEbRDS Of RIVER COUNTY, FLORIDA In• 69'17'34' E 215.33' z"LI \\ '�N. \ UTILITY EASEUENT R� $^ N NO! W 308.39 TRACT IM Mao TRAM 2 --- 'FELL SITE GRE I l OF FEL RE N 1B 7'1 I 0 V / S 69'27'34• E0 \ SCANAL�IC<T--OF-WAY #2! OF 40'.00' \N 00.29'361 E, 25.0SBS mom1. UNLESS IT BEARS THE SIGNATURE AND THE ORKIINk 4BUSPEE��D� SEAL OF A FLORIDA LICENSED SURyy[vMOR A1D n0 N an 3a\ .25.00NFORMATTHIS K)NN. PURPOSES NGa EONLY ANOTOR R IpT yAUD15 FORPOINT OF BEpNNINGN'E\ 2. LANDS SHO" HEREON MERE NOT ABSTRACTED ORN 00'29'36' E, 1RESEARCHED BY THIS OFFICE FOR R04TS-OF-WAY, y : N 69'3TJ4' �', 15.00 w EASE4ENT�g OF RECORD, RESERVATIONS. O1VOG, IP, :0. REGULATIONS ABANDONMENTS, DEED RESTRICTIONS, ZONING > DESIGNATION, OR SETBACK UNE$ LAND USE PLAN of CITY OF FELLSAIERE '^ THIS SURVEY IS 1401616 DEEDS OR WAPHDELINEATE ACT DEEDS. IS WELL SITE DETAIL *ET SURVEY C LAOT 91TENOED NC RN OR TE c WRISDI TI LOCAL AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL DETER INATION. NOTE: THIS SURVEY CONSISTS OF Z SHEETS AND SHALL NOT BE CONSIDERED VALID UNLESS BOTH 3. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR SHEETS ARE PRESENT AND SHEET I BEARS THE DETERVINE OWNERSHIP. SIGNATURE AND RAISED SEAL OF THE REGISTERED SURVEYOR AND MAPPER, PROJ. 06-6625 4. THIS IS NOT A BOUNDARY SURVEY, THIS IS A DWG / I8254 A SKETCH OF LEGAL DESCRIPTION ONLY, — PREPARED BY — S?I 2 OF 2 5, BEARINGS ARE BASED ON THE NORTH AMERICAN ^ rEry� *. r9�i INC DATUM OF 1963 ADJUSTMENT OF 1990 (NAD 83/90) I CAR77R ,ASSOCIA E& INCIP _ FLORIDA STATE PLANE COORDINATES. EAST ZONE (901), Av FAv mtovsVI BK: i2157, PG: 2304 SONRISE VILLAS PHASE II - CRY OF FELLSMERE WELL SITE WELL SITE DESCRIPTION: PART OF TRACT 1551 OF UNSURVEYED TOWNSHIP 31 SOUTH, RANGE 37 EAST, OF THE FELLSMERE FARMS COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGES 1 AND 2, OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT 1542 RUN SOUTH 00'29'42" WEST ALONG THE WEST LINE OF SAID TRACT 1542 A DISTANCE OF 25.00 FEET TO THE SOUTH LINE OF THE NORTH 25.00 FEET OF TRACTS 1541 AND 1542 AS RECORDED IN OFFICIAL RECORDS BOOK 1639, PAGE 2170 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA THENCE RUN SOUTH 89028'17" FAST ALONG SAID SOUTH LINE A DISTANCE OF 96.57 FEET TO THE EAST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2046, PAGE 264, INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 00'29138" WEST ALONG THE EAST LINE OF SAID DESCRIBED LANDS A DISTANCE OF 696.95 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF A 40.00 WIDE CANAL RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 787, PAGE 1303 AND OFFICIAL RECORDS BOOK 787, PAGE 1307, AND AS VACATED IN OFFICIAL RECORDS BOOK 917, PAGE 2023, INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 89027'34" WEST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 15.00 FEET; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE RUN NORTH 00'2938" EAST A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, RUN NORTH 89'27434" WEST A DISTANCE OF 25,00 FEET; THENCE RUN NORTH 00'29'38' EAST A DISTANCE OF 25.60 FEET; THENCE RUN SOUTH 89627'34" EAST A DISTANCE OF 25.00 FEET; THENCE RUN SOUTH 00229'38" WEST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. ALL OF ABOVE DESCRIBED LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 625.00 SOUARE FEET, MORE OR LESS. REP, CN D'BO. 117673 CI NOTE; THIS SURVEY CONSISTS OF 2 SHEETS AND SHALL NOT BE CONSIDERED VALID UNLESS BOTH SHEETS ARE PRESENT AND SHEET I BEARS THE SIGNATURE ANDRNSED SEAL OF THE REGISTERED SURVEYOR AND CLAPPER. PROJ. 06-582S DWG jl 1B25/ A PREPARED BY - SHEET I OF 2 DAVID E. LUETHJE, P.S. . SIGNATURE DAI FLORIDA UCENSE No. 5729 CARTER ASSOCIATES, INC, LB 205