HomeMy WebLinkAbout2008-087Re: Fellsmere Trellhead Preserve
Tax ID U31-38-20-00000-1000-00001.2
Tax ID #31-38-20-00000-1000-00005.0
RESOLUTION NO. 2008- 087
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS,
PURSUANT TO SECTION 196.285 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:
Pursuant to the authority of Section 196.28, Florida Statutes, any and all liens for taxes, delinquent or
current held or owned by the City of Fellsmere, against the property described in the two deeds,
recorded in O.R. Book 2272, Page 1028, and O.R. Book 2272, Page 1031 (the "Deeds"), each
attached hereto and incorporated herein by this reference, are hereby canceled.
• The property set forth on the Deeds was recently acquired by the City of Fellsmere in fee simple,
subject to a Conservation Easement held by Indian River County, recorded in O.R. Book 2272, Page
1050, with funding provided by Florida Communities Trust ("FCT") and Indian River County to be
used as a public recreation property consistent with the FCT's Management Plan.
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 Peter D. 0' Bryan and the motion was
seconded by Commissioner l4acflpy S Davie , and, upon being put to a vote, the vote was as follows:
Chairman Sandra L. Bowden A
Vice Chairman Wesley S. Davis jA
y
Commissioner Joseph E. Flescher --AyF—
Commissioner Peter D. O'Bryan
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and adopted this.
Attest: J.
K. Barton, Clerk
By: a
Deputy Clerk
as to form and legal
legal
z� V
Attorney
ISt 4dayof JQt12b08.
V, FLORIDA'"'
L. Ddwdeh;,C'hairman
"
y 4
. 'ice• ° 1 LYzc'.\
NO TAX CERTIFICATES
OUTSTANDING
Re: Fellsmere T.railhead Preserve
Tax ID #31-38-20-00000.1000-00001.2
Tax ID #31-38-20-00000-1000-00005.0
RESOLUTION N0, 2008= 087
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS,
PURSUANT TO SECTION 196.289 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:
• Pursuant to the authority of Section 196.28, Florida Statutes, any and all liens for taxes, delinquent or
current held or owned by the City of Fellsmere, against the property described in the two deeds,
recorded in O.R. Book 2272, Page 1028, and O.R. Book 2272, Page 1031 (the "Deeds"), each
attached hereto and incorporated herein by this reference, are hereby canceled.
• The property set forth on the Deeds was recently acquired by the City of Fellsmere in fee simple,
subject to a Conservation Easement held by Indian River County, recorded in O.R. Book 2272, Page
1050, with funding provided by Florida Communities Trust ("FCT") and Indian River County to be
used as a public recreation property consistent with the FCT's Management Plan.
• 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 Peter D. O'Bryan , and the motion was
seconded by Commissioner We ley S_ Divi and, upon being put to a vote, the vote was as follows:
Chairman Sandra L. Bowden Aye
Vice Chairman Wesley S. Davis A_.ye
Commissioner Joseph E. Flescher y
Commissioner Peter D. O'Bryan --Aye—
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and adopted this 1st day of July, 2008,
Attest: J. K. Barton, Clerk
By:
Deputy Clerk
Approved as to form and legal
s�uffici�ncy: e� //"
E -,FeVS evrtor
i County Attorney
INDIRIVER COUN F ORIDA
By
S dra L. Bowden, Chairman
NO TAX CERTIFICATES
OUTSTANDING
1929355 RECORDED
IN THE
RECORDS
OF JEFFREY K
BARTON, CLERK
CIRCUIT
COURT INDIAN
RIVERkCO FL, BK:
2272
PG: 1028,
06/16/2008
12:41 PM DOC
STAMPS
D $35748.30
Prepared By& Return To:
Gary Sack, Esq.
Relmnan Durham & Sack, PA
2101 S. Waverly Place, Sults 200E
Melbourne, Florida 32901
LYE :IkiiATi4�7
THIS INDENTURE, made this 12day of June A.D. 2008, between FELLSMERE DEVELOMENT CORPORATION, INC.,
a/k/a FELLSMERE DEVELOPMENT CORP., a Florida corporation, whose address is 215 Baytree Drive, Suite 1—Melbourne, FL32940,
'GRANTOR", and CITY OF FELLSMERE, a municipal corporation existing under the laws of the State of Florida, whose post office
address is 21 South Cypress Street, Fellsmere, Florida 32948-6714, "GRANTEE"
(Wherever used herein the terms "grantor" and "grantee" Include all the parties to this
Instrument and their heirs, legal representatives, successors and assigns. "Grantor"
and "grantee" are used for singular and plural, as the context requires and the use of
any gander shall Include all genders,)
WITNESSETH: That the said GRANTOR, for and in consideration of the sum of Ten Dollars 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 successors and assigns forever, the following described land situate, lying and being in Indian
River County, Florida, to -wit:
SEE EXHIBIT "A" ANNEXED HERETO AND BY REFERENCED MADE A PART HEREOF.
By acceptance of this Warranty Deed, the GRANTEE hereby agrees that the use of the Property described herein shall be subject to the
covenants and restrictions as set forth in the Declaration of Restrictive Covenants recorded on or about June 131e, 2008 in the
Public Records of Indian River County, Florida. These covenants and restrictions shall run with the Property herein described. If any term
or condition of the Declaration of Restrictive Covenants Is violated by the GRANTEE or by some third party with the knowledge of the
GRANTEE and the GRANTEE does not correct the violation pursuant to the Declaration of Restrictive Covenants, fee simple title to all
interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida In
accordance with Chapter 380, Part III, Florida Statutes.
Property Appraiser's Parcel Identification Number for Exhibit "A": 31-38-20-00000-1000-00001/2.
Exhibit "A" Tax Account Number: 483720.
This
conveyance is
subject to easements, restrictions,
limitations
and
conditions
of record If any
now
exist, but any
such Interests that may have been
terminated
are
not hereby
re -imposed.
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.
IN WITNESS WHEREOF the GRANTOR'S have hereunto set GRANTOR'S hand and seal, the day and year fiat above written.
Signed, sealed and dellvered In the presence of..•
S_ WFNESS
(�A/L ATUREy FIRST Jig 41=1*�
Printed, Typed fr Stamped
'Marne
�of of FFirstt Witness
SI NATURE Of PECOiND WITNESS
Printed, Typed or Stamped Name of Second Witness
STATE OF FLORIDA }
COUNTY OF INDIAN RIVER)
FELLSMERE DEVELOPMENT CORPORATION,
INC., a/k/a FELLSMERE EVE .,a Florida
corporation-
�z
Charles W. Hayman, Jr., Tr6as6re vet
Fellsmere Development Corporatl , Inc.
The foregoing Instrument was acknowledged before me thism day of�4a 2008 Charles W. Hayman, Jr. as
Treasure & Director of Fellsmere Development Corporation, Inc, a Florida ation„&t biltaif the corporation. He is personally
known to me or who has produced his Florida Driver's Ucense as IdentiBra
(NOTARY SEAL) ((
Notary Publi , State of Florida
My Commission Expires:
r•••••••••ALICE C. VALLIERE •••••••••)
CwwW OW36740 = Printed, Typed or Stamped Name of Notary
} eomwswtsoolt:t4xs+E
1929355 RECORDED
IN THE
RECORDS
OF JEFFREY K
BARTON, CLERK
CIRCUIT
COURT INDIAN
RIVERkCO FL, BK:
2272
PG: 1028,
06/16/2008
12:41 PM DOC
STAMPS
D $35748.30
Prepared By& Return To:
Gary Sack, Esq.
Relmnan Durham & Sack, PA
2101 S. Waverly Place, Sults 200E
Melbourne, Florida 32901
LYE :IkiiATi4�7
THIS INDENTURE, made this 12day of June A.D. 2008, between FELLSMERE DEVELOMENT CORPORATION, INC.,
a/k/a FELLSMERE DEVELOPMENT CORP., a Florida corporation, whose address is 215 Baytree Drive, Suite 1—Melbourne, FL32940,
'GRANTOR", and CITY OF FELLSMERE, a municipal corporation existing under the laws of the State of Florida, whose post office
address is 21 South Cypress Street, Fellsmere, Florida 32948-6714, "GRANTEE"
(Wherever used herein the terms "grantor" and "grantee" Include all the parties to this
Instrument and their heirs, legal representatives, successors and assigns. "Grantor"
and "grantee" are used for singular and plural, as the context requires and the use of
any gander shall Include all genders,)
WITNESSETH: That the said GRANTOR, for and in consideration of the sum of Ten Dollars 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 successors and assigns forever, the following described land situate, lying and being in Indian
River County, Florida, to -wit:
SEE EXHIBIT "A" ANNEXED HERETO AND BY REFERENCED MADE A PART HEREOF.
By acceptance of this Warranty Deed, the GRANTEE hereby agrees that the use of the Property described herein shall be subject to the
covenants and restrictions as set forth in the Declaration of Restrictive Covenants recorded on or about June 131e, 2008 in the
Public Records of Indian River County, Florida. These covenants and restrictions shall run with the Property herein described. If any term
or condition of the Declaration of Restrictive Covenants Is violated by the GRANTEE or by some third party with the knowledge of the
GRANTEE and the GRANTEE does not correct the violation pursuant to the Declaration of Restrictive Covenants, fee simple title to all
interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida In
accordance with Chapter 380, Part III, Florida Statutes.
Property Appraiser's Parcel Identification Number for Exhibit "A": 31-38-20-00000-1000-00001/2.
Exhibit "A" Tax Account Number: 483720.
This
conveyance is
subject to easements, restrictions,
limitations
and
conditions
of record If any
now
exist, but any
such Interests that may have been
terminated
are
not hereby
re -imposed.
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.
IN WITNESS WHEREOF the GRANTOR'S have hereunto set GRANTOR'S hand and seal, the day and year fiat above written.
Signed, sealed and dellvered In the presence of..•
S_ WFNESS
(�A/L ATUREy FIRST Jig 41=1*�
Printed, Typed fr Stamped
'Marne
�of of FFirstt Witness
SI NATURE Of PECOiND WITNESS
Printed, Typed or Stamped Name of Second Witness
STATE OF FLORIDA }
COUNTY OF INDIAN RIVER)
FELLSMERE DEVELOPMENT CORPORATION,
INC., a/k/a FELLSMERE EVE .,a Florida
corporation-
�z
Charles W. Hayman, Jr., Tr6as6re vet
Fellsmere Development Corporatl , Inc.
The foregoing Instrument was acknowledged before me thism day of�4a 2008 Charles W. Hayman, Jr. as
Treasure & Director of Fellsmere Development Corporation, Inc, a Florida ation„&t biltaif the corporation. He is personally
known to me or who has produced his Florida Driver's Ucense as IdentiBra
(NOTARY SEAL) ((
Notary Publi , State of Florida
My Commission Expires:
r•••••••••ALICE C. VALLIERE •••••••••)
CwwW OW36740 = Printed, Typed or Stamped Name of Notary
} eomwswtsoolt:t4xs+E
BK: 2272 PG: 1029
DESCRIPTION RLLSMERE DEVELOPMENT CORP (80.667 ACRES +/-) REV= 03-19-05
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 3a EAST INDIAN RIVER COUNTY, FLORIO& SAID PARCEL ALSO LYING
IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND STATE ROAD 612, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 05 AND THE SOUTH RIGHT-OF-WAY OF THE TRANS
FLORIDA CENTRAL RAILROAD RIGHT-OF-WAY, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95 AS
FOLLOWS: SOUTH 081314' WEST A DISTANCE OF 652.13; THENCE SOUTH 10'47115' WEST A DISTANCE OF 610.27 FEET; THENCE SOUTH
42'22141' WEST A DISTANCE OF 201.07 FEET; THENCE RUN. NORTH 8996623' WEST A DISTANCE OF 474.42 FEET; THENCE RUN SOUTH
8895'19' WEST A DISTANCE OF 797.80 FEET THENCE SOUTH 00047'07' WEST A DISTANCE OF 45,90 FEET 10 THE END OF LIMITED ACCESS
RIGHT -DF -WAY ON THE NORTH RIGHT-OF-WAY OF STATE ROAD 512; THENCE RUN NORTH 8916'23' WEST ALONG SAID NORTH
RIGHT-OF-WAY A DISTANCE OF 644.17 FEET; THENCE RUN NORTH 02'56049' EAST A DISTANCE OF 2192.26 FEET; THENCE RUN SOUTH
5995'23' EAST A DISTANCE OF 2192.63 FEET TO THE WEST RICHT-OF-WAY OF INTERSTATE HIGHWAY 96C THENCE RUN SOUTH 0238'49'
NEST ALONG SAID RIGHT -OF -WAV A DISTANCE OF 662.25 FEET TO THE POINT OF INTERSECTION OF THE WEST RIOHT-OF-WAY OF
INTERSTATE HIGHWAY 93 AND THE NORTHERLY PROJECTION OF THE WEST RICHT-OF-WAY OF THE LIMITED ACCESS ROAD; THENCE RUN
SOUTH TOGETHER WITH •ALL WESTALONG
THE GRANTORS RIGITa TI LC RANDDTBITTEREST IN AND TO TH-WAY A DISTANCE OS.36 E TWO FEET
EASEMENTS FOR ROT OF AD RIpHT-O►-WAY
ACROSS TRANS FLORIDA CENTRAL RAILROAD LYING WITHIN THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY AS RECORDED IN O.R.
BOOK 445, PAGE 545, PUBLIC RECORDS OF MAN RIVER COUNTY. FLMnA.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCELS;
PARCEL N
A PARCEL OF LAND LYING IN SECTION 2% TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID. PARCEL LUNG IN
THE NORTH OF AND ADJACENT TO THE NORTH RIGHT OF WAY OF COUNTY ROAD 512 IN THE NORTHWEST QUADRANT OF THE INTERSECTION
OF INTERTATE HIGHWAY 95 AND COUNTY ROAD AS FOLLOWS -
FROM THE INTERSECTION OF THE WEST RIGHT OF B12WAY OF I TERSTATE HIGHWAYAND BEING MORE PAR71ULARLY 95 AND HEDESCSOUTH
OU R G HT OF WAY OF THE TRANS FLORIDA
CENTRAL RAILROAD, RUN SOUTHERLY ALONG THE UNITED ACCESS RIGHT OF WAY OF INTERSTATE HIGHWAY 96 AS FOLLOWS: SOUTH 08'33'14'
WEST A DISTANCE OF 582.13 FEET SOUTH 10'47'16' WEST A DISTANCE OF 610.27 FEET: THENCE RUN SOUTH 4222'41' WEST A DISTANCE
OF 201.07 FEET; THENCE NORM 5995'23' WEST A INSTANCE OF 474.42 FEET; THENCE SOUTH 68.019' WEST A DISTANCE OF 100.07 FEET
TO THE END OF SAID LIMITED ACCESS RIGHT OF WAY; THENCE CONTINUE SOUTH 8835819' WEST ALONG THE NORM RIGHT OF WAY OF
COUNTY ROAD 512 A DISTANCE OF 1D1.00 FEET TO THE POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED
PARCEL; FROM SAID POINT OF BEGINNING RUN NORTH 07'00'39' EAST A DISTANCE OF 738.50 FEET; THENCE RUN NORM 6996'23' WEST A
DISTANCE OF 638.56 FEET TO A POINT ON THE EAST LINE OF THE FLORIDA OAS TRANSMISSION COMPANY CASEMENT AS DESCRIBED IN
OFFICIAL RECORDS BOOK 269, PAGE 409, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 01'09'10- EAST ALONG
SAID EAST UNE OF THE GAS COMPANY EASEMENT A DISTANCE OF 764.55 FEET TO THE NORTH RIGHT OF WAY OF COUNTY ROAD 512;
THENCE RUN NORTH 88'35819' EAST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 833.35 FEET TO THE POINT OF BEGINNING.
PARCEL B;
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 35 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING
NORTH OF AND ADJACENT TO NORTH RIGHT OF WAY OF COUNTY ROAD 312 IN THE NORTHWEST QUADRANT OF, THE INTERSECTION OF
INTERSTATE HIGHWAY 95 AND COUNTY ROAD 812, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE INTERSECTION Of THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF THETRANS FLORIDA
CENTRAL RAILROAD, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT OF WAY Of INTERSTATE HIGHWAY 96 AS FOUDWS: SOUTH 06'33'14•
WEST A DISTANCE OF 682.13 FEET THENCE SOUTH 10'47'18' WEST A DISTANCE OF 244.53 RET TO THE PONT OF BEGINNING AT THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; FROM THE PONT OF BEGINNING CONTINUE SOUTH AND WESTERLY ALONG SAID
UMITED ACCESS RIGHT OF WAY OF I-95 AS FOLLOWS: SOUTH 10'47'13' WEST A DISTANCE OF 36572 FEET; THENCE SOUTH 4222.41' WEST
A DISTANCE OF 201.07 FEET; THENCE NORTH 899523' WEST A DISTANCE OF 474.42 FEET; SOUTH 66'3649' WEST A DISTANCE OF 100.07
FEET TO THE END OF LIMITED ACCESS RIGHT OF WAY; FROM END OF SAID LIMITED ACCESS RIGHT OF WAY RUN NORTH 07'00'39' EAST A
DISTANCE OF 517.25 FEET; THENCE RUN -SOUTH 6995'230 EAST A DISTANCE OF 71532 FEET TO THE POINT OF BEGNNING.
PARCEL 01:
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 36 EAST INDIAN RIVEN COUNTY, FLORIDA SAID PARCEL LYING
INTERSTATE HIGHWAY 98 AND COUNTY ROAD 812,
NORM OF AND ADJACENT TO NORM RIGHT OF WAY IN O MORE COUNTY ROAD 512 IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF
FROM ME INTERSECTION OF THE WEST RICHT OFWAYAY OF INTER SPARTICULARLY DESCRIBED AS FOLLOWS:
TATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF THE TRANS FLORIDA
CENTRAL RAILROAD, RUN SOUTHERLY KONG THE UMITED ACCESS RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AS FOLLOWS: SOUTH 0613'14'
WEST A DISTANCE OF 682.13 FEET; THENCE SOUTH 10.47'13' WEST A DISTANCE OF 244.35 RET THENCE CONTIIRIE SOUTH 10'{716' WEST
A DISTANCE OF 3a572 FEET THENCE CONTINUE SOUTHWESTERLY AND WESTERLY ALONG SAID LIMITED ACCESS RIOT OF WAY, SOUTH
4222'41' WEST A DISTANCE OF 201.07 FEET, THENCE NORTH 69115823' WEST A DISTANCE OF 474.42 FEET THENCE SOUTH 6676.11' WEST
A DISTANCE OF 100.07 RET TO INC POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE FROM
THE POINT OF BEGINNING, DEPART SND UMI7M ACCESS RIGHT OF WAY, NORTH 07'00'39' EAST A DISTANCE OF 517.25 FEET THENCE
NORTH 691523' WEST A DISTANCE OF 100.60 RET; THENCE SOUTH 07Q0'39' WEST A DISTANCE OF 321.07 FEET BACK TO THE AFORESAID
LIMITED ACCESS RIGHT OF WAY; THENCE ALONG SAID UNITED ACCESS RIGHT OF WAY, NORTH 66.35'19' EAST A DISTANCE OF 101.09 FEET
BACK TO THE PONT OF BEGINNING
PARCEL C:
LEGAL DESCRIPTION OF REMAINING CARSON PLATT ESTATES PARCEL OF FORMER TRANS FLORIDA CENTRAL RAILROAD RIGHT OF WAY LYING
WEST OF INTERSTATE HIGHWAY 95 IN SECTION 204 TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA: DESCRIBED AS
FOLLOWS
ALL OF THAT PART OF THE 100 FOOT WIDE RICHT OF WAY OF THE FORMER TRANS FLORIDA CENTRAL RAILROAD (AS RECORDED AND SHOWN
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOG( 208, STARTING AT PAGE 547), LYING WITHIN THE
NORM ONE-HALF OF SECTION 20, TOWNSHIP 31 SWM, RANGE 36 EAST, IMMEDIATELY WEST OF AND ADJACENT TO THE WEST RIGHT OF
WAY OF INTERSTATE HIGHWAY 95 (BEING A PORTION OF SAID RAILROAD RIGHT OF WAY CONVEYED BY ROLAND MILLER, TRUSTEE, TO CARSON
PLATT AS SHOWN AND DESCRIBED IN OFFICIAL RECORDED BOOK 709, PAGE 1751, PUBLIC RECORDS OF INDIAN RIVER COUNTY) AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF SND TRANS
FLORIDA CENTRAL RAILROAD RICHT OF WAY, THENCE RUN NORM 67'04'66' WEST, ALONG THE SOUTH RIGHT OF WAY OF SAID FORMER
RAILROAD RIGHT OF WAY, A DISTANCE OF 2187.90 FEET; THENCE RUN NORTH 0237'66' EAST (ALONG THE EAST LINE OF PROPERTY
CONVEYED IN PARCEL NO. 3 OF PERSONAL REPRESENTATIVES DEED, AS RECORDED IN OFFICIAL RECORDS BOO( 1304, BEGINNING AT PAGE
2778, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FROM THE ESTATE OF CARSON PLATT TO THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND TO THE ST. JOHNS WATER MANAGEMENT DISTFOCT), A DISTANCE OF
100,00 FEET; THENCE RUN SOUTH 3774466' EAST, ALONG THE NORTH RICHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A
DISTANCE OF 2190.67 FEET TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95; THENCE RUN SOUTH 037»'60' WEST, ALONG SAID
WEST RIGHT OF WAY, A DISTANCE OF 72.55 RET TO A POIN7.OR9NTFJ(SECTION IN SAID WEST RIGHT OF WAY; THENCE RUN SOUTH 06'33'14'
LYING AND ALONG SAID ST RIIG14T OF WAY
COUNTY.F IFNL�nAATE_IjIG55WAY�p30,DISTANCE OF 27.36 FEET TO THE PONT OF BEGINNING. SAID LAND
THE RESULTANT AREA OF THE ABOVE DESCRIBED OR 001387 AGES MORE OR LESS
PER ATTORNEY COMMENTS 06-06-08 R.A.H.
(CARTER ASSOCIATES. INC. LEGAL DESCRIPTION
TDONTULTTNO INGumns ANO LAND ammig FELLSMERE PRESERVE
4796 BU 1711-562-4104f 80.667 ACRE PARCEL
1790 SINT TTIm TVFNORm.1 eyFsa-aNa TPI-su-1104
c.o.A. pHN
EXHIBIT "A"
I�
CAI JOB NO. 06-4405
APRIL 29, 2008
BK: 2272 PG: 1029
DESCRIPTION RLLSMERE DEVELOPMENT CORP (80.667 ACRES +/-) REV= 03-19-05
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 3a EAST INDIAN RIVER COUNTY, FLORIO& SAID PARCEL ALSO LYING
IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND STATE ROAD 612, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 05 AND THE SOUTH RIGHT-OF-WAY OF THE TRANS
FLORIDA CENTRAL RAILROAD RIGHT-OF-WAY, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95 AS
FOLLOWS: SOUTH 081314' WEST A DISTANCE OF 652.13; THENCE SOUTH 10'47115' WEST A DISTANCE OF 610.27 FEET; THENCE SOUTH
42'22141' WEST A DISTANCE OF 201.07 FEET; THENCE RUN. NORTH 8996623' WEST A DISTANCE OF 474.42 FEET; THENCE RUN SOUTH
8895'19' WEST A DISTANCE OF 797.80 FEET THENCE SOUTH 00047'07' WEST A DISTANCE OF 45,90 FEET 10 THE END OF LIMITED ACCESS
RIGHT -DF -WAY ON THE NORTH RIGHT-OF-WAY OF STATE ROAD 512; THENCE RUN NORTH 8916'23' WEST ALONG SAID NORTH
RIGHT-OF-WAY A DISTANCE OF 644.17 FEET; THENCE RUN NORTH 02'56049' EAST A DISTANCE OF 2192.26 FEET; THENCE RUN SOUTH
5995'23' EAST A DISTANCE OF 2192.63 FEET TO THE WEST RICHT-OF-WAY OF INTERSTATE HIGHWAY 96C THENCE RUN SOUTH 0238'49'
NEST ALONG SAID RIGHT -OF -WAV A DISTANCE OF 662.25 FEET TO THE POINT OF INTERSECTION OF THE WEST RIOHT-OF-WAY OF
INTERSTATE HIGHWAY 93 AND THE NORTHERLY PROJECTION OF THE WEST RICHT-OF-WAY OF THE LIMITED ACCESS ROAD; THENCE RUN
SOUTH TOGETHER WITH •ALL WESTALONG
THE GRANTORS RIGITa TI LC RANDDTBITTEREST IN AND TO TH-WAY A DISTANCE OS.36 E TWO FEET
EASEMENTS FOR ROT OF AD RIpHT-O►-WAY
ACROSS TRANS FLORIDA CENTRAL RAILROAD LYING WITHIN THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY AS RECORDED IN O.R.
BOOK 445, PAGE 545, PUBLIC RECORDS OF MAN RIVER COUNTY. FLMnA.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCELS;
PARCEL N
A PARCEL OF LAND LYING IN SECTION 2% TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID. PARCEL LUNG IN
THE NORTH OF AND ADJACENT TO THE NORTH RIGHT OF WAY OF COUNTY ROAD 512 IN THE NORTHWEST QUADRANT OF THE INTERSECTION
OF INTERTATE HIGHWAY 95 AND COUNTY ROAD AS FOLLOWS -
FROM THE INTERSECTION OF THE WEST RIGHT OF B12WAY OF I TERSTATE HIGHWAYAND BEING MORE PAR71ULARLY 95 AND HEDESCSOUTH
OU R G HT OF WAY OF THE TRANS FLORIDA
CENTRAL RAILROAD, RUN SOUTHERLY ALONG THE UNITED ACCESS RIGHT OF WAY OF INTERSTATE HIGHWAY 96 AS FOLLOWS: SOUTH 08'33'14'
WEST A DISTANCE OF 582.13 FEET SOUTH 10'47'16' WEST A DISTANCE OF 610.27 FEET: THENCE RUN SOUTH 4222'41' WEST A DISTANCE
OF 201.07 FEET; THENCE NORM 5995'23' WEST A INSTANCE OF 474.42 FEET; THENCE SOUTH 68.019' WEST A DISTANCE OF 100.07 FEET
TO THE END OF SAID LIMITED ACCESS RIGHT OF WAY; THENCE CONTINUE SOUTH 8835819' WEST ALONG THE NORM RIGHT OF WAY OF
COUNTY ROAD 512 A DISTANCE OF 1D1.00 FEET TO THE POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED
PARCEL; FROM SAID POINT OF BEGINNING RUN NORTH 07'00'39' EAST A DISTANCE OF 738.50 FEET; THENCE RUN NORM 6996'23' WEST A
DISTANCE OF 638.56 FEET TO A POINT ON THE EAST LINE OF THE FLORIDA OAS TRANSMISSION COMPANY CASEMENT AS DESCRIBED IN
OFFICIAL RECORDS BOOK 269, PAGE 409, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 01'09'10- EAST ALONG
SAID EAST UNE OF THE GAS COMPANY EASEMENT A DISTANCE OF 764.55 FEET TO THE NORTH RIGHT OF WAY OF COUNTY ROAD 512;
THENCE RUN NORTH 88'35819' EAST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 833.35 FEET TO THE POINT OF BEGINNING.
PARCEL B;
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 35 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING
NORTH OF AND ADJACENT TO NORTH RIGHT OF WAY OF COUNTY ROAD 312 IN THE NORTHWEST QUADRANT OF, THE INTERSECTION OF
INTERSTATE HIGHWAY 95 AND COUNTY ROAD 812, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE INTERSECTION Of THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF THETRANS FLORIDA
CENTRAL RAILROAD, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT OF WAY Of INTERSTATE HIGHWAY 96 AS FOUDWS: SOUTH 06'33'14•
WEST A DISTANCE OF 682.13 FEET THENCE SOUTH 10'47'18' WEST A DISTANCE OF 244.53 RET TO THE PONT OF BEGINNING AT THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; FROM THE PONT OF BEGINNING CONTINUE SOUTH AND WESTERLY ALONG SAID
UMITED ACCESS RIGHT OF WAY OF I-95 AS FOLLOWS: SOUTH 10'47'13' WEST A DISTANCE OF 36572 FEET; THENCE SOUTH 4222.41' WEST
A DISTANCE OF 201.07 FEET; THENCE NORTH 899523' WEST A DISTANCE OF 474.42 FEET; SOUTH 66'3649' WEST A DISTANCE OF 100.07
FEET TO THE END OF LIMITED ACCESS RIGHT OF WAY; FROM END OF SAID LIMITED ACCESS RIGHT OF WAY RUN NORTH 07'00'39' EAST A
DISTANCE OF 517.25 FEET; THENCE RUN -SOUTH 6995'230 EAST A DISTANCE OF 71532 FEET TO THE POINT OF BEGNNING.
PARCEL 01:
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 36 EAST INDIAN RIVEN COUNTY, FLORIDA SAID PARCEL LYING
INTERSTATE HIGHWAY 98 AND COUNTY ROAD 812,
NORM OF AND ADJACENT TO NORM RIGHT OF WAY IN O MORE COUNTY ROAD 512 IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF
FROM ME INTERSECTION OF THE WEST RICHT OFWAYAY OF INTER SPARTICULARLY DESCRIBED AS FOLLOWS:
TATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF THE TRANS FLORIDA
CENTRAL RAILROAD, RUN SOUTHERLY KONG THE UMITED ACCESS RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AS FOLLOWS: SOUTH 0613'14'
WEST A DISTANCE OF 682.13 FEET; THENCE SOUTH 10.47'13' WEST A DISTANCE OF 244.35 RET THENCE CONTIIRIE SOUTH 10'{716' WEST
A DISTANCE OF 3a572 FEET THENCE CONTINUE SOUTHWESTERLY AND WESTERLY ALONG SAID LIMITED ACCESS RIOT OF WAY, SOUTH
4222'41' WEST A DISTANCE OF 201.07 FEET, THENCE NORTH 69115823' WEST A DISTANCE OF 474.42 FEET THENCE SOUTH 6676.11' WEST
A DISTANCE OF 100.07 RET TO INC POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE FROM
THE POINT OF BEGINNING, DEPART SND UMI7M ACCESS RIGHT OF WAY, NORTH 07'00'39' EAST A DISTANCE OF 517.25 FEET THENCE
NORTH 691523' WEST A DISTANCE OF 100.60 RET; THENCE SOUTH 07Q0'39' WEST A DISTANCE OF 321.07 FEET BACK TO THE AFORESAID
LIMITED ACCESS RIGHT OF WAY; THENCE ALONG SAID UNITED ACCESS RIGHT OF WAY, NORTH 66.35'19' EAST A DISTANCE OF 101.09 FEET
BACK TO THE PONT OF BEGINNING
PARCEL C:
LEGAL DESCRIPTION OF REMAINING CARSON PLATT ESTATES PARCEL OF FORMER TRANS FLORIDA CENTRAL RAILROAD RIGHT OF WAY LYING
WEST OF INTERSTATE HIGHWAY 95 IN SECTION 204 TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA: DESCRIBED AS
FOLLOWS
ALL OF THAT PART OF THE 100 FOOT WIDE RICHT OF WAY OF THE FORMER TRANS FLORIDA CENTRAL RAILROAD (AS RECORDED AND SHOWN
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOG( 208, STARTING AT PAGE 547), LYING WITHIN THE
NORM ONE-HALF OF SECTION 20, TOWNSHIP 31 SWM, RANGE 36 EAST, IMMEDIATELY WEST OF AND ADJACENT TO THE WEST RIGHT OF
WAY OF INTERSTATE HIGHWAY 95 (BEING A PORTION OF SAID RAILROAD RIGHT OF WAY CONVEYED BY ROLAND MILLER, TRUSTEE, TO CARSON
PLATT AS SHOWN AND DESCRIBED IN OFFICIAL RECORDED BOOK 709, PAGE 1751, PUBLIC RECORDS OF INDIAN RIVER COUNTY) AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF SND TRANS
FLORIDA CENTRAL RAILROAD RICHT OF WAY, THENCE RUN NORM 67'04'66' WEST, ALONG THE SOUTH RIGHT OF WAY OF SAID FORMER
RAILROAD RIGHT OF WAY, A DISTANCE OF 2187.90 FEET; THENCE RUN NORTH 0237'66' EAST (ALONG THE EAST LINE OF PROPERTY
CONVEYED IN PARCEL NO. 3 OF PERSONAL REPRESENTATIVES DEED, AS RECORDED IN OFFICIAL RECORDS BOO( 1304, BEGINNING AT PAGE
2778, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FROM THE ESTATE OF CARSON PLATT TO THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND TO THE ST. JOHNS WATER MANAGEMENT DISTFOCT), A DISTANCE OF
100,00 FEET; THENCE RUN SOUTH 3774466' EAST, ALONG THE NORTH RICHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A
DISTANCE OF 2190.67 FEET TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95; THENCE RUN SOUTH 037»'60' WEST, ALONG SAID
WEST RIGHT OF WAY, A DISTANCE OF 72.55 RET TO A POIN7.OR9NTFJ(SECTION IN SAID WEST RIGHT OF WAY; THENCE RUN SOUTH 06'33'14'
LYING AND ALONG SAID ST RIIG14T OF WAY
COUNTY.F IFNL�nAATE_IjIG55WAY�p30,DISTANCE OF 27.36 FEET TO THE PONT OF BEGINNING. SAID LAND
THE RESULTANT AREA OF THE ABOVE DESCRIBED OR 001387 AGES MORE OR LESS
PER ATTORNEY COMMENTS 06-06-08 R.A.H.
(CARTER ASSOCIATES. INC. LEGAL DESCRIPTION
TDONTULTTNO INGumns ANO LAND ammig FELLSMERE PRESERVE
4796 BU 1711-562-4104f 80.667 ACRE PARCEL
1790 SINT TTIm TVFNORm.1 eyFsa-aNa TPI-su-1104
c.o.A. pHN
EXHIBIT "A"
I�
CAI JOB NO. 06-4405
APRIL 29, 2008
BK: 2272 PG: 1030
RESOLUTION
At a special meeting of the Board of Directors of Fellsmere Development
Corporation, Inc., a Florida Corporation, duly noticed and held according to law and the
Articles of Incorporation and Bylaws of Fellsmere Development Corporation, Inc., the
following resolution was passed and adopted:
BE IT RESOLVED that Charles W. Hoyman, Jr., in his capacity as Treasurer of
the Corporation is authorized to execute deeds.
Dated this 12th day of June, 2008,
L. Reinman, Secretary of the Corporation
BK: 2272 PG: 1030
RESOLUTION
At a special meeting of the Board of Directors of Fellsmere Development
Corporation, Inc., a Florida Corporation, duly noticed and held according to law and the
Articles of Incorporation and Bylaws of Fellsmere Development Corporation, Inc., the
following resolution was passed and adopted:
BE IT RESOLVED that Charles W. Hoyman, Jr., in his capacity as Treasurer of
the Corporation is authorized to execute deeds.
Dated this 12th day of June, 2008,
L. Reinman, Secretary of the Corporation
1929356 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2272 PG: 1031, 06/16/2008 12:41 PM DOC STAMPS D $2226.70
Prepared By& Return To:
Gary Sack, Esq.
Reinman Durham & Sack, PA
2101 S. Waverly Place, Suite 200E
Melbourne, Florida 32901
WARRANTY DEED
THIS INDENTURE, made this 13" day of June A.D.2008, DEAN FRED LUETHJE,INDIVIDUALLY AND ASTRUSTEE
OFTHE DEAN FRED LUETHJE REVOCABLE LIVING TRUST U/A/D 4/21/04, whose address Is 2756 52nd Avenue —Vero Beach, FL
32966, "GRANTOR", and CITY OF FELLSMERE, a municipal corporation existing under the laws of the State of Florida, whose post
office address is 21 South Cypress Street, Fellsmere, Florida 32948-6714, "GRANTEE"
(Wherever used herein the terms "grantor" and "grantee" Include all the parties to this
Instrument and their heirs, legal representatives, successors and assigns. "Grantor"
and "grantee" are used for singular and plural, as the context requires and the use of
any gender shall Include all genders.)
WITNESSETH: That the said GRANTOR, for and In consideration of the sum of Ten Dollars 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 successors and assigns forever, the following described land situate, tying and being in Indian
River County, Florida, to -wit:
SEE EXHIBIT "A" ANNEXED HERETO AND BY REFERENCED MADE A PART HEREOF.
GRANTOR DEAN FRED LUETHJE, INDMDUALLY AND AS TRUSTEE OF THE DEAN FRED LUETHJE REVOCABLE
LIVING TRUST U/A/ D 4121/04 WARRANTS AND REPRESENTS THATTHE PROPERTY BEING CONVEYED UNDER
EXHIBIT "A" IS VACANT AND UNIMPROVED REAL PROPERTY AND NOT HOMESTEAD PROPERTY NOR IS IT
CONTIGUOUS TO HOMESTEAD PROPERTYAS DEFINED UNDER FLORIDA CONSTITUTION ARTICLE X, SECTION 4.
By acceptance of this Warranty Deed, the GRANTEE hereby agrees that the use of the Property described herein shall be subject to the
covenants and restrictions as set forth In the Declaration of Restrictive Covenants recorded on or about June 13"', 2008 in the
Public Records of Indian River County, Florida. These covenants and restrictions shall run with the Property herein described. If any tens
or condition of the Declaration of Restrictive Covenants is violated by the GRANTEE or by some third party with the knowledge of the
GRANTEE and the GRANTEE does not correct the violation pursuant to the Declaration of Restrictive Covenants, fee simple title to all
interest In the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in
accordance with Chapter 380, Part III, Florida Statutes.
Property Appraiser's Parcel Identification Number for Exhibit "A": 31-38-20-00000-1000-00005.0.
Exhibit "A" Tax Account Number: 483750.
This
conveyance is
subject to easements, restrictions,
limitations
and
conditions
of record if any
now
exist, but any
such Interests that may have been
terminated
are
not hereby
re -Imposed.
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.
IN WITNESS WHEREOF the GRANTOR'S have hereunto set GRANTOR'S hand and seal, the day and year firstabove written.
Signed, sealed and delivered in Gfie presence o/
SKGNATUAE O��iC.lGc'�Cr
F FIR;T 1/12 3
WI-04zSS"
4 �
Printed, Typed q Stamped Name of First Witness
SNATURE SECONDrT ESS
2W V &4LA AILAA&"yx
Printed, Typbd or Stamped Name of Second Witness
STATE OF FLORIDA }
COUNTY OF INDIAN RIVER}
Dean Fred Luethje, Individually an rvsteeofT)1e
Dean Fred Luethje Revocable Living st U/A/D 4/21/04
The foregoing instrument was acknowledged before me this 130 day of June 2008, by Dean F. Luethje, Individually
and as Trustee of the Dean Fred Luethje Revocable Living Trust U/A/.4121104. He Is personally known to me or he has
produced Florida Driver's License as identification.
(NOTARY SEAL)
3.F...O.
ALICE ALICE MMMNMMtl
C. VAW
E"pine 2.e400e
P.:anea 0"U (800)432-4254'
... Assn. Inc
ALICE
C.awLL)ERE .umq
r ALICE C. VALUERE ;
g�1hr CaiurW 0003p810
F E"pkn 24402000
eaneed Ivu (800)4324254:
:..... �:..........
7106aa No14ry Aon Inc
e~
Notary Public, St of
My Commission Expire!
Printed, Typed or Stamped Name of Notary
1929356 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2272 PG: 1031, 06/16/2008 12:41 PM DOC STAMPS D $2226.70
Prepared By& Return To:
Gary Sack, Esq.
Reinman Durham & Sack, PA
2101 S. Waverly Place, Suite 200E
Melbourne, Florida 32901
WARRANTY DEED
THIS INDENTURE, made this 13" day of June A.D.2008, DEAN FRED LUETHJE,INDIVIDUALLY AND ASTRUSTEE
OFTHE DEAN FRED LUETHJE REVOCABLE LIVING TRUST U/A/D 4/21/04, whose address Is 2756 52nd Avenue —Vero Beach, FL
32966, "GRANTOR", and CITY OF FELLSMERE, a municipal corporation existing under the laws of the State of Florida, whose post
office address is 21 South Cypress Street, Fellsmere, Florida 32948-6714, "GRANTEE"
(Wherever used herein the terms "grantor" and "grantee" Include all the parties to this
Instrument and their heirs, legal representatives, successors and assigns. "Grantor"
and "grantee" are used for singular and plural, as the context requires and the use of
any gender shall Include all genders.)
WITNESSETH: That the said GRANTOR, for and In consideration of the sum of Ten Dollars 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 successors and assigns forever, the following described land situate, tying and being in Indian
River County, Florida, to -wit:
SEE EXHIBIT "A" ANNEXED HERETO AND BY REFERENCED MADE A PART HEREOF.
GRANTOR DEAN FRED LUETHJE, INDMDUALLY AND AS TRUSTEE OF THE DEAN FRED LUETHJE REVOCABLE
LIVING TRUST U/A/ D 4121/04 WARRANTS AND REPRESENTS THATTHE PROPERTY BEING CONVEYED UNDER
EXHIBIT "A" IS VACANT AND UNIMPROVED REAL PROPERTY AND NOT HOMESTEAD PROPERTY NOR IS IT
CONTIGUOUS TO HOMESTEAD PROPERTYAS DEFINED UNDER FLORIDA CONSTITUTION ARTICLE X, SECTION 4.
By acceptance of this Warranty Deed, the GRANTEE hereby agrees that the use of the Property described herein shall be subject to the
covenants and restrictions as set forth In the Declaration of Restrictive Covenants recorded on or about June 13"', 2008 in the
Public Records of Indian River County, Florida. These covenants and restrictions shall run with the Property herein described. If any tens
or condition of the Declaration of Restrictive Covenants is violated by the GRANTEE or by some third party with the knowledge of the
GRANTEE and the GRANTEE does not correct the violation pursuant to the Declaration of Restrictive Covenants, fee simple title to all
interest In the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in
accordance with Chapter 380, Part III, Florida Statutes.
Property Appraiser's Parcel Identification Number for Exhibit "A": 31-38-20-00000-1000-00005.0.
Exhibit "A" Tax Account Number: 483750.
This
conveyance is
subject to easements, restrictions,
limitations
and
conditions
of record if any
now
exist, but any
such Interests that may have been
terminated
are
not hereby
re -Imposed.
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.
IN WITNESS WHEREOF the GRANTOR'S have hereunto set GRANTOR'S hand and seal, the day and year firstabove written.
Signed, sealed and delivered in Gfie presence o/
SKGNATUAE O��iC.lGc'�Cr
F FIR;T 1/12 3
WI-04zSS"
4 �
Printed, Typed q Stamped Name of First Witness
SNATURE SECONDrT ESS
2W V &4LA AILAA&"yx
Printed, Typbd or Stamped Name of Second Witness
STATE OF FLORIDA }
COUNTY OF INDIAN RIVER}
Dean Fred Luethje, Individually an rvsteeofT)1e
Dean Fred Luethje Revocable Living st U/A/D 4/21/04
The foregoing instrument was acknowledged before me this 130 day of June 2008, by Dean F. Luethje, Individually
and as Trustee of the Dean Fred Luethje Revocable Living Trust U/A/.4121104. He Is personally known to me or he has
produced Florida Driver's License as identification.
(NOTARY SEAL)
3.F...O.
ALICE ALICE MMMNMMtl
C. VAW
E"pine 2.e400e
P.:anea 0"U (800)432-4254'
... Assn. Inc
ALICE
C.awLL)ERE .umq
r ALICE C. VALUERE ;
g�1hr CaiurW 0003p810
F E"pkn 24402000
eaneed Ivu (800)4324254:
:..... �:..........
7106aa No14ry Aon Inc
e~
Notary Public, St of
My Commission Expire!
Printed, Typed or Stamped Name of Notary
BK: 2272 PG: 1032
DFSCRI"DN.DEAN F LUE7HJE, TRUSTEE (8,030 ACRES+/-)
PARCEL C:
LEGAL
RIGHT
DESCRIPTION OF REMAINING CARSON PLATT ESTATES PARCEL
OF WAY LUNG
OF
FORMER TRANS FLORIDA CENTRAL RAILROAD
RIVER
COUNTY,
WEST OF INTERSTATE HIGHWAY 25 IN SECTION
FLORIDA, DESCRIBED AS FOLLOWS:
20,
TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN
ALL OF THAT PART OF THE 100 FOOT WADE RIGHT OF WAY OF THE FORMER TRANS FLORIDA CENTRAL RAILROAD (AS
RECORDED AND SHOWN IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 2081
STARTING AT PAGE 547), LYING WITHIN THE NORTH ONE-HALF OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST,
IMMEDIATELY WEST OF AND ADJACENT TO 714E WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 (BEING A PORTION OF
SAID RAILROAD RIGHT OF WAY CONVEYED BY ROLAND. MILLER, TRUSTEE, TO CARSON PLATT AS SHOWN AND DESCRIBED
IN OFFICIAL RECORDED BOOK 709, PAGE 1751, PUBLIC RECORDS OF INDIAN RIVER COUNTY) AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSEC71ON OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF
WAY OF SAID TRANS FLORIDA CENTRAL RAILROAD RIGHT OF WAY, THENCE RUN NORTH 67`04'56' WEST,ALONG THE
SOUTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A DISTANCE OF 2187.90 FEET; THENCE RUN NORTH
02'57'55' EAST (ALONG THE EAST LINE OF PROPERTY CONVEYED IN PARCEL N0, 3 OF PERSONAL REPRESENTATIVES
DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 1304,BEGINNING AT PAGE 2778, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, FROM THE ESTATE OF CARSON PLATT TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA AND TO THE ST, JOHNS WATER MANAGEMENT DISTRICT),.A DISTANCE OF t00.O0
FEET; THENCE RUN SOUTH 87404858' EAST, ALONG THE NORTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF
WAY, A DISTANCE OF 2190.87 FEET TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95; THENCE RUN SOUTH
03001'50' WEST, ALONG SAID WEST RIGHT OF WAY, A DISTANCE OF 7258 FEET TO A POINT OF INTERSECTION IN SAID
WEST RIGHT OF WAY; THENCE RUN SOUTH 0813'14' WEST. ALONG SAID WEST RIGHT OF WAY OF INTERSTATE HIGHWAY
95, A DISTANCE OF 27.58 FEET TO THE POINT OF BEGINNING. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA.
THE ABOVE DESCRIBED PARCEL CONTAINS 219,088 SQUARE FEET OR 8.0286 ACRES MORE OR LESS.
REN MODIFY PER ATTORNEY
VIIWA44wifloj
LEGAL DESCRIPTION
FELLSMERE PRESERVE
5.03 ACRE PARCEL
EKHI6ET^A•
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oke}
O • tawrr'
moo'.. r�ogT 'tar' <a
CAI JOB NO. 07-2735
APRIL 29, 2008
BK: 2272 PG: 1032
DFSCRI"DN.DEAN F LUE7HJE, TRUSTEE (8,030 ACRES+/-)
PARCEL C:
LEGAL
RIGHT
DESCRIPTION OF REMAINING CARSON PLATT ESTATES PARCEL
OF WAY LUNG
OF
FORMER TRANS FLORIDA CENTRAL RAILROAD
RIVER
COUNTY,
WEST OF INTERSTATE HIGHWAY 25 IN SECTION
FLORIDA, DESCRIBED AS FOLLOWS:
20,
TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN
ALL OF THAT PART OF THE 100 FOOT WADE RIGHT OF WAY OF THE FORMER TRANS FLORIDA CENTRAL RAILROAD (AS
RECORDED AND SHOWN IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 2081
STARTING AT PAGE 547), LYING WITHIN THE NORTH ONE-HALF OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST,
IMMEDIATELY WEST OF AND ADJACENT TO 714E WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 (BEING A PORTION OF
SAID RAILROAD RIGHT OF WAY CONVEYED BY ROLAND. MILLER, TRUSTEE, TO CARSON PLATT AS SHOWN AND DESCRIBED
IN OFFICIAL RECORDED BOOK 709, PAGE 1751, PUBLIC RECORDS OF INDIAN RIVER COUNTY) AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSEC71ON OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF
WAY OF SAID TRANS FLORIDA CENTRAL RAILROAD RIGHT OF WAY, THENCE RUN NORTH 67`04'56' WEST,ALONG THE
SOUTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF WAY, A DISTANCE OF 2187.90 FEET; THENCE RUN NORTH
02'57'55' EAST (ALONG THE EAST LINE OF PROPERTY CONVEYED IN PARCEL N0, 3 OF PERSONAL REPRESENTATIVES
DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 1304,BEGINNING AT PAGE 2778, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, FROM THE ESTATE OF CARSON PLATT TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA AND TO THE ST, JOHNS WATER MANAGEMENT DISTRICT),.A DISTANCE OF t00.O0
FEET; THENCE RUN SOUTH 87404858' EAST, ALONG THE NORTH RIGHT OF WAY OF SAID FORMER RAILROAD RIGHT OF
WAY, A DISTANCE OF 2190.87 FEET TO THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95; THENCE RUN SOUTH
03001'50' WEST, ALONG SAID WEST RIGHT OF WAY, A DISTANCE OF 7258 FEET TO A POINT OF INTERSECTION IN SAID
WEST RIGHT OF WAY; THENCE RUN SOUTH 0813'14' WEST. ALONG SAID WEST RIGHT OF WAY OF INTERSTATE HIGHWAY
95, A DISTANCE OF 27.58 FEET TO THE POINT OF BEGINNING. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA.
THE ABOVE DESCRIBED PARCEL CONTAINS 219,088 SQUARE FEET OR 8.0286 ACRES MORE OR LESS.
REN MODIFY PER ATTORNEY
VIIWA44wifloj
LEGAL DESCRIPTION
FELLSMERE PRESERVE
5.03 ACRE PARCEL
EKHI6ET^A•
WWlfW A%�l
oke}
O • tawrr'
moo'.. r�ogT 'tar' <a
CAI JOB NO. 07-2735
APRIL 29, 2008
BK: 2272 PG: 1033
AFFIDAVIT REGARDING TRUST
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
THE UNDERSIGNED, first being duly sworn, deposes and states:
1. THAT I am the designated trustee and have personal knowledge of the
facts set forth in this affidavit.
2. THAT on the 21s` day of April, 2004, Dean Fred Luethje, grantor(s),
created the Revocable Living Trust of Dean Fred Luethje ("Trust"). Dean
Fred Luethje is the trustee of said Trust. The Trust was amended on
November 15, 2007, by the First Amendment To Revocable Living Trust
Agreement of Dean Fred Luethje.
3. THAT part of the trust corpus includes real estate located in Indian River
County, Florida ("the real estate"), more particularly described as see
attached Exhibit "A".
4. THAT the real estate was transferred to the trust by means of a Personal
Representative's Deed which was recorded on the 17th day of March,
2005, at Official Record Book 1848, Page 148, of the Public Records of
Indian River County, Florida.
5. THAT the trust has the right to own and hold and possess the real estate
and to convey the same.
6. The subject trust as amended is presently in full force and effect.
Page 1 of 2
BK: 2272 PG: 1033
AFFIDAVIT REGARDING TRUST
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
THE UNDERSIGNED, first being duly sworn, deposes and states:
1. THAT I am the designated trustee and have personal knowledge of the
facts set forth in this affidavit.
2. THAT on the 21s` day of April, 2004, Dean Fred Luethje, grantor(s),
created the Revocable Living Trust of Dean Fred Luethje ("Trust"). Dean
Fred Luethje is the trustee of said Trust. The Trust was amended on
November 15, 2007, by the First Amendment To Revocable Living Trust
Agreement of Dean Fred Luethje.
3. THAT part of the trust corpus includes real estate located in Indian River
County, Florida ("the real estate"), more particularly described as see
attached Exhibit "A".
4. THAT the real estate was transferred to the trust by means of a Personal
Representative's Deed which was recorded on the 17th day of March,
2005, at Official Record Book 1848, Page 148, of the Public Records of
Indian River County, Florida.
5. THAT the trust has the right to own and hold and possess the real estate
and to convey the same.
6. The subject trust as amended is presently in full force and effect.
Page 1 of 2
BK: 2272
PG: 1034
IN WITNESS WHEREOF, I have signed this Affidavit under penalty of
perjury on this 131h day of June, 2008.
THE FOREGOING INSTRUMENT was sworn to and subscribed before me on th 131h
f-'�
day of June, 2008, by f'; I 4c,4j e , who is personally known to me or
who produced .lam 06ve llcer,a- (type of identification) and who did take an oath.
NOTARY PUBLIC
State of Fl9 a -at -La e
My Commission Expires: Sign:
Print:
i...,,
At
/7 ��` V�t�,•, ; ALICE C. V/1LLiERE
convo 7r
Oe
go t
•.wig•"me, 'DPW"VX�Ci3 : awrw7
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'•... �c�d;. Notary
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ESM 6
Page 2 of 2
BK: 2272
PG: 1034
IN WITNESS WHEREOF, I have signed this Affidavit under penalty of
perjury on this 131h day of June, 2008.
THE FOREGOING INSTRUMENT was sworn to and subscribed before me on th 131h
f-'�
day of June, 2008, by f'; I 4c,4j e , who is personally known to me or
who produced .lam 06ve llcer,a- (type of identification) and who did take an oath.
NOTARY PUBLIC
State of Fl9 a -at -La e
My Commission Expires: Sign:
Print:
i...,,
At
/7 ��` V�t�,•, ; ALICE C. V/1LLiERE
convo 7r
Oe
go t
•.wig•"me, 'DPW"VX�Ci3 : awrw7
Amos `''4'00 0 i � �Y:w0
'•... �c�d;. Notary
(30 8 i CMN NIr...G
66 lose
Inc
• �CORO* 00OT600
ESM 6
Page 2 of 2
Re: Fellsmere Trellhead Preserve
Tax ID U31-38-20-00000-1000-00001.2
Tax ID #31-38-20-00000-1000-00005.0
RESOLUTION NO. 2008- 087
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS,
PURSUANT TO SECTION 196.285 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:
Pursuant to the authority of Section 196.28, Florida Statutes, any and all liens for taxes, delinquent or
current held or owned by the City of Fellsmere, against the property described in the two deeds,
recorded in O.R. Book 2272, Page 1028, and O.R. Book 2272, Page 1031 (the "Deeds"), each
attached hereto and incorporated herein by this reference, are hereby canceled.
• The property set forth on the Deeds was recently acquired by the City of Fellsmere in fee simple,
subject to a Conservation Easement held by Indian River County, recorded in O.R. Book 2272, Page
1050, with funding provided by Florida Communities Trust ("FCT") and Indian River County to be
used as a public recreation property consistent with the FCT's Management Plan.
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 Peter D. 0' Bryan and the motion was
seconded by Commissioner l4acflpy S Davie , and, upon being put to a vote, the vote was as follows:
Chairman Sandra L. Bowden A
Vice Chairman Wesley S. Davis jA
y
Commissioner Joseph E. Flescher --AyF—
Commissioner Peter D. O'Bryan
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and adopted this.
Attest: J.
K. Barton, Clerk
By: a
Deputy Clerk
as to form and legal
legal
z� V
Attorney
ISt 4dayof JQt12b08.
V, FLORIDA'"'
L. Ddwdeh;,C'hairman
"
y 4
. 'ice• ° 1 LYzc'.\
NO TAX CERTIFICATES
OUTSTANDING