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HomeMy WebLinkAbout2008-188ft Re: 108th Avenue (Racetrac Petroleum Inc.) Tax ID #31-38-29-00001-0040-00001.0 RESOLUTION NO. 2008- 18B 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: • 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 2297, Page 326 (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 obtain the ultimate right-of-way for 108th Avenue. • The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector. The resolution was moved for adoption by Commissioner Flescher , and the motion was seconded by Commissioner 0' Bryan , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis AYF Vice Chairman Joseph E. Flescher AYF Commissioner Peter D. O'Bryan AYF Commissioner Gary C. Wheeler AYE Commissioner Bob Solari AYE The Chairman thereupon declared the resolution duly passed and adopted this 2nd_ day of December, 2008. Mary Louise Scheidt, Clerk, Ad Interim By: r4�, (2V-1-1 Deputy Clerk to form and legal MiIrian E. Fell, Senior Assistant County Attorney INDIA IVER COUNTY,, FLORIDA Lam'----�- Wesley S. Davis, Chairman NO TAX CERTIFICATES OUTSTANDING 1952243 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, -BK: 2,197 PG: 326, 10/09/2008 02:57 PM DOC STAMPS D $0.70 a7,n COUNTY ATTORNEY'S OFFICE %¢ INVAN RIVER COUNTY 180127th Street Vero Beach, Florida 32960 This Document Prepared By riAltwaraw Bruce Barkett, Esq. Collins, Brown Caldwell, Barkett & Garavaglia 756 Beachland ioulevard Vero Beach, FL 32963 Parcel ID Number: Special Warranty Deed This Indenture, Made this 2nd day of October , 2008 A.D.. Between RaceTrac Petroleum, Inc., a Georgia corporation, 322-5 Curnberlti.rd I2D. r-llCLnfa , e,A . '6(-) 33R of the County of , State of Florida , grantor, and Indian River County, Florida, a political subdivision of the State of Florida whose address is: 1801 27th Street, Vero Beach, FL 32960 of the County of Indian River , State of Florida , grantee. Witnesseth that the GRANTOR for and in consideration of the sum of -----------------(TEN and no/100) ------------------------- DOLLARS, and other good and valuable consideration to GRANTOR in band paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indian River State of Florida to wit: See attached Exhibit "A" for Legal Description. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to the year 2007. The preparer of this instrument was neither furnished with, nor requested to review, an abstract on the described property and therefore expresses no opinion as to the condition of title. Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said 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 claiming by, through or under grantor. In Witness Whereof,we grantor has hereunto act its hand and seal the day and year first above written. Sieved, sealed and delivered in our presence: RaceTrac Petroleum, Inc A Georgia corporation nn '1 0_1_ By: Pr'iA-Ted Name: atom «C���1J Witness Printed Hama: St r VV\aC a_, h _ Witness As its: P.O. Address: t, -q art, 7 � t STATE OF GEORGIA COUNTY OF COBB Th foregoing instrument was acknowledged before me day of tt:.'T'fFj;&A- , 2008 j Afthis t'�ee�a as Y�4)5�oi of RaceTrac Petroleum, �ALr Inc., a Georgia corporation, on its behalf, who is personally known to me or who has produced a driv license as identification. 3�?fir e.y$ Printed Name:( 444^t4 Notary Public My Commission Expires: Luer Gmerend by 0 Display Synems, Ina., 2001 (167) 7633555 Form FLSWO.1 by EK: 2297 PG: 327 LEGAL DESCRIPTION FOR RIGHT OF WAY DEDICATION SHEET 1 OF 2 (NOT 7O SCALE) NOT VALID W17NOUT SHEET 2 OF 2 LEGAL DESCR/PT/ON.- BEING A PORTION OF LOTS 71 & 12, BLOCK D, VERO LAKE ESTATES UNIT NO. 4, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SE7/4 OF THE SE114 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00-32'37- WEST ALONG THE WEST LINE OF AFORESAID SE114 OF SE114, A DISTANCE OF 108.65 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD #512 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 88081-2403 (SHEET 10 OF 11) AND AS RECORDED IN OFFICIAL RECORDS BOOK 290, PAGE 522, INDIAN RIVER COUNTY RECORDS; THENCE RUN NORTH 88'33'10" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID STATE ROAD ;`512, A DISTANCE OF 50.03 FEET TO THE POINT OF BEGINNING (BEING THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF 108th AVENUE AND THE SOUTHERLY RIGHT OF WAY LINE OF S.R. #512). FROM SAID POINT OF BEGINNING CONTINUE NORTH 8833'10" EAST ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 50.03 FEET; THENCE SOUTH 00'3237" WEST, A DISTANCE OF 206.75 FEET; THENCE NORTH 69'J429" WEST, A DISTANCE OF 50.00 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OF 108TH AVENUE; THENCE NORTH 00'3237" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 205.05 FEET TO THE POINT OF BEGINNING. CONTAINING: 10296.36 SQUARE FEET OR 0.24 ACRES MORE OR LESS, NOTES: 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIP7701V IS N.88:33'>O E ALONG THE SOUTH RICHT OF WAY LINE OF S.R. 512. 3 THE INFORMATION WAS PROVIDED BY 'RACETRAC PETROLEUM, INC. " SURVEYORS CERT/ M4 170N., / HEREBY CERTIFY THAT THE SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE M/N/MUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17--6, FLORIDA STATUTES, AND THAT /T /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. `pI BLOOMSTERT , a 2 V PROFESSIONAL LAND 0A1° ' SURVEYORS INC. ;n om 1=7 . u , ,6. ft-vi5m ROBERT BLOOMSTER 1R. 781 NORTHEAST DIXIE HIGHWAY PROFESSIONAL LAND SURVEYOR .ENSEN BEACH, FLORIDA 34867 NO. 4134 STATE OF FLORIDA PHONE 772-334-0888 w SAFTCH TO ACCOMPANY LEGAL DESCRIPTION PRE`' 13 t T {{ /� It SY� OCAMDARED !LSTAX ADS OBIh AVENUE fl1(\ Jt IL �, FEUSMERE, IND/AN RIVFR COUNTY fLOR/DA 13fC: 2297 PG: 328 { MOT - aa7/DA DEPARTMENT a� 7RANSPQPTAnON Pow OF COMMENCEMENT PB — PUT Boar NW CORNER OF --EY/4, PC - PAc£ % SE114, SECTION 20 -J1 -J5 Ij NORTH UNE OF SE1 4 OF SV/7 OF SECTION 20 IO I CENTERLINE AS PER FDOr MAP SECTION 88081-2403 SHEET 10 0 11 FELL -WERE ROAD (STA 7E' ROAD 512) RICHT OF WAY ✓ARIES if la I �� � � Rrq�,r3Qt't ►', r�1Kf�� rye,. 90, Wiz) r�Ao£u � �lgv) 4.3fi� aP�yA/Yh(c� Fcdiv at w r r�µj�e �" I 1 I % 3LIj5�a:tVw�>ir'�T afr ' 4�rr *IJ�LRR�'�T iif'�F�'n� 340.-21. SOUTH RICHT OF WAY LINE AS PER FDOT MAP SECTION 88081-2403 (SHEET f0 OF 11) \ N8 T��Q■E I� 60' 72 LOT 13 LOT 1 LOT 12 -tiQBLOCK 'D' I I BLOCK C' LOT 11 LOT 2e �- ^ LOT 11 -- N89J429" Y 3 50. 00 o� LOT 10 LOT J LOT 10 a LOT 9 LOT 4 LOT 9 N 9'34'29 "W J40.00' I LOT 8 1 LOT 5 SKETCH OF DESCRIPTION i FOR RIGHT OF WAY DEDICATION SHEET 2 OF 2 (NOT TO SCALE) NOT ✓ACID WITHOUT SHEET 1 OF 2 iexHIE31T "All BLOOMSTER PROFESSIONAL LAND SURVEYORS,INC. LA 4 WO 791 NORTHEAST DIXIE HIGHWAY JENSEN BEACH, FLORIDA 34987 N. PHONE 772-334-088H III�� to NI I� I a I L I�I ISI I � w� Illry I I 40' I SOUTH RICHT OF WAY LINE AS PER FDOT MAP SECTION 88081-2403 (SHEET f0 OF 11) \ N8 T��Q■E I� 60' 72 LOT 13 LOT 1 LOT 12 -tiQBLOCK 'D' I I BLOCK C' LOT 11 LOT 2e �- ^ LOT 11 -- N89J429" Y 3 50. 00 o� LOT 10 LOT J LOT 10 a LOT 9 LOT 4 LOT 9 N 9'34'29 "W J40.00' I LOT 8 1 LOT 5 SKETCH OF DESCRIPTION i FOR RIGHT OF WAY DEDICATION SHEET 2 OF 2 (NOT TO SCALE) NOT ✓ACID WITHOUT SHEET 1 OF 2 iexHIE31T "All BLOOMSTER PROFESSIONAL LAND SURVEYORS,INC. LA 4 WO 791 NORTHEAST DIXIE HIGHWAY JENSEN BEACH, FLORIDA 34987 N. PHONE 772-334-088H