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HomeMy WebLinkAbout2008-156Re: 53� StreF1 (NAP Indian River) Tax ID #32-39-23-00000-3000-00005.0 RESOLUTION NO. 2008- 156 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 2286, Page 1235 (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 53rtl Street. • 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 Peter D. 0' Bryan , and the motion was seconded by Commissioner Joseph E. Fl escher , and, upon being put to a vote, the vote was as follows: Chairman Sandra L. Bowden Absent Vice Chairman Wesley S. Davis Aye `n ItIIII[$ Commissioner Joseph E. Flescher Ave o st Wti'Iri(; Commissioner Peter D. O'Bryan Aye ,, Commissioner Gary C. Wheeler Absent A The Chairman thereupon declared the resolution duly passed and adopted this{ 23rd day:ofSeptember, 2008. �' �µF: • c Attest: J. K. Barton, Clerk % By: — erk .� I -P 4, Deputy Clerk as to form and Assistant County Attorney Y'FLORIDA r. *Wesley S. Davis, NO TAX CERTIFICATES OUTSTANDING 194275 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RI`VV)ER CO FL, BK: 2286 PG: 1235, 08/18/2008 04:40 PM DOC STAMPS D $1955.80 This Document Prepared By and Retire w; Bruce Barkett, Esq. Collins, Brottn, Caldwell, Barkett 6 Garavaglia Attorneys at Law 756 Boachland Boulevard Vero Beach, FL 32963 Rres11DNumber:32 39 23 00000 3000 00005/0 (part of) Special Warranty Deed This Indenture, Made this 1Z day of �tk^dS'� ,2006 AD., Between NAP Indian River LLC, a Florida limited liability company of the Cowry of Lee r Stam of Florida , grantor, and Indian River County, Florida, a political subdivision of the State of Florida, whose Wacsa is: 1801 27th Street, Vero Beach, FL 32960 of the Comy of Indian River I Sore of Florida , grantee. Witnesseth that the GRANTOR, for soder consideration ordw sum of _________________________________________________________--- DOLLARS, and ocher good and valuable consideration d GRANTOR in hand paid by GRANTEE, the receipt whereof u hereby wlmowledged, has granted. bargained and sold to the said GRANTEE and GRANTEE'S heirs, sucomaore and assipu forever, ma follawing dmmibrd Imo shown, lyingandkinginthc Comryof INDIAN RIVER Such: of Florida mord: SEE ATTACHED EXHIBIT "A" Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to the year 2007. Together with all tenement, hereditaments and appurlmances Lomb belooging or in mywve ggeruinwg. To Have and to Hold, the same in Be simple forever. And sire grantor hereby cu ec mt with said grmke that grantor u lawfully wind of said Iced in fee simple; mat grantor has good right and lawful authority In sell and wavey said land; IWt grantor hereby " warrants fire due to said land and will defend [he same anchor the lawful claims of all persao claiming by, through or defier greeds. In Witness Whereof, the grantor has heremm sw in hand and sw the ay and your revs above writer. Signed, sealed and delivered in our presence: NAP Indian River LLC A Florida limited liability company BY: NAP Invest7ritip nag TSt Company, Inc. A Georgia co eti MANAGER �((A.f-',i BY ; �sAA,11gANAOp4 rrif§eal Printed Name: ,7��Z Shawn R. McIntyre, Witness Construction — Bouts t i�r '�iOs P.O. AdAus: 75M Orange Parkway W Is" Ft Mysm FL 33f0'/ 7 i= �bRn9 •t Prim Name: N Vais'�tlayv� ,,'ere.l� Witness fdff4111111111` STATE OF �rWln (Corporate Sea]) COUNTY OF Lae - The foregoing instrument was adnowledged before me this /'.'N. ay ofJVf , 2008 by Shawn R. McIntyre, as Vice-Preaident, Construction, Southeast Operations, of NAP Investments Management Company, Inc., a Georgia corporation, on its behalf, Manager of NAP Indian River LLC, a Florida lity company �f be u pmmaBykaown to m he ho proaud ba ,yl� driver I a license as identification. ` - u on Pubic suds al sena Printed Name:/���i ^t.,:� R,x Notary Public rcpa; Dy C• -"mi M 00501912 M Cominisaioo .i ,_;i'{.er E_nFas O]I11fA10 y ��� 3 -17 -lo 02-247-0e L (r \" BK: 2286 PG: 1236 EXHIBIT "A" 1 of 2 NAP INIhr..yN RIVER, l i Ll I ! I ;l r 1 OFI ... Y SKETCH d DESCRIPTION PART OF •- OF •- OF • TOWNSHIP 32 SOUTH,L• EAST, IND14NCOUNTY,•-D• RICHT—OF—WAY SKETCH AND DESCRIPTION FOR 53RD STREET (KINGSBERRY ROAD) A PORTION OF THE NORTHWEST ONE—QUARTER (1/4) OF THE NORTHWEST ONE—QUARTER (1/4) OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. LYING EASTERLY OF U.S. HIGHWAY NUMBER I AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 23. TOWNSHIP 32 SOUTH, RANGE 39 EAST. RUN SOUTH 89'56'56" EAST ALONG THE NORTH LINE OF SAID SECTION 23 A DISTANCE OF 1338.72 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST ONE—OUARTER (1/4) OF THE NORTHWEST ONE—QUARTER (1/4) OF SAID SECTION 23; THENCE RUN SOUTH 00'05'01" EAST ALONG THE EAST LINE OF SAID NORTHWEST ONE—QUARTER (1/4) OF THE NORTHWEST ONE—QUARTER (1/4) A DISTANCE OF 58.00 -FEET TO THE INTERSECTION WITH THE SOUTH RIGHT—OF—WAY LINE OF 53RD STREET (KINGSBERRY ROAD) AS IT NOW EXISTS; THENCE RUN NORTH 89'56'56 WEST ALONG SAID SOUTH RICHT—OF—WAY LINE A DISTANCE OF 137.96 FEET TO THE POINT OF BEGINNING: FROM SAID POINT OF BEGINNING CONTINUE NORTH 89'56'56" WEST A DISTANCE OF 180.04 FEET; THENCE RUN SOUTH 00'03'04" WEST A DISTANCE OF 12.00 FEET; THENCE RUN NORTH 89'56'56" WEST A DISTANCE OF 470.62 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 5449035" AND A CHORD BEARING AND DISTANCE OF SOUTH 87408'17" WEST, 10.16 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 10.17 FEET TO A POINT OF INTERSECTION WITH A NON—TANGENTIAL LINE; THENCE RUN NORTH 00'00'27"'EAST ALONG SAID NON—TANGENTIAL LINE A DISTANCE OF 24.52 FEET TO A POINT ON THE AFOREMENTIONED SOUTH RIGHT—OF—WAY LINE OF 53RD STREET (KINGSBERRY ROAD): THENCE RUN SOUTH 89'56'56" EAST ALONG SAID SOUTH RIGHT—OF—WAY LINE A DISTANCE OF 660.80 FEET; THENCE RUN SOUTH 00'05'01" EAST A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA AND CONTAINING 13.701 SQUARE FEET (30.315 ACRES), MORE OR LESS. 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP 15 FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS—OF—WAY, EASEMENTS OF RECORD, RESERVATIONS, OWNERSHIP, ABANDONMENTS, DEED RESTRICTIONS, ZONING REGULATIONS OR SETBACK LINES, LAND USE PLAN DESIGNATION, ADJOINING DEEDS OR MURPHY ACT DEEDS. THIS SURVEY IS NOT INTENDED TO DELINEATE WETLANDS. LOCAL AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL DETERMINATION. 3. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP. 4. THIS IS NOT A BOUNDARY SURVEY. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY. 5. BEARING DATUM SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 1999 AND PROJECTED IN THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901). THE BEARING ALONG THE NORTH LINE OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST IS SOUTH 89'56056" EAST. ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 6. ALL REFERENCES TO PLAT BOOKS OR OFFICIAL RECORD BOOKS ARE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 7. THIS SKETCH AND DESCRIPTION CONSISTS OF 2 SHEETS AND SHALL NOT BE CONSIDERED VALID UNLESS BOTH SHEETS ARE PRESENT AND SHEET 1 BEARS THE ORIGINAL SIGNATURE AND RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER. INDIAN RIVER COUNTY, FLORIDA, A COUJNS. BROWN, CALDWELL. BARM ATTORNEYS' TITLE INSURANCE F_* NAP INDIAN RIVER LLC, A FLORIOA FLORIDA LICENSE No. 5728 CARTER ASSOCIATES, INC. LB 205 STATE OF FLORIDA rB' REV. 8/12/00 - NAMES CERT. pROJ. 03-]]E REV. 6/19/06 - REVISE PER ATTY COMMENTS DWG A 18421-A PREPARED BY — SHEET 1 OF 2 CARTER ASSOCIATES INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 PAST STREET 77Z—E62-4101 (TEL) VERO BEACH._PLORFDA 92000-9472 772-8ZZ-7180 (PAX) BK: 2266 PG: 1237 NAP INDIAN RIVER - ADDITIONAL RIGHT-OF-WAY Y DEDICA477ON SKETCH & DESCRIP77ON PART OF THE NORTHWEST 114 OF THE NORTHWEST 1/4 OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA PONT Q< COMMENCEMENT FOUND NORTH LINE OF SECTION 23 NAIL Wt Ta' BRASS DISK STAMPED 'LB 6426' NORTHWEST CORNER OF D.R.B. 882. EXISTING SOUTH R/W SECTION 23, TOWNSHIP 32 SOUTH, PG. 2040♦ 53RD STREET RANGE 39 EAST I.R.CO.. FL. HE COR OF NOW 1/4 1 4 15 14 _ 1 5 89�56'S6' E 1 23 - \ 1 \ \ P.cc 1 T,`1 1 1 1 '` \ R=17128.75 \tll ^ 1 L=81{.76' tlyHn jyL^LjiUVL` CHB -N.1 ]389 {'W. mv 1 CH=814.69' EXHIBIT "A" 2 of 2 OF NW 1/4, SEG 23, 901051 ER?rRCALY S.89'56'56"E. -� T 32 S, R 39 E. X1338.72 660.80' S OOV5'01' E 12.00' �R=100.00 00'00127"E. L=10.17 S 00'03'04' W 24.52' 4-5'49'35" 12.00' Ch B=587'08'170W Ch -10.16 EAST UNE OF THE NW 1/4 OF NW 1/4— NW P/4 OF THE NW V4 1 \ SECTION 23, TOWNSMP 32 SOUTH, RANGE 39 EAST _N 1` 111 1 \ a4 N O II ID1 it \ -1 1 - 1 �1 1 I 1� ^ z ~ 1 11 L GRAPHIC SCALE Pp NEW EAST RIWT-OF-WAY LINE OF U.S. HIGHWAY Ne. 1 (STATE ROAD NO. 5)wl 30D 0 150 300 800 ( IN FEET ) 1 inch = 300 (t. N 89'48'12' W 598.2] N. LINE OF PARCEL DESCRIBED IN O.B. 42. PG. \ 180'04 1 .9 .1 �5 OOVS'O1' E N 6958'56" W 470.62' - l N 6'56'56" W 58.00' �R=100.00 00'00127"E. L=10.17 S 00'03'04' W 24.52' 4-5'49'35" 12.00' Ch B=587'08'170W Ch -10.16 EAST UNE OF THE NW 1/4 OF NW 1/4— NW P/4 OF THE NW V4 1 \ SECTION 23, TOWNSMP 32 SOUTH, RANGE 39 EAST _N 1` 111 1 \ a4 N O II ID1 it \ -1 1 - 1 �1 1 I 1� ^ z ~ 1 11 L GRAPHIC SCALE Pp NEW EAST RIWT-OF-WAY LINE OF U.S. HIGHWAY Ne. 1 (STATE ROAD NO. 5)wl 30D 0 150 300 800 ( IN FEET ) 1 inch = 300 (t. N 89'48'12' W 598.2] N. LINE OF PARCEL DESCRIBED IN O.B. 42. PG. 80t, S.LC., FL., ii a 0 m CB a CHORD BEARING Ch -CHORD LENGTH COR. -CORNER D.B. -DEED BOOK A -DELTA ANGLE FL FLORIDA L -ARC LENGTH PG -PAGE P.O.B. - PONT OF BEGINNING R - RADIUS R/W - RIGHT -Cf -WAY SEC. - sleenoN SLC. - ST. LUdE COUNTY T 32 S - TOWNSHIP 32 SOUTH R 3 9 E -RANGE 39 EAST PROD. 03-77E DWG N I8 421 -A — PREPARED 8Y — SHEET z of z REV. 8/12/08 -NAMES CERT. REV. 6/19/08 - RENSE PER aTTV COMMENTS 80t, S.LC., FL., ii a 0 m CB a CHORD BEARING Ch -CHORD LENGTH COR. -CORNER D.B. -DEED BOOK A -DELTA ANGLE FL FLORIDA L -ARC LENGTH PG -PAGE P.O.B. - PONT OF BEGINNING R - RADIUS R/W - RIGHT -Cf -WAY SEC. - sleenoN SLC. - ST. LUdE COUNTY T 32 S - TOWNSHIP 32 SOUTH R 3 9 E -RANGE 39 EAST PROD. 03-77E DWG N I8 421 -A — PREPARED 8Y — SHEET z of z REV. 8/12/08 -NAMES CERT. REV. 6/19/08