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HomeMy WebLinkAbout2008-157,fie: 'Po-14ise Bay Submerged Land `(ax ID #33-40-21-00000-0030-00003.1 RESOLUTION NO. 2008- 157 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 Quitclaim Deed recorded in OR Book 2285, Page 1063 (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 submerged lands in Porpoise Bay. • The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector. vote, The resolution was moved for seconded by Commissioner JDseph ado E. tion by Commissioner Peter Flescher and, upon being D. 0' Bryan and the vote the was motion was as follows: put to a vote, Chairman Sandra L. Bowden Absent Vice Chairman Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Ave Commissioner Gary C. Wheeler Absent The Chairman thereupon declared the resolution duly passed and adoptedrthis_23rc 2008. INDIAN RIVER COUNT_' Attest: J. K. Barton, Clerk ey: �o Deputy Clerk R! Marian E. Fell, Senior Assistant County Attorney S. In r, NO TAX CERTIFICATES OUTSTANDING 1941,311 RECORDED IN THE RECORDS OF JEFFREY K RIVER CO FL, BK: 2285 PG: 1063, 08/13/2008 Q&C't�, a COUNTYATTORNEY'S OFFICE INDIAN RIVER COUNTY' 1801 27th Street Vero Beach, Florida 32960 Prepared byYiiammia: William W. Caldwell, Esq. Collins, Brown, Caldwell, Barkett & Garavaglia, Chtd. 2125 Windward Way Vero Beach, FL 32963 (772)231-6540 Parcel I.D. #33-40-21-00000-0030-0000311 BARTON, CLERK CIRCUIT COURT INDIAN 10:43 AM DOC STAMPS D $0.70 QUITCLAIM DEED THIS INDENTURE, made this42A day of 4udaSr 2008, between, William W. Caldwell, individually and as Trustee, whose mailing address is 2125 Windward Way, Vero Beach, Florida 32963, Grantor; and Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, Grantee. WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and quit -claimed to the Grantee, and Grantee's assigns forever, the real estate described in ExhibitA attached hereto, said land situate, lying and being in Indian River County, Florida. SUBJECT TO the riparian rights of the abutting upland property owners and the rights of lot owners abutting the property said lots being more particularly described in the Plat of the Moorings Unit Three, Plat Book 8, Page 63, Public Records of Indian River County, Florida. THE GRANTOR warrants to the Grantee that the above-described property is not the Grantor's homestead and that Grantor does not live adjacent or contiguous thereto. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever. IN WITNESS WHEREOF, year first above written. Signed, sealed and delivered in our presence: n the Grantor has hereunto set his hand and seal the dayand William W. Caldwell, Trustee 1 2125 Windward Way Vero Beach, FL 32963 BK:j., 2285 PG: 1064 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 4VA day of bu l _, 2008, by William W. Caldwell, Individually and as Trustee, who is personally known to me or has produced as identifli a: n. Notary Public, Staffi of Florida at My Commis! io a pires: /D/i'7/G AAM , BRAZEN i pp y�globor l7, lfIDBpbovX�eee.Ca BK:,," 2285 PG: 1065 Caldwell s/t County - submerged kinds Exhlbit"A" to Deed A parcel of submerged land In Porpoise Bay In Section 21, Township 33 South,. Range 40 East, Indian River County, more particularly described as follows: Fromi the Northeast comer of Government Lot 3 of said Section 21, run South 0008'20' East along the East boundary of said Government Lot a distance of 661.20 feet to a point which Is 660.00 feet from the Southeast comer of said Government Lot; thence run West along the Porth line of the South 660.00 feet of said Government Lot a distance of 871.06 feet to a point where the mean or ordinary high water line of Porpoise Bay which Is part of the Indian River Intersects the said Ane which said point Is the point of beginning; thence run South a distance of 160.00 feet; thence nm East a distance of 470.16 feet; thence run South 77017'40" East a distance of 538.85 feet; thence run South 4056'30' West a distance of 222.37 feet; thence nm West parallel with the South Ina of said Government Lots 3 and 4 a distance of 64&5 feet; thence run South a distance of 16100 feet to the Intersection of the South One of said Government Lot 3 which said point Is the ordinary or mean high water One of said Porpolse-Bay; thence meanderfirst In an Easterly direction and continuing in a Northerly direction and continuing in a Westerly direction along the ordinary or mean high water One of said Porpoise Bay to the Point of Beginning. Less and except: A parcel of submerged land In Porpoise Bay In Section 21, Township 33 South, Range 40 East, Indian River County, Florida, being a porton of O.R. Book 66, page 1 and O.R. Book 564, page 1833; of the Public Records of Indian River County, Florida, more particularly described as follows: from the Northeast comer of Government. Lot 3 of said Section 21, run South 00006'06" West along the East One of said Government. Lot 3 a distance of 660.69 feet to a point which Is 660.00 feet North of the Southeast comer of said Government. Lot 3; thence North 89046147' West along the North line of the South 660.00 feet of said Government. Lot 3 a distance of 790.88 feet, ,rare or less, to a point on the mean high water line of Porpoise Bay which Is part of the Indian -River, said point being the .point of beginning of the herein described parcel; thence continue North 89046'47" West 80.18 feet to a point which Is 871.06 feet fromthe East One of.said Government. Lot 3 as described in said O.R. Bock 66, page 1; thence South OD013'13' West 160.00 feet; thence South 89046'47' Fast 470.16 feet; thence South 7760427" East 425.22 feet to a point, said point bears South 53003'13' West and a distance of 202.05 feet from a point on the Southerly line of O. R. Book 564, page 1831, of the Public Records of Indian River County, Floride,.sald point on said Southerly line Is also the centerline of an easement described in O.R. Book 564, page 1834, of said Public Records; thence North 20"1T02' West 65.79 feet, more or less, to the mean high waterline of Porpoise Bay; thence meander said mean high water line of the following courses; South 69003'008' West 12.80 feet; thence North 75°55'41" West 40.52 feet; thence North 73030'17" West 29.63 feet; thence North 76027'41" West 30.72 feet; thence South 84014'35' West 20.93 feet; thence South B8015'37' West 24.78 feet; thence North 74013157' West 26:08 feet; thence North 70021'490 West 23.81 feet; thence South 6152'32' West 24.47 feet; theme North 74029'01" West 27.10 feet; thence North 87022153" West 24.76 feet; thence North 75012120" West 35.20 feet; thence North 66°03'33" West 44.60 feet; thence North 79012'24" West 41.15 feet; thence South 84007'15' West 32.18 feet; thence South 72043'23" West 21.92 feet; thence North 65939'18' West 31.65 feet; thence North 73°0471" West 29.53 feet; thence South 85028'06' West 13.60 feet; thence South 84015'19" West 36.61) feet; thence North 81004'34" West 96.56 feet; thence North 53039'49' West 37.41 feet; thence North 69013'29' West 62.29 feet; thence North 71050'15" West 112.03 feet to the Point of Beginning. Also less and except any portion of the above described submerged land parcel as conveyed to The Moorings Club, Inc. by Qui Claim Deed recorded in 0,R. Book 963, page 1.600 and re-recorded in O.R. Book 970, page 389 and conveyed to Porpoise Bay Boat Club, Inc. as recorded in O.R. Book 963, page 1686 and re-recorded in O.R. Book 970, page 387, all of the Public Records of Indian River County, Florida.