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.