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Home My WebLink About2007-074name: Shelby Homes at Millstone, Inc. purpose: right-of-way dedication location: (37th Avenue, S.W. between 17th Street, S.W. and 21st Street, S.W.) cut out from 33-39-34-00001-0060-00003.0 RESOLUTION NO. 2007- 074 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A RIGHT- OF-WAY DEDICATION AND CANCELLING CERTAIN 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 1 F:\Attorney\Nancy\DOCS\RES\Reso cancelling taxes milstone landing.doc RESOLUTION NO. 2007- 074 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, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The dedication of right-of-way as described in Book 2173, at Page 176 of the Public Records of Indian River County, Florida, is hereby accepted; and 2. Any and all liens for taxes delinquent or current against the following described land, which was acquired for right-of-way from Shelby Homes at Millstone, Inc. is hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2173, Page 176, Public Records of Indian River County, Florida. 3. 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 a copy to each of Fixed Assets, Budget, and the County Attorney's Office. 2 F:\Attorney\Nancy\DOCS\RES\Reso cancelling taxes milstone Ianding.doc RESOLUTION NO. 2007- 074 The resolution was moved for adoption by Commissioner Bowden and the motion was seconded by Commissioner Davi s , and, upon being put to a vote, the vote was as follows: Gary C. Wheeler, Chairman Aye Sandra L. Bowden, Vice Chairman Aye Wesley S. Davis Aye Joseph E. Flescher Aye Peter D. O'Bryan Aye The Chairman thereupon declared the resolution duly passed and adopted this 17th day of July , 2007. ATTEST: Jeffrey K. Barton, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited With Tax Collector $ 3 heeler, Chairman F:Wttorney\Nancy\DOCS\RES\Reso cancelling taxes milstone Ianding.doc APPROVED AS TO PORN AND LEGAL SUFFICIENCY WILUAM O. COLLINS II ` COUNTY ATTORNEY THIS INSTRUMENT PREPARED BY: Eric A. Simon, Esquire 6363 N.W. 6th Way, Suite 250 Ft. Lauderdale, FI 33309 1841131 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2173 PG:176, Pagel of 3 08/08/2007 at 09:44 AM, D DOCTAX PD $0.70 JEFFREY K BARTON, CLERK OF COURT WARRANTY DEED THIS INDENTURE, made this3) day of , 2007, by and between Shelby Homes at Millstone, Inc., a Florida corporation, whose addr s is 6363 NW 6th Way, Suite 250, Ft. Lauderdale, FL 33309, (Grantor), and Indian River County, whose address is 1840 25th Street, Vero Beach, FL 32960 (Grantee). WITNESSETH: Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations, to it in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained and sold to Grantee, and its successors and assigns of Grantee, forever, the following described real property located in Indian River County, Florida, together with all of the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. See Exhibit "A" attached hereto ( ) zoning; This conveyance is subject to the following: (i) existing iI taxes for all subsequent years. AND said Grantor does hereby fully warrant the title to said property and will defend the same against the lawful claims of all persons whomsoever. WITNES E Print Name Print Name: Shelby Homes at Millstone, Inc., a Florida corporation By: STATE OF FLORIDA COUNTY OF BROWARD obert Shelley, President The foregoing instrument was acknowledged before me this 3 day of m , 2007, by Robert Shelley, president of Shelby Homes at Millstone, Inc., a`Elorida corporation, on behalf of the corporation. He is personally known to me asid,ntifreefieli- SEAL: KRISTEN FERRETTI Commission DD 655936 Expires May 22, 2011 sandal Nei*/ Pain X800,985.7019 State of Flo rge Exhibit "A" Sketch of Legal Description for Proposed Right of Way Dedication Indian River County, Florida, Sheet 1 of 2 Not Valid Without All Sheets LEGAL DESCRIPTION A PORTION OF TRACT 6, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE S89'36'26"E ALONG THE NORTH LINE OF SAID SECTION 34 A DISTANCE OF 1998.05 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE WEST 20 ACRES OF TRACT 3 OF SAID SECTION 34; THENCE S00°22'22"W ALONG SAID EAST LINE OF THE WEST 20 ACRES A DISTANCE OF 1331.31 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID TRACT 6 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE S00°22'22"W ALONG THE EAST LINE OF THE WEST 20 ACRES OF SAID TRACT 6 A DISTANCE OF 665.50 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 1/2 OF SAID TRACT 6; THENCE S89'36'19"E ALONG THE SAID SOUTH LINE A DISTANCE OF 11.47 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF SAID TRACT 6; THENCE NO0°23'42"E ALONG THE SAID WEST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF TRACT 6 A DISTANCE OF 665.53 TO AN INTERSECTION WITH THE SAID NORTH LINE OF TRACT 6; THENCE N89'36'12"W ALONG SAID NORTH LINE OF TRACT 6 A DISTANCE OF 11.73 FEET TO THE POINT OF BEGINNING; CONTAINING A TOTAL OF 7,718.7 SQUARE FEET OR .177 ACRES, MORE OR LESS. SUR VEYORS NOTES 1) BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 34, WHICH BEARS S002222"W. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESC/P770N TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4) THIS SKETCH MEETS 77 -IE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTA71VE CODE, PURSUAN T TO SECTION 472.027, FLORIDA STATUTES. LEGEND R/W RIGH T—OF— WAY NO. NUMBER d DELTA ANGLE R RADIUS PB PLAT BOOK L LENGTH PG PAGE CH CHORD DISTANCE SEC SECTION CB CHORD BEARING PSM PROFESSIONAL SURVEYOR AND MAPPER Exhibit "A" Sketch of Legal Description for Right of Way Dedication Indian River County, Florida Sheet 2 of 2 Not Valid Without All Sheets NORTH LINE SEC 34-33-39 S8936 26 E(BASIS OF BEARINGS) 1998.05' 17th STREET S.W. PO/NT OF COMMENCEMENT 1 NW CORNER SEC 34-33-39 TRACT 4 1b — SOUTH LINE TRACT 4 NORTH LINE ]RACY 5 _ _ GRAPHIC SCALE I (aril) 1 Inch . 400 R TRACT 5 L WEST 20 ACRES TRACT 3 PROPOSED SO' RAF .17th IK ORB2160, PG 109.2 SOUTH LINE TRACT 3 NORTH LINE TRACT 6 WEST 20 ACRES TRACT 6 oct 2Q p 58936'19"E 11.47' POINTOF BEGIIYMNG N8936'12"W 11.73' NORTH LINE In "? OF TRACT 6 N1/2 OF E1/2 TRACT 6 I � I 30' RIGHT—OF—WAY I— i— I SOUTH LINE OF INDIAN DISTRICT B 10 CANAL FARMS DRAINAGE i � THE NORTH 1/2 I I S 1/2 OF E 1/2 TRACT 6 - 21st - S- TT?LET SW- -- SOUTH (LINE OF TRACT 6 I 30' RIGHT—OF-WAY TRACT 12 TRACT 11