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HomeMy WebLinkAbout2011-05331-37-00-00001-1451-00002.0 acquired from Wayne Yates a/k/a Roy Wayne Yates public purpose: for use in conjunction with adjacent water treatment plant RESOLUTION NO. 2011- os3 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, 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 to make proper entries upon the records to accomplish such cancellation and to Jo all things necessary to carry out the provisions of section 196.28, F.S.; RESOLUTION NO. 2011- n5*1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands, which were acquired by the City of Fellsmere for use in conjunction with adjacent water treatment plant, are hereby cancelled pursuant to the authority of section 496.28, F.S. See attached Warranty Deed from Wayne Yates a/k/a Roy Wayne Yates to City of Fellsmere, Florida describing lands, recorded in Book 2507 at Page 1225, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Davis ,and the motion was seconded by Commissioner Flescher, and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Gary C. Wheeler Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Ay e Aye Ave Aye Aye RESOLUTION NO. 2011- 053 The Chairman thereupon declared the resolution duly passed and adopted this 16thday of August, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Tax Certificates Outstanding ✓ Yes No Current Prorated Tax Received and Deposited with Tax Collector $ 3 l 3'I 2147739 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2507 PG: 1225, 06/24/2011 10:23 AM DOC STAMPS D $70.00 Tax Stamp $70.00 Contract Sale Amount $10,000.00. . Prepared By & Retum To: Warren W. Dill, Esq. Dill & Evans, P. L. 1565 U.S. Highway 1 Sebastian, FL 32958 Parcel Identification No. 3 1-3 7-00-0000 1-145 1-000 02.0 data ---------------------------------- Warranty Deed (STATUTORY FORM - SECTION 689.02, F,S.) This Warranty Deed, made thisy of June, 2011, between Wayne Yates also known of record as Roy Wayne Yates, a single adult, whose address is PO Box 902, Fellsmere, FL 32948, Grantor, and City of Fellsmere, Florida, a municipal corporation existing under the laws of the State of Florida, whose post office address is 22 South Orange Avenue, Fellsmere, FL 32948, the Grantee. Witnesseth, that said Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit:, See Exhibit "A" att ached hereto and by reference made a part hereof. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Subject to Said property is vacan governmental regulations, covenants, rights of way, restrictions, easements and reservations of record, if any, but this provision shall not operate to reimpose the same, and taxes for the year and subsequent years: t land and not the constitutional homestead property of the Grantor under the laws and constitution of the State of Florida. Grantor's homestead address is: 9400 South Babcock Street, Fellsmere, Florida 32948. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever and that said land is free of all encumbrances, except as stated herein and taxes accruing subsequent to December 31, 00 .1 In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: WITNESSES: I I , <„ tll�Ti7��rlll,�li� 12"27 1711 :. Wayne Yates o Wknown Roy orse ates % as State of Florida County of Indian River The foregoing instrument was acknowledged before me this day of June, 2011 by Wayne Yates also known of record as Roy Wayne Yates, a single adult who [ ] is/are personally known to me or has/have produced a driver's license issued by the State of FLORI Ott- as identification. [Notary Seal) JUMU Notary Public _ Commission No. Printed Name: GQUd,1Q t�lQ�Qlit�l My Commission Expires: y BK: 2507 PG: 1226 That certain below -described real property situated in unsurveyed Township 31 South, Range 37 East, of the Fellsmere Farms Company Subdivision, according to the Plat thereof, as recorded in Plat Book 2, Pages 1 and 2, of the Public Records of St. Lucie County, Florida, said property now lying and being in Indian River County, Florida, more particularly described as follows: ALL OF TRACT 1451, LESS AND EXCEPT only such portion of said TRACT 1451, if any, as is included within the property described in and subject to that certain Partial Release of Mortgage recorded May 31, 1989, under Clerk's document No. 600880, Official Records Book 832, Page 1778, Public Records of Indian River County, Florida, and further Less any portion of the said tract described in that certain Mortgage Modification Agreement recorded in Official Records Book 841, Pages 2303 through 2305, of the Public Records of Indian River County, Florida. LESS AND EXCEPT THEREFROM THOSE LANDS AS DESCRIBED IN: Deed recorded in Official Records Book 852, at Page 509; Deed recorded in Official Records Book 990, at Page 1259; Deed recorded in Official Records Book 1295, at page 1865; and Deed recorded in Official Records Book 1688, at Page 981, all of the Public Records of Indian River County, Florida. The above property is more particularly described as follows: METES AND BOUNDS SURVEYED DESCRIPTION A PORTION OF TRACT 1451, "PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF ALL UNSURVEYED PART OF TOWNSHIP 31 SOUTH OF RANGE 37 EAST IN ST. LUCIE COUNTY, STATE OF FLORIDA" AS RECORDED IN PLAT BOOK 2, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCIN G AT THE NORTHWEST CORNER OF TRACT 1451, "PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF ALL UNSURVEYED PART OF TOWNSHIP 31 SOUTH OF RANGE 37 EAST IN ST. LUCIE COUNTY, STATE OF FLORIDA" AS RECORDED IN PLAT BOOK 2, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, RUN SOUTH 87017141" EAST ALONG THE NORTH LINE OF SAID TRACT 1451, ALSO BEING THE SOUTH RIGHT OF WAY LINE OF THE "FELLSMERE RAILROAD RIGHT OF WAY" OF SAID "PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION", A DISTANCE OF 681.10 FEET TO THE EAST LINE OF SAID TRACT 1451; THENCE RUN SOUTH 00031'25" WEST ALONG SAID EAST LINE, A DISTANCE OF 100.07 FEET; THENCE RUN NORTH 87°17'41" WEST, PARALLEL WITH AND 100 FEET NORMAL TO THE AFORESAID NORTH LINE OF TRACT 1451, A DISTANCE OF 681.10 FEET TO THE AFORESAID WEST LINE OF TRACT 1451; THENCE RUN NORTH 00031'25" EAST ALONG SAID EAST LINE A DISTANCE OF 100.07 FEET TO THE POINT OF BEGINNING. Page 2 Exhibit "A"