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HomeMy WebLinkAbout2011-08931-37-00-00001-1452-00001.0 acquired from Bettye N. Galbraith, an unremarried widow public purpose: for use in conjunction with adjacent water treatment plant RESOLUTION NO. 2011- os9 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 do all things necessary to carry out the provisions of section 196.28, F.S.; 31-37-00-00001-1452-00001.0 acquired from Bettye N. Galbraith, an unremarried widow public purpose: for use in conjunction with adjacent water treatment plant RESOLUTION NO. 2011- os9 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 do all things necessary to carry out the provisions of section 196.28, F.S.; RESOLUTION NO. 2011- 089 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 196.28, F.S. See attached Warranty Deed from Bettye N. Galbraith, an unremarried widow to City of Fellsmere, Florida describing lands, recorded in Book 2517 at Page 786, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Flesche�and the motion was seconded by Commissioner a is vote, the vote was as follows: Chairman Bob Solari Vice Chairman Gary C. Wheeler Commissioner Wesley S. Davis Dav Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan 2 Aye Aye v e Awe Aye Abeinput to , upon g RESOLUTION NO. 2011- 089 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF o UNTY COMMISSIONERS OF INDIAN FL ORIDA, that: any and all liens for taxes delinquent or current de: ; 3ed lands were acquired by the City of RIVER COUNTY, which against the following ;� Fellsmere for use in tion with ad'acent water treatment plant, are hereby to tl i'ithority of section 196.28, F.S cancelled pursuant See attached Warranty Deed from Bettye N, Galbraith, an unremarried widow to City of Fellsmere, Florida describing lands, recorded in Book 2517 at Page 7863 Public Records of Indian River County, Florida. ��t:resolution was moved for adoption by CommissionerFle_rand the m Mkiii was seconded by CommissionerDav_ and, upon being put to a vote 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 2 Aye Ave Ave Aye Aye RESOLUTION NO. 2011- 089 The Chairman thereupon declared the resolution duly passed and ae d this Ott, day of October, 2011. B\, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Splpri, Chairman �r Ik erk:40 Feip. � _ ;ertificates Outstanding ( nt Prorated Tax Received Cl Oeposited with Tax Collector APPROVE®AS TO .AND LEGAI S� t� ATTORNEY Yes No 3 RESOLUTION NO. 2011- 089 The Chairman thereupon declared the resolution duly passed and ae d this Ott, day of October, 2011. B\, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Splpri, Chairman �r Ik erk:40 Feip. � _ ;ertificates Outstanding ( nt Prorated Tax Received Cl Oeposited with Tax Collector APPROVE®AS TO .AND LEGAI S� t� ATTORNEY Yes No 3 135 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN R CO FL, BK: 2517 PG: 7861 08/12/2011 09:53 AM DOC STAMPS D $42.00 Tax Stamp $42.00 Contract Sale Amount $6,000.00 pared By & Katzen To: i ren W. Dill, Esq. Il & Evans, P. L. '415 U.S. Highway I Bastian, FL 32958 ice! Identification No. 31-37.OQ 000pi-1452-00001.0 Warranty Deed (STATUTORY FORM ee SECTION 689.02, F.S.) This Warranty Deed, made this V day of August, 2011, between Bettye N. Galbraith, an emarried widow, whose address is 4430 Daffodil Circle North, Palm Beach Gardens, FL 33410, Grantor, and t v of Fellsmem, Florida, a mrmicipal corporation existing under the laws of the State of Florida, whose post e address is 22 South Or Avenue, Fellsmere, FL 32948, the Grantee. �ic Witnesseth, that said Grantor, for and in consideration of the sum of TEN DOLLARS (510.00), and ;1(*r good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is ct)Y acknowledged, has granted,, bargained and sold to the said Grantee, and Grantee's heirs and assigns ver, the following described land, situate, lying and being in Indian River County, Florida, to -wit: ,.;ether with all the tenements, hereditaments arrd appurtgtanees thereto belonging or in anywise appertaining. ,elect to governmental regulation&, covenants, rights of waytil, restrictions, easements and reservations of record, v, but this provision shall not operate to reimpose the same, and taxes for the year and subsequent years. I i property is vacant land and not the constitutional homestead propert y of the Grantor under the laws and stitut „lens, Florida orida 33410. the State of Florida. Grantor's homestead address is: 4430 Daffodil Circle North, Palm Beach Fl ,! the Grantor hereby covenants with said Grantee that the Grantor is lawfirtly seized of said land in fee simple; the Grantor has good right and lawful authority to sell and convey said Iand; that the Grantor hereby fully 1; rants the title to said land and will defend the same against the lawful claims of all persons whomsoever and ., said land is free of all encumbrances, except as stated herein and taxes accruing subsequent to December 31, In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above '� Oed , sealed and delivered �,ur presence: I d MESSES: 1An„, Mirwll Rmbro►sem +�e of Florida _,,nty ofPalm Beach SS: lbregoing instrument was aclmow[edged before me this 75 day of August, 2011 by Bettye N. Galbraith, an • : i:rnarried widow who [ ✓ J is/ are personally mown to me or [ J has/have produced a driver's liceeae issued he State of as identification. `�.�iary Seal) Printed Name: My Commission Expires: Commissioa No. 135 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN R CO FL, BK: 2517 PG: 7861 08/12/2011 09:53 AM DOC STAMPS D $42.00 Tax Stamp $42.00 Contract Sale Amount $6,000.00 pared By & Katzen To: i ren W. Dill, Esq. Il & Evans, P. L. '415 U.S. Highway I Bastian, FL 32958 ice! Identification No. 31-37.OQ 000pi-1452-00001.0 Warranty Deed (STATUTORY FORM ee SECTION 689.02, F.S.) This Warranty Deed, made this V day of August, 2011, between Bettye N. Galbraith, an emarried widow, whose address is 4430 Daffodil Circle North, Palm Beach Gardens, FL 33410, Grantor, and t v of Fellsmem, Florida, a mrmicipal corporation existing under the laws of the State of Florida, whose post e address is 22 South Or Avenue, Fellsmere, FL 32948, the Grantee. �ic Witnesseth, that said Grantor, for and in consideration of the sum of TEN DOLLARS (510.00), and ;1(*r good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is ct)Y acknowledged, has granted,, bargained and sold to the said Grantee, and Grantee's heirs and assigns ver, the following described land, situate, lying and being in Indian River County, Florida, to -wit: ,.;ether with all the tenements, hereditaments arrd appurtgtanees thereto belonging or in anywise appertaining. ,elect to governmental regulation&, covenants, rights of waytil, restrictions, easements and reservations of record, v, but this provision shall not operate to reimpose the same, and taxes for the year and subsequent years. I i property is vacant land and not the constitutional homestead propert y of the Grantor under the laws and stitut „lens, Florida orida 33410. the State of Florida. Grantor's homestead address is: 4430 Daffodil Circle North, Palm Beach Fl ,! the Grantor hereby covenants with said Grantee that the Grantor is lawfirtly seized of said land in fee simple; the Grantor has good right and lawful authority to sell and convey said Iand; that the Grantor hereby fully 1; rants the title to said land and will defend the same against the lawful claims of all persons whomsoever and ., said land is free of all encumbrances, except as stated herein and taxes accruing subsequent to December 31, In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above '� Oed , sealed and delivered �,ur presence: I d MESSES: 1An„, Mirwll Rmbro►sem +�e of Florida _,,nty ofPalm Beach SS: lbregoing instrument was aclmow[edged before me this 75 day of August, 2011 by Bettye N. Galbraith, an • : i:rnarried widow who [ ✓ J is/ are personally mown to me or [ J has/have produced a driver's liceeae issued he State of as identification. `�.�iary Seal) Printed Name: My Commission Expires: Commissioa No. 2517 PG: 787 TRACT ]452, Township 3] South, Range 37 East, FELLSMERE FARMS COMPANY SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page(s) 1 & 2, of the Public Records of St. Lucie County, Florida, said lands now lying and being in Indian River County, Florida, LESS AND F,XCEPT THEREFROM THOSE LANDS AS DESCRIBED IN: Deed recorded in Official Records Book 859, at Page 2780; 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: ME"I'ES AND BOUNDS SURVEYED DESCRIPTION A PORTION OF TRACT 1452, "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 I 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: COMMENCING AT THE NORTHEAST CORNER OF TRACT 1452, "PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF ALL UINSURVEYED 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 00031125" WEST ALONG THE EAST LINE OF SAID TRACT 1452, A DISTANCE OF 100.07 FEET; THENCE RUN NORTH 87017141" WEST, PARALLEL WITH AND 100 FEET NORMAL TO THE NORTH LINE OF SAID TRACT 1452 A DISTANCE OF 681.30 FEET TO THE WEST LINE OF SAID TRACT 1452; THENCE RUN NORTH 00029'15" EAST ALONG SAID WEST LINE OF TRACT 1452 A DISTANCE OF 100.07 FEET TO SAID NORTH LINE OF TRACT 1452, ALSO BEING THE SOUTH RIGHT OF WAY LINE OF THE "FELLSMERE RAILROAD RIGHT OF WAY" OF SAID "PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION"; THENCE RUN SOUTH 87°17'41" EAST ALONG SAID NORTH LINE OF TRACT 1452 AND SAID SOUTH RIGHT OF WAY LINE OF THE "FELLSMERE RAILROAD RIGHT OF WAY", A DISTANCE OF 681.37 FEET TO THE POINT OF BEGINNING.. Page 2 Exhibit "A" 2517 PG: 787 TRACT ]452, Township 3] South, Range 37 East, FELLSMERE FARMS COMPANY SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page(s) 1 & 2, of the Public Records of St. Lucie County, Florida, said lands now lying and being in Indian River County, Florida, LESS AND F,XCEPT THEREFROM THOSE LANDS AS DESCRIBED IN: Deed recorded in Official Records Book 859, at Page 2780; 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: ME"I'ES AND BOUNDS SURVEYED DESCRIPTION A PORTION OF TRACT 1452, "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 I 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: COMMENCING AT THE NORTHEAST CORNER OF TRACT 1452, "PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF ALL UINSURVEYED 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 00031125" WEST ALONG THE EAST LINE OF SAID TRACT 1452, A DISTANCE OF 100.07 FEET; THENCE RUN NORTH 87017141" WEST, PARALLEL WITH AND 100 FEET NORMAL TO THE NORTH LINE OF SAID TRACT 1452 A DISTANCE OF 681.30 FEET TO THE WEST LINE OF SAID TRACT 1452; THENCE RUN NORTH 00029'15" EAST ALONG SAID WEST LINE OF TRACT 1452 A DISTANCE OF 100.07 FEET TO SAID NORTH LINE OF TRACT 1452, ALSO BEING THE SOUTH RIGHT OF WAY LINE OF THE "FELLSMERE RAILROAD RIGHT OF WAY" OF SAID "PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION"; THENCE RUN SOUTH 87°17'41" EAST ALONG SAID NORTH LINE OF TRACT 1452 AND SAID SOUTH RIGHT OF WAY LINE OF THE "FELLSMERE RAILROAD RIGHT OF WAY", A DISTANCE OF 681.37 FEET TO THE POINT OF BEGINNING.. Page 2 Exhibit "A" RESOLUTION NO. 2011- 089 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 196.28, F.S. See attached Warranty Deed from Bettye N. Galbraith, an unremarried widow to City of Fellsmere, Florida describing lands, recorded in Book 2517 at Page 786, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Flesche�and the motion was seconded by Commissioner a is vote, the vote was as follows: Chairman Bob Solari Vice Chairman Gary C. Wheeler Commissioner Wesley S. Davis Dav Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan 2 Aye Aye v e Awe Aye Abeinput to , upon g