HomeMy WebLinkAbout2011-092from Hale Family 1999 Limited Partnership
right-of-way for 66th Avenue and 37th Street
RESOLUTION NO. 2011- 092
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
RESOLUTION NO. 2011-092
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:
Any and all liens for taxes delinquent or current against the following
described lands, which were purchased from Hale Family 1999 Limited
Partnership by the Indian River County are hereby cancelled pursuant to the
authority of section 196.28, F.S.
See attached Warranty Deed describing lands,
recorded in Book 2497 at Page 836, Public
Records of Indian River County, Florida.
The resolution was moved for adoption by Commissioner Flescherand
the motion was seconded by Commissioner Davis , and, upon being put to
a vote, the vote was as follows:
Chairman Bob Solari Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan Aye
2
RESOLUTION NO. 2011- 092
The Chairman thereupon declared the resolution duly passed and
adopted this 11 day of October, 2011.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Bob Solari, Chairman ,..»...•♦,♦
e
ATTEST: Jeffrey K. Barton, Clerk ��'� G6���' '
s�
c
Deputy Clerk
•9CpU� �pP.
Tax Certificates Outstanding
Yes No
Current Prorated Tax Received
r—.
and Deposited with Tax Collector $
APPROVED AS TO FORM
AND LEGAL SUFFJC.I
BY
WILLIAM K. DEBRAAL
DEFUTY COUNTY ATTORNEY
3
2138346 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO"FL,' BK: 2497 PG: 836, 05/11/2011 04:19 PM DOC STAMPS D $3080.00
Prepared By/Returnto:
Christopher C. Campione, Esq.
Campione , Campione & Leonard, P.A.
31 Royal Palm Pointe
Vero Beach, Florida 32960
File No.: 11-227.v CCC/cls
Will Call No.: 21
Parcel ID #: 32-39-30-00001-0150-00003/0
Warranty Deed
This Warranty Deed made this 11th day of May, 2011, between Hale Family 1999 Limited Partnership, a
Florida Limited Partnership (*"Grantor"), whose address is 8965 Palm Breeze Terrace, Vero Beach, FL 32963,
and Indian River County, Florida, a political subdivision of the State of Florida (*"Grantee"), whose address is
1801 27th Street, Vero Beach, FL 32960.
For and in consideration of the sum of Ten & 00/100's Dollars ($10.00) and other good and valuable considerations
to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, Grantor has granted, bargained and
sold to Grantee and Grantee's heirs forever that certain land located in Indian River County, Florida, further
described in Exhibit "A" hereto, incorporated by reference and made a part hereof.
Together with all appurtenances, privileges, rights, interests, dower, reversions, remainders and easements thereto
appertaining.
Grantor hereby covenants with said grantee that Grantor is lawfully seized of said land in fee simple; that Grantor
has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are
interchangeable as context requires.
Subject to taxes for the year 2011 and subsequent years and easements and restrictions of record, if any;
however, this reference shall not serve to reimpose same.
In Witness Whereof, Grantor has hereunto set Grantor's hand and seal this day and year first above written.
Signed, sealed and delivered
in the presence of:
i
1st Witness e: t C
2nd ' ess Name:
Hale Family 1999 Limited Partnership, a
Florida limited partnership
By: M&S Hale, Inc., a Florida corporation,
as General Partner
By.7,ti• . b.
Mary D. Hale
as President
BK: 2497 PG: 837
Warranty Deed
Page Two
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this % % day of May, 2011, by Mary D. Hale as President
of M&S Hale, Inc., a Florida corporation as Genera Partner of Hale Family 1999 Limited Partnership, a Florida
limited partnership on behalf of the partnership, _ who is personally known to me or _ who has produced
as identification and who _ did did not4oa
C!'r ISTVNE STENBACK Nota
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ISD 72046 My C
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Exhibit "A"
Property Description
PARCEL 1
(Parcel 121)
A parcel of land being the East 126.00 feet of the North 338.14 feet of Tract 16, Indian River Farms Co. Plat of
Lands, according to the Plat thereof as recorded in Plat Book 2, page 25, Public Records of St. Lucie County,
Florida all lying within Section 30, Township 32 South, Range 39 East, Indian River County, Florida.
Together with a parcel of land being more particularly described as follows:
Begin at the intersection of the South line of the North 338.14 feet and the West line of the East 126.00 feet of said
Tract 16; thence South 89 degrees 38' 29" East a distance of 126.00 feet to a point on the East line of said tract;
thence South 00 degrees 07' 23" West along said East line a distance of 619.92 feet to a point on the North line of a
parcel described in Official Records Book 1895 page 952 of the Public Records of Indian River County, Florida;
thence North 89 degrees 36' 37" West along said North line a distance of 112.23 feet; thence North 01 degrees 09'
00" West a distance of 620.07 feet to the Point of Beginning
PARCEL 2
(Parcel 151)
A parcel of land being the North 50.00 feet of the South 80.00 feet of that parcel of land described in Official
Records Book 1308 page 2622 of the Public Records of Indian River County, Florida, lying within Tracts 15 and 16,
Indian River Farms Company Plat of Lands, according to the plat thereof as recorded in Plat Book 2, page 25, Public
Records of Saint Lucie County, Florida, all said lands lying within Section 30, Township 32 South, Range 39 East,
Indian River County, Florida.
PARCEL 3
(Parcel 152)
A parcel of land being the North 50.00 feet of the South 80.00 feet of that parcel of land described in Official
Records Book 1308 page 2616 of the Public Records of Indian River County, Florida, lying within Tract 15 Indian
River Farms Company Plat of Lands, according to the plat thereof, as recorded in Plat Book 2 page 25, Public
Records of Saint Lucie County, Florida, all said lands lying within Section 30, Township 32 South, Range 39 East,
Indian River County, Florida
BK: 2497 PG: 838
Prepared By/Return To:
Christopher C. Campione, Esq.
Campione, Campione & Leonard, P.A.
31 Royal Palm Pointe
Vero Beach, Florida 32960
File No.: I I -22'7.v CCC/cls
Affidavit Of Limited Partnership Existence
Before Me, the undersigned authority authorized to take and administer oaths in the State of Florida
personally appeared Mary D. Hale ("Affiant'), who, upon taking an oath, state:
1. Affiant is currently the acting President of M&S Hale, Inc., a Florida corporation ("General
Partner"), which corporation is the acting General Partner of the Hale Family 1999 Limited Partnership, a
Florida limited partnership ("Partnership"). Affiant is over the age of eighteen (18), and personally
familiar with the facts and representation contained herein.
2. General Partner and limited partners, pursuant to Chapter 620, Florida Statutes, formed a Florida
limited partnership under the name the Hale Family 1999 Limited Partnership, a Florida limited
partnership ("Partnership"), which partnership is currently in existence under a valid limited partnership
agreement.
3. General Partner represents the sole general partner of the Partnership. Neither the Partnership nor
the General Partner has been debtors in a bankruptcy proceeding during the existence of the Partnership.
4. General Partner is a corporation organized under the laws of the State of Florida, and registered
with the Florida Department of State as required by law and has not been dissolved. No corporate general
partners have been dissolved during the existence of the Partnership.
5. Control of the Partnership and all of its affairs is vested in the General Partner. In addition
thereto, the General Partner has the following powers, duties, and obligations with respect to the business
of the Partnership:
a. Execute on behalf of the Partnership any and all agreements, documents and instruments
customarily employed in the real estate industry in connection with the purchase, sales, development,
operations, leasing and financing of real property, and specifically, without limitation, make, execute and
deliver any deed, long-term ground lease, bond, mortgage, deed of trust, guarantee or any contract to sell
Partnership real estate of personal property or to purchase real or personal property.
b. Purchase, sell and transfer interests in real and personal property and capital stock or
other type of equity or ownership interests relative to those objectives and purposes of the Partnership.
BK: 2497 PG: 839
Affidavit of Limited Partnership Agreement
The Hale Family 1999 Limited Partnership
Page Two
C. Borrower money on behalf of the Partnership from banks, other lending institutions, and
other lenders for any appropriate business purpose of the Partnership, and in connection therewith to issue
notes, debentures, and other debt securities and to execute such mortgages that may be required to secure
the repayment of the sums borrowed.
d. Maintain, at the expense of the Partnership, appropriate records and accounts of all
operations of the Partnership.
e. Purchase, at the expense of the Partnership, insurance required or appropriate to protect
the properties and business of the Partnership.
f. Engage consultants and other to render such professional or other services deemed
necessary or appropriate for the business of the Partnership.
g. Execute and deliver on behalf of the Partnership contracts of any nature whatsoever.
h. Designate signatories for all Partnership bank accounts.
i. Exercise and perform, or delegate in writing the exercise or performance of, any powers,
duties or obligations with respect to all activities specified above or otherwise deemed necessary or
appropriate to further the interests and affairs of the Partnership.
6. A copy of the Partnership Agreement is on file with the Partnership, whose address is 8965 Palm
Breeze Terrace, Vero Beach, Florida 32963.
7. Affiant understands that this Affidavit will be relied upon by such entity purchasing property
from the Partnership and the lender placing a mortgage on the property of the Partnership, and that this
Affidavit will be relied upon by the title company in issuing its policy of title insurance deleting
therefrom certain standard exceptions.
8. Affiant further states that Affiant is familiar with the nature of an oath; and with the penalties as
provided by the laws of the state aforesaid for falsely swearing to statements made in an instrument of this
nature. Affiant further certifies that Affiant has read the full facts of this affidavit, and understands its
context.
Dated: May 14 _ , 2011
General Partner:
M&S Hale, Inc., a Florida corporation
By: i "
Mary D. Hale, President
BK: 2497 PG: 840
. y
Affidavit of Limited Partnership Agreement
The Hale Family 1999 Limited Partnership
Page Three
State of Florida
County of Indian River
The foregoing instrument was sworn to and acknowledged before me on this -�L day of May, 2011
before me, personally appeared Mary D. Hale, as President of M&S Hale, Inc., a Florida corpJo 'ation,
General Partner of the Hale Family 1999 Limited Partnership, on behalf of the partnership, V who is
personally known to me or _ who has produced Florida Drivers License as ' ntification.
0- -- \
Notary Public
My Commission Expires:
CHRISTINE STENBACK
Comrission DD 726446
x :res Deromber 10, 2011
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