HomeMy WebLinkAbout2009-114Re: 58" Avenue (CNL Net Lease Funding 2001, LP)
Part of Parcel ID #33390500010000000004.0
RESOLUTION NO. 2009-114
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 Warranty
Deed recorded in OR Book 2351, Page 1751 (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 the
ultimate right-of-way for 58th Avenue.
• The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this
resolution to the Tax Collector.
The resolution was moved for adoption by Commissioner 0' Bryan , and the motion was
seconded by Commissioner Flescher and, upon being put to a vote, the vote was as
follows:
Chairman Wesley S. Davis AYE
Vice Chairman Joseph E. Flescher AYE
Commissioner Peter D. O'Bryan AYE
Commissioner Gary C. Wheeler AYE
Commissioner Bob Solari AYF
The Chairman thereupon declared the resolution duly passed and adopted this _ 21 Sttlay of July, 2009.
Attest: J.
K. Barton, Clerk
By:(vY�e.�. o p Ae�
Deputy Clerk
Approved as to form and legal
s nc• S��
y
Marian . Fell
Senior Assistant County Attorney
INDIAN RIVER COUNTY, FLORIDA
44es e,S. a • Chairman
NO TAX CERTIFICATES
OUTSTANDING
2002917 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2351 PG: 1751, 07/02/2009 02:35 PM DOC STAMPS D $0.70
This instrument was prepared incident to
the issuance of a title insurance contract,
and is to be retorted to:
Jason A. Beal
Atlantic Coastal Title Corporation
3850 20th Street, Suite 6
Vero Beach, Florida 32960
ACTC File Number: 29077667
Parcel ID Number: 33-39-05.00010.0000.00004/0
SPECIAL WARRANTY DEED
This deed, made as of this 214day of June, 2009, by CNL Net Lease Funding 2001, LP, a
Delaware limited partnership, successor by merger to CNL Restaurant Net Lease Properties
II, Inc., a Delaware corporation (as Grantor); and Indian River County, a political subdivision
of the State of Florida, whose post office address is: 1801 27th St, Vero Beach, FL 32960 (as
Grantee);
(Wherever used herein, the tens "grantor" and "grantee" shall include singular and plural, heirs. legal representatives. and
assigns of individuals, and the successors and assigns of corporations, partnerships or otherentities; wherever the contest so
admits or requires.)
WITNESSETH:
That the grantor, for and inconsideration of the sum of $10.00 in hand paid by grantee, the receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all
the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to
wit:
All that certain piece, parcel or tract of land situate, lying and being in the
Southeast quarter of Section 5, Township 33 South, Range 39 East, of the
Tallahassee base meridian, Indian River County, Florida, said lands being more
particularly described as follows, to wit:
Beginning at the Northeast corner of Lot 4, HOME DEPOT AT VERO
BEACH, as recorded in Plat Book 15, at Page 28, in the Public Records of
Inndian River County, Florida, said point also lying on the Westerly right-of-way
line of 58th Avenue (Kings Highway); thence, bearing South 00° 02' 10" West,
along said Westerly right-of-way line, a distance of 245.87 feet to a point on the
Northerly right-of-way line of College Lane; thence, leaving said Westerly right-
of-way line of 58th Avenue (Kings Highway), bearing North 89° 53' 51" West,
along said Northerly right-of-way line of College Lane, a distance of 10.00 feet
to a point; thence leaving said Northerly right-of-way line, bearing North 00° 02'
ATLANTIC COASTAL TITLE CORPORATION
A Full Service, Florida Title Insurance Agency
BK: 2351 PG: 1752
10" East, a distance of 245.86 feet to a point on the aforementioned Westerly
right-of-way line of 58th Avenue (Kings Highway); thence bearing South 89° 57'
50" East, along said Westerly right-of-way line, a distance of 10.00 feet to the
Point of Beginning,
pursuant to Rule 12B-4.013(4), F.A.C, this deed is given pursuant to a governmental entity under
threat of condenmation or as a part of an out-of-court settlement of condemnation proceedings and
it not subject to documentary stamp tax.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever
AND grantor hereby covenants with 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 warrants title to said land and will defend
the same, only against the lawful claims of all persons owning, holding or claiming by, through or under grantor and no
other; and that said land is subject to all taxes, assessments, liens, easements, encumbrances, restrictions and matters of
record and all matters which an accurate survey or physical inspection of the land would disclose.
IN WITNESS WHEREOF, the -said grantor has caused these presents to be executed in its name, by its proper officials
thereunto duty authorized, the day and year first above written.
CNL Net Lease Funding 2001, LP, a
Delaware limited partnership
By: USRP (SFGP), LLC, its sole, general partner
Printed Name'--orolynCraftM In
Signed. sealed and delivered in the presence of.-
enrhac
Va vt Cd6ro10.
ATLANTIC COASTAL TITLE CORPORATION
A Full Service, Florida Title Insurance Agency
BK: 2351 PG: 1753
State of ARIZONA
County of MARICOPA
The foregoing instrument was acknowledged before me the date hereinafter given, by Carolyn
Craft Martin; the VP of the corporation/partnership named herein
as grantor and who executed this deed in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in him by said corporation/partnership; and who was
either personally known to me; or produced identification of sufficient character so as to identify
said individual(s) with reasonable certainty; and who did/did not take an oath.
Witness my hand and official seal in the County and State last aforesaid, this 96ay of June ,
2009.
OFFICIAL SEAL
CYNTHIA M. LUNDSTROM
NOTARY PUBLIC • STATE OF ARIZONA
MARICOPACOUNTY
My Comm. Expires December 3, 2009
Typep of identification provided (Check One):
[✓j Driver's License
[ ] Passport
[ j Government (Slate or Federal) ID Card
[ ] Resident Alien ID Card
[ ] Other
ATLANTIC COASTAL TITLE CORPORATION
A Full Service, Florida Title Insurance Agency
Notary Public
BK: 2351 PG: 1754
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SURVEYORS NOTES
i
Q THIS IS A SILO Of LEGAL OESCRVPION ONLY, NOT A OOUNOARY
I M1ERETRACEMENTSU SURVEY.
2) 111E DEMING BAST FOR THIS SURVEY BASSO UPON D3 EAST UNE
E Of CNE S7 OUANEEfl O 57 SWIH,
SECTION 5, TOWNS02'10'H
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0 EAST.
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1 3) INC SCALE OF PHISMAY HAVE BEEN DISTORTED DURING
REPRODUCTON PROCESSES.
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