HomeMy WebLinkAbout2009-050Re: 41" Street (Neil Gaeta Trust)
Tax ID #i32-39-27-00000-1000-00072.0
RESOLUTION NO. 2009- 050
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 2317, Page 906 (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 41 s` Street.
• 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 Flescher , and the motion was
seconded by Commissioner 01Bryan and, upon being put to a vote, the vote was as
follows:
Chairman Wesley S. Davis AVF
Vice Chairman Joseph E. Flescher AVF
Commissioner Peter D. O'Bryan --AYE---
Commissioner Gary C. Wheeler
Commissioner Bob Solari
The Chairman thereupon declared the resolution duly passed and adopted 'his 91tt day of April, 2009.
Attest: J. K. Barton, Clerk
By: No
Deputy Clerk
Approved as to forint and legal
su iciency:
B
Marian E. Fell
Senior Assistant County Attorney
INDIAN WER COUNTY, FLORIDA
Wesloy S. Davis, Chairman
NO TAX CERTIFICATES
OUTSTANDING
1971831 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2317 PG: 906, 01/29/2009 01:35 PM DOC STAMPS D $782.60
Prepared by and return to:
Jason A. Beal
Atlantic Coastal Title Corporation
3850 20`h St., Suite 6
Vero Beach, FL 32960
Property Appraisers ID #: A portion of 32-39-27-00000-1000-00072.0
SPECIAL WARRANTY DEED
This Special Warranty Deed is executed this 77— day of January, 2009, by Neil J. Gaeta, as
Trustee of the Vero Beach Florida Land Trust Agreement dated 8/21/06, hereinafter called
the grantor, to Indian River County, Florida, a political subdivision of the State of Florida,
whose post office address is: 180127 1h St., Vero Beach, FL 32960, hereinafter called the grantee:
(Wherever used herein the terms "grantor" and "grantee" shall include singular and plural, heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporations,
wherever the context so admits or requires.)
Witnesseth, That the grantor, for and in consideration of the sum of $10.00 and/or other valuable
consideration, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the grantee, all that certain land situate in County of
Indian River, State of Florida, to -wit:
Parcel A:
A 40 foot wide strip of land lying in the Southwest 1/4 of the Northeast 1/4 of Section 27,
Township 32 South, Range 39 East, Indian River County, Florida, said 40.00 foot wide strip
being more particularly described as follows: Commencing at the Southwest comer of said
Southwest 1/4 of the Northeast 1/4 of Section 27; proceed South 89 degrees 53'03" East along
the South line of said Southwest 1/4 of the Northeast 1/4, a distance of 134.05 feet to a point on
the Southerly extension of the East line of Grace Pines Subdivision, as recorded in Plat Book 17,
at Pages 19 and 19A, of the Public Records of Indian River County, Florida; thence run North 01
degrees 55'09" East along said extended East line, a distance of 35.02 feet to the Point of
Beginning; said point being 35 feet North of, when measured perpendicular to, the South line of
said Southwest 1/4 of the Northeast 1/4 and 135.00 feet East of, as measured parallel to said
South line of the Southwest 1/4 of the Northeast 1/4; thence continue North 01 degrees 55' 09"
East along the aforementioned extended East plat line of Grace Pines Subdivision, a distance of
40.02 feet to a point being 75.00 feet North of, when measured perpendicular to, said South line
of the Southwest 1/4 of the Northeast 1/4; thence South 89 degrees 53'03" East, parallel to said
South line of the Southwest 1/4 of the Northeast 1/4, a distance of 587.50 feet; thence South 00
degrees 01'52" East, a distance of 40.00 feet to a point 250.00 feet West of the Southwest corner
of Reedwood Subdivision, as recorded in Plat Book 3, at Page 83, of the Public Records of
BK: 2317 PG: 907
Indian River County, Florida, as measured, parallel to said South line of the Southwest 1/4 of the
Northeast 1/4; thence North 89 degrees 53'03" West, parallel to and 35.00 feet North of, when
measured perpendicular to, said South line of the Southwest 1/4 of the Northeast 1/4, a distance
of 588.87 feet to the Point of Beginning.
Parcel B
A 15.00 foot wide strip of land lying in the Southwest 1/4 of the Northeast 1/4 of Section 27,
Township 32 South, Range 39 East, Indian River County, Florida, said 15.00 foot wide strip
being more particularly described as follows: Commencing at the Northwest corner of said
Southwest 1/4 of the Northeast 1/4 of Section 27; proceed South 89 degrees 47'59" East along
the North line of said Southwest 1/4 of the Northeast 1/4, a distance of 170.00 feet to the Point of
Beginning; thence continue South 89 degrees 4759" East along said North line, a distance of
794.79 feet to a point of the Northerly extension of the West line of Reedwood Subdivision, as
recorded in Plat Book 3, at Page 83, of the Public Records of Indian River County, Florida;
thence South 00 degrees O1' 52 East, along said Northerly extension of said West plat line, a
distance of 15.00 feet; thence North 89 degrees 47'59" West, parallel to and 15.00 feet Southerly
of, when measured perpendicular to, aforementioned North line of the Southwest 1/4 of the
Northeast 1/4 of Section 27, a distance of 795.30 feet; thence North 01 degrees 55' 09" East, a
distance of 15.01 feet to the Point of Beginning.
Subject to easements, restrictions, reservations, and limitations of record, if any.
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 the said 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, and hereby warrants the title to said
land and will defend the same against the lawful claims of all persons claiming by, through or
under the said grantor, but not otherwise.
In witness whereof, the said grantor has signed and sealed these presents the day and year first
above written.
Ic)t4
2317 PG: 908
Signed, sealed and delivered in presence of :
(Printed name of first witness)
(Signature of second witness)
fhsILINS. /Sil LFCT
(Printed name of second witness)
STATE OF Florida
COUNTY OF
Neil J. Gaeta, as Trustee of the Vero Beach
Florida Land Trust Agreement dated 8/21/06
Address of Grantor: 5220 Hood Road, Suite
100, Palm Beach Gardens, FL 33418
The foregoing instrument was acknowledged before me, this Z Z day of January, 2009, by Neil
J. Gaeta, as Trustee of the Vero Beach Florida Land Trust Agreement dated 8/21/06, who was
personally known to me, or who produced the following identification:
Commission Number: VD 430891
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S: Sopten'ber 18, 2009
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