HomeMy WebLinkAbout2008-152Re: 6&t" AvenuE (Banack Family Partnership)
Tax ID #32-39-18-00001-0090-00001.0
RESOLUTION NO. 2008- 152
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 2282, Page 1838 (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 66th Avenue at 57th 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 Peter D. 0' Bryan , and the motion was
seconded by Commissioner Joseph E. Flescher , and, upon being put to a vote, the vote was as follows:
Chairman Sandra L. Bowden
Vice Chairman Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Peter D. OBryan
Commissioner Gary C. Wheeler Absent vzll
c Gj ,
The Chairman thereupon declared the resolution duly passed and adoptec�'thts ? rd=m_ day of September,
2008.
3, ;
INDIA IVER COUNTY, FLORIbA 4
Attest: J. K. Barton, Clerk t
Deputy Clerk *Wesley S. Davis;,yit�e Lhair att ;<
Absent
Ave
AveAve ,6ittte�j,gt.
By
form and
Marian E. FW, S
Assistant County
NO TAX CERTIFICATES
OUTSTANDING
1938836 FECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2282 PG: 1838, 07/31/2008 10:51 AM DOC STAMPS D $1544.90
This instrument was prepared incident to
the issuance of a title insurance contract,
and is to be returned to:
Jason A. Beal
Atlantic Coastal Title Corporation
3850 20th Street, Suite 6
Vero Beach, Florida 32960
ACTC File Number: 28077037
Parcel ID Number: 32-39-18-00001-0090-00001/0
GENERAL WARRANTY DEED
This deed, made as of this 28th day of July, 2008, by Banack Family Limited Partnership, a
Florida limited partnership (as Grantor); and Indian River County, a political subdivision of
the State of Florida, whose post office address is: 1801 27th Street, Vero Beach, FL 32960 (as
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, partnerships or other entities, wherever the context so
admits or requires.)
WITNESSETH:
That the grantor, for and in consideration 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:
Parcel One:
The East 126.00 feet, less the South 100.00 feet, of Tract 9, Section 18, Township
32 South, Range 39 East, INDIAN RIVER FARMS COMPANY
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at
Page(s) 25, of the Public Records of St. Lucie County Florida; said lands now
lying and being in Indian River County, Florida.
Together with:
Begin at a point of intersection of the North line of said Tract 9 and the West
line of the East 126.00 feet of said Tract 9, thence South 00 degrees 12' 25"
West, along said West line, a distance of 39.47 feet; thence North 44 degrees 24'
27" West, a distance of 56.19 feet; thence South 89 degrees 01' 19" East, along
said North line, a distance of 39.47 feet to the point of beginning.
ATLANTIC COASTAL TITLE CORPORATION
A Full Service, Florida Title Insurance Agency
BK: 2282 PG:, 1839
The West 201.54 feet of the East 327.54 feet of the North 287.28 feet of the South
387.28 feet of Tract 9, Section 18, Township 32 South, Range 39 East, INDIAN
RIVER FARMS COMPANY SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 2, at Page(s) 25, of the Public Records of St. Lucie County
Florida; said lands now lying and being in Indian River County, Florida.
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 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 taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions
and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed
to reimpose same).
IN WITNESS WHEREOF, the said grantor has caused these presents to be signed and sealed in its name, as of the day
and year first above written.
Banack Family Limited Partnership, a Florida
limited partnership
By: Banack General Partner, LLC, a Florida limited
liability co any,General rtner
By.
Sidneyl%l. Banack, Jr.
its Managing Member
Grantor's Mailing Address:
6125 Atlantic Boulevard
Vero Beach, FL 32966
Signed, sealed and delivered in the presence of
C w+ �t o + n • �^"
ATLANTIC COASTAL TITLE CORPORATION
A Full Service, Florida Title Insurance Agency
BK: 2282 PG:. 1840
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me the date hereinafter given, by Sidney M.
Banack, Jr.; as Managing Member of Banack General Partner, LLC, General Partner of the
Banack Family Limited Partnership, a Florida limited partnership, on behalf of the
corporation/partnership; and who was/were either personally known to me; or produced as
identification of sufficient character so as to identi sai mrvt 51 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,?& -day of July ,
2008.
Notary Public
Type of identification provided (Check One): r """ JASON BELL
[ ] Driver's License MY COMMISSION t: DO 320
''` : EXPIRES: October 11, 2008
[ J Passport rr eaaediM,Noap.roe i
[ j Government (State or Federal) ID Card
[ ] Resident Alien ID Card
[ J Other
ATLANTIC COASTAL TITLE CORPORATION
A Full Service, Florida Title Insurance Agency
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
SKETCH TO ACCOMPANY DESCRIPTION,
THIS IS NOT A SURVEY!
LOCANON MAP: NDT To SCALE
i�
-1I=I to >: 1567th a's • 4�.
.i�s OWNER Rellef Canai BANACK'
FAMILY
53rd LIMITED PARTNERSHIP
20S.2149th �
t.
LWAL DLI PTION: PARCEL 1`03
A PARCEL OF LAND BEING THE EAST 126.00 FEET LESS THE SOUTH 1'00.00 FEET OF TRACT 9, INDUW
RIVER' FARMS CO, PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE
25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA.
TOGETHER WITH,
AT A POINT OF
DISTANCE OF 39,47 FEE
89'01'19" EAST, ALONG
OF THE NORTH LINE OF
RTH 44!24-27- WEST, A DIV
LINE, A DISTANCE OF 39.47
0 AND, THE WEST LINE OF THE
3E 56:1.9 FEET 11
TO THE POINT OF
ALL SAID LANDS LYING WITHIN SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA.
CONTAINING 3,573 ACRES,. MORE OR LESS
SAID PARCEL. OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS SOOK 1665, PAGE
1114. TOGETHER 1NITH OFFICIAL RECORDS BOOk 1665, PAGE 1185, PUBLIC RECO.RDS,. INDIAN RIVER
COUNTY, FLORIDA.
CER11FIMON:
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPAR® IN ACCORDANCE
WITH THE SURVEYING STANDARDS, CHAPTER 61GI7-6, FLORIDA ADMINISTRATIVE CODE, AS FDMH.13Y THE FLORIDA.
BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURsOM TO SECtOM 472.027, FLORIDA STATUTES, AND I6 TRUE
AND CORRECT TO THE ' BEST OF MY kNOWLEDGE AND BELIEF. UNLESS IT BF.ARS'THE SIGNATURE. AND THE 'ORIGINAL•
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THISwLEGAL DESCRIPTION AND SKETCR IS FOR
INFORI,IAliONAL PURPOSES ONLY AND IS NOT VAUD. NOTE: THIS ISNOT A SKETCH OF SURVEY, BUT ONLY A
GRAPHIC DEPICTION.OF,THE DESCRIPTION SHOWN HEREON,
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THERE NAS BEEN .NO' FIELD WORK, VIEVANG OF THE
PEIRY X WHITE SUMCT PROPERTY, OR MONUMENTS SET IN CONNECTION
PRO TONAL LAND SURVEYOR AND MAPPER wmi THE P.RpARATTON OF THE ;INF.ORMATION SHOWN
LICENSE NO, 4213, STATE OF FLORIDA HEREON:, NOTEc;LiWDS :SHOWN' HEREON WERE NOT
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J.K. BARTON, CLERK
QWNIE
BANACK FAMILY
LIMITED PARTNERSHIP
THAT PORTION OF LAND BEING THE WEST 201.54 FEET OF THE EAST 327.54 FEET OF THE NORTH
28.7.28 FEET OF THE SOUTH 387.28 OF TRACT 9, INDIAN RIVER FARMS CO, PLAT OF LANDS,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAY BOOK 2, PAGE 25, PUBLIC RECORDS, ST.
LUCIE COUNTY, FLORIDA ALL SAID LANDS LYING WITHIN SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39
EAST, INDIAN RIVER COUNTY, FLORIDA,
CONTAINING 1,339 ACRES. MORE OR LESS
SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1665,
PAGE 1114 AND OFFICIAL RECORDS BOOK t665, PAGE 1185, PUBLIC RE~COROS, INDIAN RIVER COUNTY,
FLORIDA.
ALL SAID LANDS LYING WITHIN SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST; INDIAN RKR
COUNTY, FLORIDA.
CERTIFICATION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE
WITH THE SURVEYING STANDARDS, CHAPTER 51Gf7-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS do I,IAPPERS, PURSUANT TO SECTION 472.027, MRIDA STATUTES, AND IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS R SEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THS LEGAL DESCRIPTION AND SKETCH 15 FOR
INFORMATIONA RPOSES ONLY AND IS NOT VAUD. NOTE: THIS IS NOT A SKET014 OF SURVEY, BUT ONLY A
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
X THERE HAS BEEN NOF FIELD WORK, MEWING OF THE
PERRY C. WRITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNCCTIOK
P
PERRY "C. EAL LAND Sl1RVEY0R. AND utAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN
LICENSE N0. 4213, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN .HEREON WERE NOT
f1SSTRACTEO FOR RESTRILMONS, RIGHTS—OF•-WAY AND
DATE: t/4/06 EASEMENTS. OF RECORD.
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LEGEND:
It - BASELINE
D.B. — DEED BOOK
O.R.B. - OFFICIAL RECORD BOOK
P.B. — PLAT BOOK
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