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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, f 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 OATS: 1/4/06 MISTRACTED FOR ,RESTRiGTL0tt. RLGHfs-0F: WAY AND EASEMENT'S OF RECORD, ffdmARL Al) I S ARCADIS U.S., Inc. lNl%,.vfKrj FXH1131 P AM91ONAL R/W I OF 4 WPOO1053 11 vc.., IV. L VV! Y. v7iIII SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! wu• v I i I Iv A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK f LEGEND; �; m SEE SHEET 3 OF 4 ( ►� �, w'i �• zmw 0 TRACT 8, IRFC I a o P.B. 2, PG. 25 I ! ' 50' F(/W PER STATE OF FLORIDA STATE ROAD TION ND. 1' 30, ROD NO. MAP SECTION ND. 88530, ROAD N0. 505 t COUNTY ROAD 61.5. 66th AVENUEcn f f` 60' SUB --LATERAL. "A-10" CANAL, NDM RIVER FARMS CO PLAT OF LANDS P.B. x, PG. 25, S.LC.R. _a NORTH LINE OF '502+00 503+00 TRACT 9, IRFC all. 505+00i 30 +00 0 ,., 67th STREET 39.47' S80`01 I. WE 165.48' .01 P.O.B.pOc� f I STA: 338+37.80 OFFSET: 122.46 L is,Qo' I a I ADDITIONAL R/W I STA: 337+97.81: "� 1 �3 cNo a 11 OFFSET. 83.00 L as o Caw i j $ I 30,00' ROAD R/W IA PORTION AS DETERMINED 8Y : 2 ,� w N in (OF TRACT 9, INDIAN RIVER COUNTY W ti (IRFC D.B. 48,. PG. Z3 L 1. E c�J 1 a IP,B. 2,.PG. 25 N w as n�eK� I57NH STREET & 66th AVENUE N � r m = � g�, [ b � VERO BEACH, F1.., 32987 ,. IPID-32391800001.009000007.0 q L ��'y- R� /[ate] +...r,. - ..-.. r.. - . vYfl . . .A� . w... MATCH UNE "A' - SEE SHEET 3 4E 4 txwWon CADIS SAD fiARIlE t 1 O6 BEd g ARCADIS U:S.0 Inc. ADD. Oft R/w wom nrmc a W p Val vb%N&.1 F=(Mlj0?,n51 w.ar.ar06'amm mw 2 v ti4Pootos3 105380103WerivetoiB�+di,FlditaJylit SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! MATCH UNE "A' — SEE SHEET 2 OF 4 I ASODEMITMIINEO 9Y INDIAN RM COUNTY O.D. 48, PG, 23 ! 150' R/W PER STATE OF FLORIDA STATE ROAD DEPARTMENT RPM. -OF-WAY MAP SECTION NO, 88530', ROAD NO. 508 I COUNTY ROAD 6t5, 68th AVENUE I MATCH UNE "8' - SEE SHEET 4 OF 4 ARCADIS ARCADIS U.S., Imc. �1VItllPertwq Td�i541!`gl•70tlOF�c(S5Q�7.7lSf WedPa*lkmkFbliu334t wwwamdbwarn ADDITIONAL. R/W MW 3 d 4 .L ,TV. V I! f I I I I A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK WPO 1053 110538D103 I t 126.00' r ADEIMONAL R/W I LEGEND: P.M. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING P.B. - PUT 13009 PC, - PAGE COUNTY d S.L.C.R. - ST. LUCIE RECDRDS T -TOTAL 07 ,a A •I I N w I v _o ! A PORTION OF TRACT 9, IRFC + I P.D. 2, PG. 25 57TH STREET & 66th AVENUE I VFRO FL., 32957 ►t BEACH, I PID -32391800001009000001.0 I O.R.B. 1665, PG. 1114 P5 � I O.R,9. 1665, PG. 1185 z I $ I + o n I ASODEMITMIINEO 9Y INDIAN RM COUNTY O.D. 48, PG, 23 ! 150' R/W PER STATE OF FLORIDA STATE ROAD DEPARTMENT RPM. -OF-WAY MAP SECTION NO, 88530', ROAD NO. 508 I COUNTY ROAD 6t5, 68th AVENUE I MATCH UNE "8' - SEE SHEET 4 OF 4 ARCADIS ARCADIS U.S., Imc. �1VItllPertwq Td�i541!`gl•70tlOF�c(S5Q�7.7lSf WedPa*lkmkFbliu334t wwwamdbwarn ADDITIONAL. R/W MW 3 d 4 .L ,TV. V I! f I I I I A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK WPO 1053 110538D103 V. .cVvl 7-V�Iui iYV. VI II A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK SKETCH TO ACCOMPANY DESCRIPTION., THIS IS NOT A SURVEYr MATCH UNE 08' — SEE SHEET 3 OF 4 STAT«� 1 st"'0 � /T PES STATE—W F1�ffIDA ' . •,� — • ` . •,� U , T, �. E' ROAD DEPARTMENT RJOW--OF—WAY MAP SECTION NO. 89530, ROAD NO. 905 ICOUMY ROAD 615, 66th AVENUE o e I N ADDIIIONZ R/WCn F F I � I CLur 1 gin I o "cc w % +N I A PORTION OF TRACT 9, IRFC n .� P.B. 2, PG. 25 03 3 57TH MEET do 66th AVENUE to a c U I VERO BEACH, FL., 32967 a PID -32391800001009000001.0 O.R.B. 1665, PG, 1114 I O.R.B. 1665, PG. 1185 a A I l� i 3D.00' ROAD R/W I AS aMMweD BY l tNDIAN RIVER COL MY �'"— N •— I D.S. 48,, PG. 23 w l° n I STA; 326+0`7.64 I : . t. AI99 z6 48"W oFFseFs3oo - I 126.08' 100' CANAL R/W I NORTH RELIEF CANAL STA: 326+08.95 TRACT 16, IRFC OFFSET: 43.00 R P.B. 2, PG•, 25 LEGEND: SEE SHEET 3 OF'4 I vt F�CW 'AllLAu SNFEI 11flL 06J AlACAl i1. imp Inc. ADOMONX R/W vaaacr + tfl6tlibaPachrs� 7V:jS61�64t•TD06Fr,c(S61I6t?nsi WpdD1053 11053SM031 w,sioame.Kr,,F�wtaeas�li rwwamdtFuimm s 4 or 4 vy�, '.v• Lvvf 4 V7tm SKETCH TO ACCOMPANY DESCRIPTION, THIS IS NOT A SURVEY! L:OCAMON MAP: NOT TO SCALE 57th 4c St." 1a N" 18 Relief Conal �_`-,. 53r ��d SI. l 24 9451h '.•.' ..... . N -LEGAL OE SCRIFMON; PARCEL 402 No. V I l I r. I i A TRUE COPY CERTIFICATION ON LAST PAGE 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. . ., _, _. „ 'ff � Am'1 I%W Mir F- • w m7f SnEEf TfKE ots'%�tt + Br e AACApI$ U.S., Inc. ADDITIONAL R/W MECT KUM= WnC NUMBER g 27lEws, WPOO1053 1053SD402 O WagPrTu9uth,FlodQsS9g1 wMre,�lsu�oorn SHEET 1 OF 2 } . 1 V. L V V T, V A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: It - BASELINE D.B. — DEED BOOK O.R.B. - OFFICIAL RECORD BOOK P.B. — PLAT BOOK PG. — PAGE PID - PARCEL 10 I ' R/W - RIGHT-OF—WAY ! 126.00'---4 $ v — sTA - STATION I ADDITIONAL R/W I N Q SOWW420E 2011.54' 9 A PORTION OF TRACT 9, IRFC P.O. 2, PG. 25 ul o w 57TH STREET & 66111 AVENUE e*o VERO REACH, FL., 32967 103 M v L' PID -32391800001009000001.0 w O.R.B. 1665, PG. 1114 �y O:R.B. 1665, WG. 1185cm ry PARCi7. 402 u- $ ar`o CONTAININIrr 1,331 * ACRES o + 201,54' 327.54' STa 326+07.64 m OFFSET: 83.00 L 126.00' a STA:3t6+40.01 N$9'28'48°9i 2Q1,54' OFFSET: 347,54 L INOIAN RIVER FARMS WATER CONTROL DISTRICT NORTH RELIEF CANAL - 100' RIGHT-OF-WAY to z o O.B. 19, PG. 482 SOUTH LINE �OF TRACT 9 INDIAN RNER FARMS WATER CONTROL DISTRICT NORTH RELIEF CANAL - 100' RIGHT-OF-WAY $ D.B. 19, PG. 454 _ o ` TRACT 16, IRFC F2 ARCADISDRAINAGE PGN ".- PLS4 "' . -- �, s 80.. PLN - -• SatE7IRU 1/11 06 8EJ By POND ARCADIS U.S., Inc. 9 s:stftw y Tocr4l)6V-70 WPW1053 1053SO402 A Wesftgoed>,plaftBull .w.,a a«en sm 2_ or 2