HomeMy WebLinkAbout2008-148Sys: 12th Street (Church of Latter Day Saints)
Tax ID #33-39-15-10000-1006-00006.0
RESOLUTION NO. 2008- 148
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 Quitclaim Deed
recorded in OR Book 2281, Page 1198 (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 121h 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 Absent
Vice Chairman Wesley S. Davis y—e—
Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan Nye
Commissioner Gary C. Wheeler Absent
The Chairman thereupon declared the resolution duly passed and adopted tht '' 23rd day'of Comber,
2008.:, y
INDIANF3 CO JNiIw%FLORIOX',
Attest: J. K. Barton, Clerk
/il FCX R tiJ'�
By: *Wesley:,[ 60v ,-Vice-Chairrh
Deputy Clerk o.
j Approle-� as to form and legal
Marian E. Fell,sBdht
Assistant County Atto
NO TAX CERTIFICATES
OUTSTANDING
/ When recorded mail to:
Indian River County
180127 1h Street
Vero Beach, FL 83960-3365
Attn: Robert Webb, Land Acquisition
With A Copy To:
Corporation of the Presiding Bishop
Real Estate Services Division
50 E. North Temple St., 12th Floor
Salt Lake City, Utah 84150-6320
Tax Parcel I.D. #33-39-15-10000-1006-00006.0
QUITCLAIM DEED
(Property No. 515-1260)
1937526
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RE:,ORDS
OF INDIAN RIVER COUNTY FL
BK. 2281 PG: 1198, Pagel of 5
;412008 at 03.22 PM, D DOCTAX PD
Tr,
JEFFR,- v 3ARTON, C-ERK OF CIDURT
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole ("Grantor"), hereby quitclaims
to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida
("Grantee"), whose address is 180127 1h Street, Vero Beach, FL 83960-3365, for the sum of Ten
and No/100 Dollars and other good and valuable consideration, the following parcel of real
property (the "Property") located in Indian River County, State of Florida, and more particularly
described as follows:
See Exhibit A, attached hereto and by this reference made a part hereof.
GRANTOR CONVEYS THE PROPERTY AND ANY AND ALL IMPROVEMENTS
LOCATED THEREON IN THEIR "AS IS," "WHERE IS" CONDITION, SUBJECT TO ALL
LEGAL REQUIREMENTS, WITHOUT WARRANTIES, EITHER EXPRESS OR IMPLIED,
"WITH ALL FAULTS," INCLUDING BUT NOT LIMITED TO BOTH LATENT AND
PATENT DEFECTS. BY ACCEPTING THIS DEED, GRANTEE WAIVES ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONDITION AND USE OF
THE PROPERTY AND THE IMPROVEMENTS LOCATED THEREON, INCLUDING, BUT
NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND TO THE EXTENT ALLOWED BY LAW INDEMNIFIES,
SAVES, HOLDS HARMLESS AND AGREES TO DEFEND GRANTOR FOR, FROM AND
AGAINST ANY LOSS, DAMAGE OR CLAIMS OF ANY KIND IN CONNECTION WITH
THE PROPERTY OR THE IMPROVEMENTS THEREON FROM AND AFTER THE DATE
OF THIS QUITCLAIM DEED.
In the event any governmental, municipal or other approval is required or necessary to
effectuate the intent of this Quitclaim Deed or any terms or provisions herein, such as the
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preparation, filing and approval of a lot line adjustment, subdivision application, plat, etc.,
Grantee shall prepare, file such necessary documents and obtain any and all required
governmental approvals, at its sole cost and expense, and hereby indemnifies, saves, holds
harmless and agrees to defend Grantor from any and all costs, expenses, and claims caused by or
arising from the failure to do so. Obtaining any such required or necessary governmental,
municipal or other approval is a condition precedent to the transaction described herein. Grantor
agrees to reasonably cooperate with Grantee to obtain such approval, if necessary, provided that
Grantor shall not incur any expenses associated therewith.
RESERVING unto Grantor, its successors and assigns _ a perpetual non-exclusive
easement on over, and across the Property to access the improved public right of way.
ALSO RESERVING unto Grantor any water rights or rights to the use of water whether
appurtenant to the Property or not in which Grantor may have an interest. Grantor does not
intend by this deed to transfer any water rights or rights to the use of water and it is Grantor's
intent that this conveyance shall not transfer any water rights or rights to the use of water by
implication. The Grantor specifically reserves, excepts and retains Mineral Rights. For purposes
of this instrument, "Mineral Rights" include, whether on, in or under the premises, all of the
following --minerals, whether common or precious; coal; carbons; hydrocarbons; oil; gas;
petroleum; chemical elements and substances whether in solid, liquid or gaseous form; and steam
and all sources of geothermal energy. In the event all or part of the Mineral Rights have been
reserved or severed previously from the surface estate, grantor hereby reserves, excepts and
retains all of the Mineral Rights not previously reserved and reserves, excepts and retains its
after-acquired title to all of the Mineral Rights to the extent that prior reservations thereof are
released or abandoned after the date of this conveyance.
THIS CONVEYANCE IS SUBJECT TO: (i) any state of facts which an accurate survey
or physical inspection of the Property might show, (ii) all zoning regulations, restrictions, rules
and ordinances, building restrictions and other laws and regulations now in effect or hereafter
adopted by any governmental authority having jurisdiction, and (iii) current taxes, reservations,
easements, rights-of-way, covenants, conditions, restrictions, encroachments, liens, and
encumbrances, and all other matters of record or enforceable at law or in equity.
1061385
DATED this 10 day of June, 2008.
GRANTOR:
roRA
e s Q a
�s �''w� �01'1Are14
Z • OF THE
SEAL
�c
..o A , a.
STATE OF UTAH )
:ss
COUNTY OF SALT LAKE )
CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER-DAY
SAINTS, a Utah corporation sole
By:
Name (Priv : L.,,, ,
Its: Authorized Agent
On this 10th day of June, 2008 personally appeared before me Terry F. Rudd, personally
known to me to be an Authorized Agent of CORPORATION OF THE PRESIDING BISHOP
OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation
sole, who acknowledged before me that he signed the foregoing instrument as Authorized Agent
for the CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, and that the seal impressed
on the within instrument is the seal of said corporation; and that said instrument is the free and
voluntary act of said corporation, for the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute said instrument on behalf of said corporation and that said
corporation executed the same.
WITNESS my hand and official seal.
FLORA D. W=FTAK
a,.. �r
NOTARY PUBLIC -S50 E. NORTH TENotar Public for the tate of Utah
SALT LAIa CITY,yMyComm. .
1061385
GRANTEE:
INDIAN RIVER COUNTY, FLORIDA
a political subdivision of the State �f Florida ✓
By: INDIAN RIVER COUNTY, I1LORIDA
BOARD OF COUNTY COMW SSIONFRS, _
12
Date
Approved as to form and Legal Sufficiency:
Deputy County Attorney
Date Signed:
STATE OF FLORIDA )
:ss
COUNTY OF INDIAN RIVER)
L. Bowden, Chairman
July 15, 2008
-ATTEST: J.K. Barton, Clerk
By. .0.
Date: Signed:
Indian River County Adp�)i
By:
L--Q-
1pA�aird
Date �igned: 7 1
On this 15th day of July , 2008, personally appeared before me Sandra L.
Bowden, known or satisfactorily proved to me to be the person who signed the foregoing
instrument, and acknowledged to me that she is the Chairman of the Indian River County Board
of Commissioners, and that she signed the foregoing instrument on behalf of INDIAN RIVER
COUNTY, FLORIDA, a political subdivision of the State of Florida, and acknowledged to me
that said Indian River County, Florida executed the same.
E
Notary J
* W COMMISSION # DD 702283
EXPIRES: Auquet 6, 2011
OF FY BoMW ft 9010 Notary Smka
1061385
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