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Home My WebLink About2010-071The Henry J. Dabrowski Irrevocable Trust to City of Sebastian for public use (preservation and conservation of working waterfront) RESOLUTION NO. 2010- 071 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN 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 1 RESOLUTION NO. 2010- 071 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, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands which were purchased for public use for preservation and conservation of a working waterfront from the Henry J. Dabrowski Irrevocable Trust, by the City of Sebastian are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Trustee's Deed describing lands, recorded in O.R. Book 2431 at Page 1266, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Davi s , and the motion was seconded by Commissioner Wheeler , and, upon being put to a vote, the vote was as follows: Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Aye Wesley S. Davis, Commissioner Aye Joseph E. Flescher, Commissioner Gary C. Wheeler, Commissioner Aye Aye Aye 2 RESOLUTION NO. 2010- 071 The Chairman thereupon declared the resolution duly passed and adopted this 14 day of September , 2010. BOARD OF COUNTY COMMISSIONERS INDI RIVER COUNTY, FLORIDA By �r� �✓,G`____ Peter D. O'Bryan, Chairm ATTEST: Jeffrey K. Barton, erk By•r v�:? ,641./z4?/��G�,r�� eputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICI BY C-1' ALAN 5. POL7.CKWICH COUNTY ATTORNEY �\O1 . , M�Yj�ss/o Via` •t.J Tax Certificates Outstanding Current Prorated Tax Received and Deposited with Tax Collector yes /no 3 2077483 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2431 PG: 1266, 07/12/2010 11:53 AM DOC STAMPS D $5250.00 This Instrument Prepared By and Please Return To: American Government Services Corporation 3812 West Linebough Avcatuc Tampa, Florida 33618 AGS # 23482 TRUSTEE'S DEED TIIIS INDENTURE, made this day of lune, A.D. 2010, between HERBERT V. MORRISON, SUCCESSOR TRUSTEE OF THE HENRY J. DABROWSKI IRREVOCABLE TRUST UNDER REVOCABLE LiVING TRUST AGREEMENT DATED JULY 17, 2007, whose address is 28826 Ramblewood Drive, Farmington Hills, M1 48334-1750, Grantor, and CITY OF SEBASTIAN, a municipality within Indian River County, Florida, whose !nailing address is 1225 Main Street. Sebastian, Florida 32958, Grantee, (Wherever used herein the arms "Grantor" and "grantee" include all the partici to this Instrument and their heirs, logal representatives, successors and assigns, "Grantor" end "grantee" are used for singular and plural, as she content requires and the use of any gender shall include engenders.) WITNESSETH: That the said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all right, title, interest, claim and demand which the said Grantor has in and to the following described land situate, lying and being in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto and by reference made a part hereof. By acceptance of this Trustee's Deed, the Grantee hereby agrees that the use of the Property described herein shall be subject to the covenants and restrictions as set forth in the Declaration of Restrictive Covenants recorded in the Public Records of Indian River County, Florida. These covenants and restrictions shall run with ilte Property herein described. If any term or condition of the Declaration of Restrictive Covenants is violated by the Grantee or by some third party with the knowledge of the Grantee and the Grantee does not correct the violation pursuant to the Declaration of Restrictive Covenants, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal improvement Trust Fund of the State of Florida in accordance with Chapter 380, Pan 111, Florida Statutes. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining and ail the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. THIS DEED is executed pursuant to and in exercise of the power and authority granted to and vested in said Trustee by the terms of said deeds or deeds in trust delivered to said Trustee in pursuance of the Trust Agreement above mentioned. This decd is made subject to taxes and assessments for the year 2010 and years thereafter and subject to easements and restrictions of record, if any. This conveyance is subject to easements, restrictions, limitations and condition., of record if any now exist, but any such interests that may have been terminated are not hereby re -imposed. This property is not the homestead property of the Grantor(s), nor contiguous to homestead property, as such homestead is defined under Florida law. IN WITNESS WHEREOF the Grantor has hereunto set Grantor's hand and seal, the day and year first above written. Signed, sealed and delivered in the present (Si . first Witness) Herbert V. Morrison, Successor Trustee of the He ry J. Dabrowski c5;,.&pyi a L w 7,474.&) irrevocable Trust Under Revocable Living Trust Agreement dated ( irate , typed or stamped name of July 17, 2007 rst W'tness.) • (S c ature of sec n& 9'itness) ` 1 Ni� r65'. (Printed, typed or stamped name of second witness) STATE OF I`'t ical &Ato COUNTY OF W An) ,Tite.fer,dgeig instrument was acknowledged before me this ad day of TM f- , 2010, by Herbert V. Morrison, ce{t lis, t4, oftlte Henry J. Dabrotvski Irrevocable Trust Under Revocable Living Trust Agreement dated July 17, V) (Notary Public must check applicable box): •a,' 4tt": t S/Pl) r9 r". r /,3 , r / . L ] r % as identifi ,tion. rr>E. Lasa.. (Printed, Typed or Stamped Name of Notary Irubli t ,^. r; Commission No.: 7s °•.= �.�. r ?,. ' My Commission Expires: [] 18 nally known r . need a current d oduccd me license. otary ' ublic - State of i igen t,JS.'l la. 80 COUN1Y��Oyyfpp�tppVA��VI� ...,a ,: t:,h.Js OFEMRE8NGY it, l+ wAyrvas BK: 2431 PG: 1267 EXHIBIT "A" LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1, MIDDLETON'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2, PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE (BEING A POINT 37.15 FEET DUE EAST OF THE CENTERLINE OF INDIAN RIVER DRIVE), THE POINT OF BEGINNING; THENCE NORTHERLY 118°41'37" ALONG THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE, A DISTANCE OF 184.75 FEET MORE OR LESS TO A CONCRETE MONUMENT MARKED "X"; THENCE RUN EAST 10° NORTH OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER; THENCE SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN RIVER; THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF GOVERNMENT LOT 1, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST. TOGETHER WITH A UPLAND, SUBMERGED LAND, LITORIAL RIGHTS, SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME APPERTAIN TO THE PROPERTY ABOVE DESCRIBED. SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.