HomeMy WebLinkAbout1997-146 a , 035493 91 DEC 31 PH 2: 19
• iGIRUO(LEOAyV1KiG
STATE OF �',I��l,!�
INDIAN. •"'a�"' C% '.
RESOLUTION NO. 97-146 THIS 1t*;-'i*FY TWT II;t,,
A TRV6k) CORRELi4t*t OF;
j� THE OalNACDJ� kEE.IN Tii� '
A RESOLUTION OF INDIAN RIVER COUNTY,O"'e"...:
FLORIDA, ACCEPTING A DONATION OF LAND •K•.'pA!t:1f* leets
- FROM LOST TREE VILLAGE CORPORATION AND III ' D.C.
ACKNOWLEDGING THE PARTIAL OPERATION OF A DATE a-�
REVERTER CLAUSE IN THAT RIGHT-OF-WAY DEED
RECORDED IN DEED BOOK 72, PAGE 179 FROM
im
am
ELIZABETH HANSEN TO THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA.
WHEREAS, on May 20, 1997 the Board of County Commissioners of Indian
River County entertained and approved a request from Lost Tree Village
Corporation that the County accept road right-of-way and conservation land
dedicated by Lost Tree Village Corporation as partial mitigation for the development
of two single-family residences on Wabasso Island;and
WHEREAS, the Board authorized staff to take the necessary action for the
County to obtain legally sufficient title to the property; and
WHEREAS, the upland areas proposed for development by the Lost Tree
Village Corporation are traversed by the centerline of a 100-foot road right-of-way
dedicated to Indian River County by Elizabeth Hansen on March 14, 1952, said right-
of-way being described at Deed Book 72, Page 179;and
WHEREAS,that deed by its own terms provided "in the event a public road is
not actually constructed on the right-of-way hereinabove described within ten (10)
years from the date hereof, this deed shall be null and void, and the land herein
described shall, in such event, revert to the party of the first party, her heirs and
assigns";and
WHEREAS, no public road was actually constructed on the right-of-way
dedicated by Elizabeth Hansen in 1952 within that portion of property now owned by
Lost Tree Village Corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,that:
1. The Board of County Commissioners hereby accepts the dedication of '—
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a 1.45-acre conservation area to be added to the property leased to the
Environmental Learning Center; and the dedication of.96 acres for Live Oak DriveCA
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right-of-way from Lost Tree Village Corporation as set out in the deed attached as
Exhibit"A"hereto. This document was Prepared by
(/ aul r�r ► :int !,^ rr! .rte^,I to
the Co•+::'c 0'fice,
1 11340 2:.rlt St., �' :o Butch,
Florida 329Ci0
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2. The Board of County Commissioners hereby acknowledge that the
dedication of right-of-way by Elizabeth Hansen in 1952 at Deed Book 72, Page 179,
Public Records of Indian River County,Florida Is null and void to the extent that 100-
foot right-of-way traverses the Lost Tree Village Corporation prop
described in Exhibit f8". j
The resolution was moved for adoption by Commissioner Marhtt and the
motion was seconded by Commissioner Ti ppi n , and, upon being put to a vote,
the vote was as follows:
Carolyn K. Eggert,Chairman Ave
John W. Tippin,Vice Chairman Aye
Kenneth R.l4acht Aye
Caroline D.Ginn Absent
Fran B.Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this day of iecfter 1997.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By �!
-- Carolyn K. ggert,Chai
ATTEST:�
Jeff re rt�c clerk /
APPROVED AS TO FORM
AND LEGAL SUFF,�CIENCY
BY
WILLIAM G. COLLINS II
DEPUTY COUNTY ATTORNEY
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EXHIBIT "All A
10%TQ7(F0RMS)LEGAL(WOCBNMn)
SPECIAL WARRANTY DEED
THIS DEED is made on the &/4— day of�, 1997 between
Lost Tree Village Corporation, a Florida corporation, Grantor, and the Board of
County Commissioners of Indian River County, Florida, a political subdivision of
the State of Florida, Grantee, whose post office address is 1840 25th Street,
Vero Beach, Florida 32960.
WITNESSETH :
That Grantor, for and in consideration of the sum of Ten Dollars, and
other good and valuable consideration to Grantor in hand paid by Grantee, the
receipt of which is acknowledged, conveys to Grantee and Grantee's successors
and assigns forever the following described land situate in Indian River County,
Florida:
See Exhibit"A"attached hereto.
And Grantor covenants with Grantee that, except as noted, at the time of
the delivery of this deed:
1. The premises are free from all encumbrances made by Grantor,
except as follows:
None
2. Grantor will warrant and defend against the lawful claims and
demands of all persons claiming by, through, or under Grantor,but against none
other.
Signed in the presence of LOST TREE VILLAGE CORPORATION,
the following witnesses: a Florida corporation
m
sign:
By: ,
print me: sunamw E.17 ,Gy Charles M. Bayer, Jr °B
President N
sign: e�
print name:
� ledPs. s 4u AJ
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STATE OF FLORIDA.
.1.
COUNTY OF J":. F"
The foregoing instrument was acknowledged before me by Charles M.
Bayer,Jr.,President of Lost Tree Vllla a Corporation, a Florida corporation
on behalf of the corporation. He is or has produced
as identification.
NOTARY PUBLIC
sign: '
print name: TI 1*it, vs �„wr
Commission No.:
Commission Expiration:
TIU1A
A E YAWN
NOTARY PUBLIC STATE OF FIAR
COMMIS61ON No.CC4W46
MY COMMISSION EXP.SEPT 46199!
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LEGAL DESCRIPTION
CONSERVATION AREA
COMMENCE AT A POINT 1,910 FEET SOUTH AND 1,428 FEET WEST OF THE
NORTHEAST CORNER OF SECTION 27,TOWNSHIP 31 SOUTH,RANGE 39 EAST,
INDIAN RIVER COUNTY,FLORIDA;THENCE,S21°47'00"E,429.96 TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. THENCE,CONTINUE
S21°47'00"E,60.04 FEET;THENCE, S48°01'00"E,643.00 FEET;THENCE,N24°46'00"E,
166.35;THENCE, N59°34'04"W,661.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.45 ACRES OF LAND MORE OR LESS AND LIES WHOLLY
IN INDIAN RIVER COUNTY,FLORIDA.
LEGAL DESCRIPTION
LIVE OAK DRIVE RIGHT-OF-WAY
COMMENCE AT A POINT 1,910 FEET SOUTH AND 1,428 FEET WEST OF THE
NORTHEAST CORNER OF SECTION 27,TOWNSHIP 31 SOUTH,RANGE 39 EAST,
INDIAN RIVER COUNTY,FLORIDA;THENCE,S2104700"E, 332.04 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. THENCE,
CONTINUE S2104700"E,97.93 FEET;THENCE, S59°34'04"E,661.00 FEET;THENCE,
N24046'00"E,60.30;THENCE,N59034'04"W,732.44 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 0.96 ACRES OF LAND MORE OR LESS AND LIES WHOLLY
IN INDIAN RIVER COUNTY,FLORIDA.
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EXHIBIT. "Al
nT 18:00 FAX 561 181 1599 J.J. REALE0TATE CO.
i wS✓!i F I
72 r.: 173
"`Id IHD�:r,4T.Z, e,,de this the • 0A°�.
.. „ day of o++lo:wr, A. D.
lard, betxeen IS,IZStD�111 tri:mr71
"d ':� C.• cCir�IY COc7:ILSIO:trJ1b �,nrrlodt party of the first Aare,
Indica R!vr Cegnty, $tate of
Flo ldn, ;.Lrty of tht seoom part,
rrYY�� +I1
t 1'h+t torr laid party of too first art 1
AM. in con.ider tion of the r•a or rhe Dollar ( P + tor I
valnoble ee,sslceratien: to +1.OoI *nd other
Mr in hand paid by the party of ttio
te
c treof'd part, the rieelpt srh1s here
r by sokno:,ledred, has Cr=- t
4 ar.E sold, end by those prenenta does grant, bargain
rind sell to the
'aid party of t!:e second Part, its n:ecessors, and
! L acal�nf, , riv t.of-�3y 2. eltf!7CAt
Ofe hundred (100) foot Nide !t
• Leatioe >7 '!p •1 South, of
q,,+,
r te 39 Fast, in Indian River
j V0Unty, Flarida, described as follows, to•w1tt
ii
+�:t P"rt of :'reef 1 i
zc:th, ..�ndw 39 r,rt1 in �@ctlon 27, Ta'Inship i
on "c" Glee ..t t!c :oljr.J t AarorlbedieepO feat
r :sQ tel::lst Yron chi E: •, C
°•t1*3st corner of Stet:on
:rection ling Vot,th, t:nae 39 treat ran
on the 60 fQ:t; ehnnee r„�+ dne fest
tte:sce of 21.cojp.ol,•ro o: $tate arine y and Muth sBrie`Se,
t 1 t•"•^ center line in r:• c:t to Point of beeinnirr of t!.'��`•: ;
I : •'�^!r.• !ua south 61�eyfir':s Go nail P"lnt of be- . r,,!`
' 1738,0 feet to the north and f0! a distance of '� .''i•j
of Pint Island
T7 above dercrlbtd
o' s pre., 1(kj font 11nc is the oanter lone
t..e .:Jbaiso g:'d• rl%:t of :ray trtenC '
► EE
j
C.'-,Qct r=t' Sha no°�in • Southeast dire ti mr;rp
to end of Pint Iliad.
+ :hl. deed is iaade for
the
t-e purpose of Qivin and +\�
i + Party or the second part, its weceesors, ltaai rt sran.ing to
# ; ani +arirno, r repro
r1th. of pay and a:ataent ori rnd t0 as"' :ants 'a. -+
i .1e
'r---ayau'?csts a 'Jub.
' i and i, rc<r.t, tyteuted aid delivered rri:h the
e1r; srd cond.-tion tort shoul,: the a•ae ever be C:s•
� cuItlnetd or
t-anEo::ee as • publ:e hleh#ay the title to the scc.e r:ill
t}trevpon rave: ;O .d
: a :evo.t is aha
Party
of the first part
evazL a ..•.:t, c �S:'istrstors, 'r
essecters
:s*�:1e road i� ,c',"! , °` u!'ens ec:
t
doaer:3i: toe:•, t (10 ematrueted on th• rlet:: otie�yrnor,.
• :i ) years free the dew hcroef, tela
ItAsrs11 be null arE vole,and nd the lard herein described stall
event, retort to tre . in �,�y
:�, party of the first part, her hoirs and e3ci169s. 41
IO✓1/J/7 TUE 13:57 FAT 661 231 1599 J.I. REAUSTATE CO.
72
1 And MO. asld party nq the first pert does hereby fully
warrent tete title is 8614 lends, and w111•def4a4 the some atpin:t 1
fit the lowtuL elnias of all persona whomaorver,
i t
.t,AEOT, the said party of the first part has 1
k rounto set her Asad and seely this the day and
written. year that &boys I
3ltne49 scaled and delivered i
In the presence off
•cs;aAl.� I
,
Crj'M O? nO_dDA
COR IM O? IiIDIL•A RIL'EA '
i
t DI tAis ds I
i y peraenal�r &Mored before tM
j authorized to take ackno"led an olfieer j
j PAents f o. deeds etc.s �LIT,1gE2H L.:53i
{ urma'riedl to se well knexn .nd knout to ae to b. the perspn described
In and who eue�cuted the toreletn; dead
1 I and sGe acknowledted boto-8 ae
that she ezecvted the s1r* for the user and purposes therein e:�:essed,
! 10 .II M53 .n.=pp, I have hereunto set my hand an! cltieial 1
seal at Vero Baseh9 said Cau:ty ;std 5:ata, this
A. D. 19S1 "•1" ` day
I
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J r pnau'Y 1'u 16-M����••,CV/1• �
state of Florida
WV CCMaisolca Expiress
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