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HomeMy WebLinkAbout2014-118RESOLUTION NO. 2014 - 11 g A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING INDIAN RIVER COUNTY HABITAT FOR HUMANITY, INC. TO TRANSER TWO LOTS DONATED BY INDIAN RIVER COUNTY DECLARED SURPLUS PROPERTIES WITHIN GEOFFREY SUBDIVISION TO EVERY DREAM HAS A PRICE, INC. WITH THE PROVISION OF CONSTRUCTION OF AFFORDABLE HOUSING AND TO ALLOW EVERY DREAM HAS A PRICE, INC. 3 YEARS TO BUILD ON THOSE PROPERTIES; AND TO GIVE THE ONE REMAINING A ONE YEAR EXTENSION TO HABITAT FOR HUMANITY, TO BUILD ON THE ONE REMAINING DONATED LOT WITHIN SMITH PLAZA SUBDIVISION. WHEREAS, Section 125.379, Florida Statutes, states that by July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing; and WHEREAS, in 2007, county staff compiled a list of 441 county owned properties and identified the designated use for each of those properties; and WHEREAS, in 2007, county staff determined that only ten (10) properties on the list were appropriate for use as lots for affordable housing; and WHEREAS, the county donated 3 of those properties "lots" to The Coalition for Attainable Homes, Inc., "Coalition" with the deeds for those lots recorded in Book 2385, Pages 1947-1951; Pages 1952-1956; and Pages 1957-1961; and WHEREAS, each lot's deed to the Coalition contained an exhibit "B" which requires the Coalition to build affordable housing on each lot within three years of the date of the conveyance of the lots to the Coalition; and WHEREAS, the Coalition notified the county that it is not able to utilize the three lots and wishes to return them to the county; and RESOLUTION NO. 2014 -118 WHEREAS, in December 2011 Indian River County allowed the Coalition to transfer the three lots to Indian River County Habitat for Humanity, Inc. with a three year building restriction, with deeds to properties recorded in Book 2547, page 563 attached as Appendix A; and WHEREAS, Indian River County Habitat for Humanity, Inc. recently informed the county that it wishes to return two of the lots located in Geoffrey Subdivision to the county and requested a one year extension to build on the Smith Plaza subdivision lot; and WHEREAS, Every Dream Has A Price, Inc. indicated that they are interested in obtaining the two Geoffrey Subdivision lots under the provision of using the lots for affordable housing units. NOW THEREFORE, BE IT RESOLOVED by the Board of County Commissioners of Indian River County, Florida that: Section 1. The above recitals are ratified in their entirety. Section 2. The Board of County Commissioners hereby authorizes Indian River County Habitat for Humanity, Inc. to transfer the two properties located in Geoffrey Subdivision to Every Dream Has A Price, Inc. with the properties' restrictive covenants remaining in place, and that the three year period for construction of affordable housing units on the subject lots shall start on the date of the deed transfer. The Board of County Commissioners also hereby grant one year extension to Habitat for Humanity, Inc. to build an affordable housing unit on the Smith Plaza subdivision lot. The foregoing resolution was offered by Commissioner pipgr }er , and seconded by Commissioner. O' R roan , and being put to a vote, the vote was as follows: 0 RESOLUTION NO. 2014-11a Chairman, Wesley S. Davis Aye Vice Chairman, Bob Solari Aye Commissioner Peter O'Bryan -Ay-p— Commissioner, Joseph E. Flescher -Aye- Commissioner, Tim Zorc Ay -P The Chairman thereupon declared the resolution duly passed and adopted this 9th day of December 2014. Board of County Commissioners •••.i*i of Indian River County :g r By Wesley S. Davis, Chairman Attest by: &�'66', 1b • G Jeffrey R. Smith, Clerk of the Circuit Court & Comptroller APPROVED AS TO FORM LEGAL S_UFFICIENCY-) ,Y 'Dylan Reingold County Attorney FACommunity Development\COUNTY OWNED LANDS\2011- Lots from CFAH to HFH\2014 Resolution for lot transfer between HFH and EDHP.doc 3 e t l This Instrument prepared by - Record and return to: Timothy M. Zwemer, Esquire ROSSWAY MOORE TAYLOR & SWAN Attorneys at Law Modern One Building, Suite 200 2101 Indian River Boulevard Vero Beach, Florida 32960 Telephone: (772)231-4440 Parcel iD Number: 32-39-26-00010-0080-00110.0 Parcel ID Number. 32-39-26-00010-0080-00111.0 Parcel ID Number 32-39-22-00007-0090-00009.0 Appendix "A" QUIT -CLAIM DEED 21114863 THIS DOCUMENT I"IAS BEEN RECORDED IN TH COUNTY RECORDS OF INDIAN RIVER P �c ei of 6 8K. 2547 pC,-563, 3 D DOCTAX PD 0 110 612012 at 03-44 PM. j0,70 JEFFREY CLERK OF K 13AR COURT THIS .QUIT -CLAIM DEED is executed as of the 31st day of December, 2011 by the COALITION FOR ATTAINABLE HOMES, INC,, a Florida not-for-profit corporation, whose address is 171.7 Indian River Boulevard, Suite 301, Vero Beach, Florida 32960 (hereinafter referred to as "Grantor"), in favor of the INDIAN RIVER COUNTY HABITAT FOR HUMANITY, INC., a Florida not-for-profit corporation, whose post office address is 4568 N US HWY #1, Vero Beach, Florida 32967 (hereinafter referred to as "Grantee"). WITNESSETH: That the said Grantor, for and in consideration of the sum of Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby transfer, assign, and convey to the said Grantee and Grantee's heirs, legal representatives, successors, and assigns, the following described lots, pieces, or parcels of land, to -wit: See COMPOSITE EXHIBIT "A" attached hereto and incorporated herein by reference. Pursuant to the holding in Department of Revenue v. Race, 743 S.2d 169 (Fla. 5th DCA 1999), Section 201.02(1) requires a purchaser and consideration before documentary stamp taxes are due. As there was no purchaser in connection with the transaction evidenced by this conveyance, only nominal, but sufficient consideration was exchanged between Grantor and Grantee in order to induce Grantor to execute this instrument. Accordingly, only minimal documentary stamp tax is due and payable. This instrument has been prepared solely from information provided by the parties hereto. There are no express or implied guarantees as to marketability of title, accuracy of the description, or quantity of land described, as no examination of title to the property has been conducted. The scrivener has not provided advice on the subject of taxation or the legal or non -legal consequences that may arise as a result of the conveyance, including specifically the availability or loss of title insurance coverage; further, the scrivener has not verified the accuracy of the amount of consideration stated to have been exchanged or paid in connection with the conveyance or upon which documentary stamp taxes may have been calculated. TO HAVE AND TO HOLD unto Grantee and Grantee's heirs, legal representatives, successors, and assigns. IN WITNESS WHEREOF, Grantor has caused these presents to be executed on the day and year set forth below. Signed, sealed and delivered "GRANTOR" in the presence of: COALITION FOR ATTAINABLE HOMES, INC. a Florida not-for-profit corporation (Name: ;M Witn ss Number One I Nage: Witness Number Two STATE OF FLORIDA ) ) ss: COUNTY OF INDIAN RIVER ) THOMAS W. TIERNEY, Chair ,an The foregoing instrument was acknowledged before me this 31't day of December, 2011, by THOMAS W. TIERNEY, as Chairman of the COALITION FOR ATTAINABLE HOMES, INC., a Florida not-for-profit corporation, who did acknowledge before me that said person executed the foregoing instrument for the uses and purposes therein set forth. Said party Is (check one) personally known to me or (__) has produced as identification. [Seal] Name: 1 ;;;y:''•.,; SUMMER Notary Public, State ;q=y MY C0741MISSION it DD 972t7etb EXPIRES: November 29.2073 My Commission Expi •• >i ` Bonded Thru toot" PublicUndervrriers F:\Zwerner\TWT\Coalition for Affordable Home s\Quit-Claim Deed.doc rida 'at Large. LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 32 SOUT 39 EAST, INDIAN RIVER COUNTY, F RIDA, MORE ARTICULARLY DESCRIBED ASOLL LOT 9, BLOC 9 ACCORDING TO THE PLAT OF SMITH PLAZA, P BOOK 1, P GE 18 OF THE PUBLIC RECO DS OF INDIAN RIV R COUNTY, FLORIDA. SA 7CHANl.2DF.SCR/PTIONOF NOW LYING I I IAN RIV 0 TY, FLORIDA. CONTAINING 6, 00 SQUAB FEET, MORE OR LESS, OR 0.15 ACRES. NOTES (nz) $ay—e000 ON NOT VALID 1. THIS SKETOANDION WITHOUT THE ND RA EO EAL OF THE FLORIDA REGISYOR A PPER 'O NAMED HEREOv 2. THIS SKETCRIPTIO M ETS OR EXCEEDS ALL REQUI ME TS AS ESTABLISHED I-6 FLORIDA z ADMINISTRATIVEw 3. THIS SKETION AND ADJOINING Q PARCELS MAY BE UBJECT TO EAS ENTS, RESTRICTIONS,IGHT—OF—WAY N T SHOWN 0 AND MAY BE F UN C FECORDS. 4. THIS SKETCH AND DESCRIPTION D ES NOT M REPRESENT A FIELD V ING PROPERTY CONDITIONS OR FEA UR S RE NQ SHOWN. LEGEND ABR TI S P.B.=PLAT BOOK PG.=PAGE R/W=RIGHT—OF—WAY 's O.R.B.=OFFICIAL RECORD B OK ••. �,.," ..:.:< CERTIFICATION ciF�c'F, �. ,��� SURVEYOR AND MA Nwi,"'CtLCr 41 A 30 1 0 15 30 GRAPIiIC SC7—/13 1 inchQ ft" LOT 8 IMPROVED O Z O� 60 v Y g L 19 UNI PROVED Y 20 1 I I LO 10 LOT 11 a- L 21 I ROVED UNIMPROVED U PROVED i Tj STREU 1 MICHAEL O'BRI . .S.M., C. `— " ' == 3a:n. SKET TO CCOMPANY LEGAL D IPTION ��.sscc FLORIDA REGIST ION N0. 61 Yet.' INDIAN RIVER COUNTY SURVEYO k� PREPARED FOR IN I RIVER COUNTY ENGINEERING DEPARTM NOVW RIVER COUNTY AOAlIN15'fliAT10N BUILDI16 �iVDlAA��I RCOUN77' �' SECTION .� B.R0.4CH SA 7CHANl.2DF.SCR/PTIONOF iaoT 27TH STREET vERo BEACH, a 32e60 DEPART fBN!"OF 418 WORXS AvPRoveo BY. TOWNSHIP 31S GOT,, BLOCKS (nz) $ay—e000 ENG/NFERDVG DIVISION M 0BRJEN I RAN G F 3PE SMJTH PLAZA SUJTDNJSJON I LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 32 SOUTH, RANGE 3 DIAN RIVER COUNTY, FLORIDA, MORE P TICULARLY D CRIBED AS FOLLOWS: LOT 111, BLO CCO G THE PLAT OF W.E GEOFFREY'S SU pl SION, PLAT 00 2, PAGE 32 OF THE PUBLIC R CO DS OF ST. L CIE COUNTY, FLORIDA NOW LYING 1 IN IAN RIVER C UN FLORIDA. CONTAINING 5 35 SQUARE FE , ORE OR LES 0 0.12 ACRES. NOTES 1. THIS SKETC4AN N07 VALID WITHOUT THE SIAND El OF THE FLORIDA REGISTM PPER NAMED- HEREON. 9CRIAND I 2. THIS SKETCME S OR ` EXCEEDS ALL AEN AS O ESTABLISHED INF ORIDA ADMINISTRATIVE 3. THIS SKETC ADJOINING W PARCELS MAY BE SUBJECT TO EASEMENTS, Z RESTRICTIONS, 0 GHT—OF—WAYS SHOWN W AND MAY BE FOUNDIIN THE R CORDS. > 4. THIS SKETCH AND DESCRIPTION DO ---S. NOT Q REPRESENT AFI LD G ROPER7YCONDITIONS OR EAT A E NO SH WN. �REr �— P.B.=PLAT BOOK PG.=PAGE R/W=RIGHT—OF—WAY O.R.B.=OFFICIAL RECORD BO K n SURVEYOR AND JMAF -4 d // "911') • lm LOT 124 IMPROVED If A tf 30 0 15 30 60 GRAPHIC SCALE 1 inch = 0 )LACE (50' R/ W.E. P.B. 2, LOT 110 UNIMPROVED LOT 123 IMPROVED SION COUNTY LOT 112 Ill IMPROVED ! LOT 122 LOT 121 IMPROVED f-) IMPROVED MICHAEL 0'B IE P.S.M., "y � A BOUNDARY St C' �' 9 SKETC 0 COMPANY LEGAL D PTION ;„ FLORIDA REGISTRATION N0. 611 <1-'` � y _ ED FOR IN RIVER COUNTY ENGINEERING DEPARTM INDIAN RIVER COUNTY SURVEYOR .- ' `" } NOUN RNEtt COUNTY wwN1SfRATON ur BUIIOIN. !e IDB. B. RROACH SECTION 26 5)tZ- 'ANDDFS0UF770NOF ' i STREET � ttl, BLOCK B VMDSTREETBFi�CH. FL 32960 WNSHI P 3ZS LOT (772) 567-8000 M. O6RlEN I 'RA N 3RE IW.E G60fFREi S SIJBDlYISlON j Y LEGAL DESCRIPTION ��._�-�. �- -� - - -^ _ ,�•-. �.. A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 32 SOUTH, RANGE 3 INDIAN RIVER COUNTY, FLORIDA, MORE F ICULARLY SCRIBED AS FOLLO LOT 110, BLO K ING 0 THE PLAT OF GEOFFREY'S S SDI ISION, PLAT BO K 2, PAGE 32 1 THE PUBLIC R C DS OF ST. L Cl COUNTY, FLOR NOW LYING I I DIAN RIVER C U FLORIDA. CONTAINING ,3 SQUARE F ORE OR LESS, 0.12 ACRES. NOTES 1. THIS SKETCH D DESCRIPTIO IS NOT VAUD WITHOUT THE SIG ATU AND SE SEAL OF THE FLORIDA REGIS ED SURVEYOR A D APPER NAMED HEREON 2. THIS SKET A D DESCRIPTIO M ETS OR EXCEEDS ALL PLI BLE REQUIR EN S AS ESTABLISHED IN HA R 61G17 6, LORIDA ADMINISTRATIVE C E. 3. THIS SKETCH A DESCRIP AND ADJOINING PARCELS MAY BE SUBJE EASEMENTS, RESTRICTIONS, 0 IGHT-OF-WAYS T SHOWN AND MAY BE FON IN THE WIN CORDS. 4. THIS SKETC A E D ES NOT REPRESENT A FI LDVEY ING PROPERTY CONDITIONS OR EA UR S RE NO SOWN. PPLAT BOOK \ PG.=G.=PAGE R/W= RIGHT- OF -WAY O.R.B.=OFFICIAL RTIRECORD BO K CEFICATION n •' SURVEYOR AND MAL'PZR A RWF MICHAEL O'BRIE S. M., FLORIDA REGIS? ION NO. :. INDIAN RIVER COUNTY SURVEY.f. IAN RIVER COUNTY ADMINISTRATION IIUII.DIN 1801 27TH STREET "RO BEACH. , 32860 (772) 567-8000 1(@ 3� 0 15 30 6D A BOUNDARY SU -14 �T > 7;`: SK ET TO CCOMPANY LEGAL D IPTION i?REPARED FOR IN RIVER COUNT( ENGINEERING DEP NT GY33lJMY B. ROACH SECTION Z6 DRAWN ErY: SAaTCHAMDD.FS0FJPTIONOF s'r 91t pUA JCTCiORXS APPROVED a+r: TOWNSHIP 9ZS LOT Ila BLOCKS 1 17dC?O BRINCD/1?SION M. OBRlEN RANGE 39L W.E GEOPFRB'YSSUTDlTUlON a� h.