HomeMy WebLinkAbout2017-016 x
dedication of right-of-way(11th Street&LI S Highway 1)
for Popeye's project
by POP FLORIDA PROPERTIES, LLC
RESOLUTION NO. 2017- 016
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, ACCEPTING A RIGHT-
OF-WAY DEDICATION AND 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. 2017- 016
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:
1. The dedication of right-of-way as described in O.R. Book 2998, at
Page 1668 of the Public Records of Indian River County, Florida, is hereby
accepted; and
2. Any and all liens for taxes delinquent or current against the
following described lands, which were acquired for right-of-way from POP
FLORIDA PROPERTIES, LLC, a Delaware limited liability company, are hereby
cancel)
edursuant to the authority of section 196.28 F.S.
P Y
See attached warranty deed describing lands,
recorded in O.R. Book 2998 at Page 1668, Public
Records of Indian River County, Florida.
The resolution was moved for adoption b Commissioner O's an
p y e ry , and
the motion was seconded by Commissioner Flescher ,, and, upon being put to
a vote, the vote was as follows:
Chairman Joseph E. Flescher AYE
Vice Chairman Peter D. O'Bryan AYE
Commissioner Susan Adams AYE
Commissioner Tim Zorc AYE
Commissioner Bob Solari AYE
2
RESOLUTION NO. 2017- 016
The Chairman thereupon declared the resolution duly passed and
adopted this 7th day of March , 2017.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIV COUNTY, FLORIDA
B
s `A-
F lescher, Chairman
ATTEST: Jeffrey R. Smith, Clet
of Court cqlnd Comptrp4Lr
Deputy Clerk
Tax Certificates Outstanding z/
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $
APPROVED AS TO FOR
AND AL =FCFY
s
WILLIAM K.DEBRAAt
DEPUTY COUNTY ATTORNEY
3
r cutout`from Tax Parcel I.D.33-39-12-00017-0020-00009 0
Thb doe8liffitent Wasfi �
ared 1b
1�
ga>d abou ld be returned to
the County attorney's Office
1801 27th Street
Vero Beach, Florida 32960
THIS INDENTURE, made this if day of \) 2017
between POP FLORIDA PROPERTIES, LLC, a Delaware limited li bility company,
whose mailing address is 3318 Forest Lane, Suite 200, Dallas,j Texas 75234,
hereinafter called GRANTOR, and INDIAN RIVER COUNTY, a politichl subdivision of
the State of Florida., whose mailing address is 1801 27th Street, Vero Beach, Florida
32960, hereinafter called GRANTEE.
WITNESSETH :
That GRANTOR, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration to GRANTOR in hand paid by
GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and
sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following
described land, situate, lying and being in Indian River County, Florida:
See Exhibit "B" attached.hereto and made a part hereof.
GRANTOR does hereby fully warrant the title to the land, and will defend
the same against the lawful.claims of all persons whomsoever.
Signed, sealed and delivered POP FLORIDA PROPERTIES, LLC, a
in the presence of: Delaware limited liability company
signature:
printed name: j2 By
r
G4 rales
rales
signature: 1 Chief ecutive Officer
printed na`
3120170005802
APPROVED AST F{) ! RECORDED IN THE PUBLIC RECORDS OF
ANT rp� GL PF I C JEFFREY R SMITH, CLERK OF COURT
1 INDIAN RIVER COUNTY FL
BK. 2998 PG. 1668 Page 1 of 4 2/2/2017 11 34 AM
SY � D DOCTAX PD$0 70
WILLIAM K,DE AAL
DEPUTY COUNTY ATTORNEY
STATE OF
COUNTY OF�Nyy
2�
The foregoing instrument was acknowledged before me this day of
2017, by Guillermo Perales, Chief Executive Office of POP
FLORIDA PROPERTIES, LLC, a Delaware limited liability company authorized to
do business in the State of Florida, who executed on behalf of and with the authority
of said limited liability company. He is either personally known to me or has produced
�SiSQJtk 'y—A saJ (driver's license or passport) as identification.
NOTARY PUBLIC
printed n me,
6A(atz/ -
(SEAL): Commiss o.:
Commission Expiration-
"
JAMI ANN GRAF
My Commission Expires
November 14,2019
+�OWF
2
SKETCH OF LEGAL DESCRIPTION
(NOT A SURVEY)
CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING
C 1 00'0648" 4871 15' 9.64' 4.82' 9 64' N 00'08'06"E
C 2 90'09'45" 3000' 47 21' 30 09' 42 49' N 44'53'21"W
C 3 53'17'32" 25 00' 23.25' 12 54' 22.42' S 63'19'28"E
NORTH LINE LOT 1, BLOCK 2_
LOT-1 BLOCK2
r' DETAIL P.O.C.
LINE BEARING DISTANCE � NE CORNER
L 1 N 00'11'30"E 23.53' ��//�� 1"=,30' LOT 1,BLOCK 2
(// �J CASA RIO
w L 2 S 43'30'20"E 21.71'
Z � SUBDIVISION
L 3 S 18'05'25"W 48.81' v
L 4 S 00'11'30"W 3.08' W
L 5 N 89'58'14"W 10.01' Z
O L 6 N 00'11'30"E LOT ONE J v
---� - Q
Of
C_3
F- LOT 16 LOT7
BLOCK2 BLOCK2 Y LL-
U-)
o O O
LOtl TWO m _
Lu ^
z
LOT 15 1 OT8
SL 00-l<2 ( BLOCK2 Co
N I w
Q �
i W
LOT 9
Q, � ,� Q) BLOCK 2 BLOCK2
q LL
ti
LOT(THREE
F� LOT 13 LOT 10
BLOCK2 I BLOCK2
O �
P.O.B.
u- �Fl;
Q C6 v LOT 12 ( LOT Y 1
I— Cp BLOCK2 SLOCK2
U.1 I SE CORNER
Z a� BLOC 2
V SOUTH LINEI BLOCK 2 RADIAL
cn Q L N 89 58 14 W NORTH RIGHT OF WAY LINE 11TH. ST. S 89 SS'78'E
u� i�: E'3 254.92' 11THSTREET 487115'
35'RIGHT OF WAY(PLAT)
rSESCRIPTION
"B" RIGHT OF WAY DEDICATION LEGAL DESCRIPTION
OF GRAPHIC SCALE
5o a z5 50
F LEGAL DESCRIP77ONUNDARY SURVEY
( IN FEET )
PROJ. NO 14-048—L3—RWD DATE: 12-05-16 N o r t I-1 1 inch = 50 ft
DWN BY: C.H B. PLAT OF SURVEY FOR: WAWA REAL, ESTATE
CKD. BY: S.P.T.
THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE MERICMAN
SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LAND SURVEYORS
REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH 1717 INDIAN RIVER BLVD,SUITE 201
SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE VERO BEACH, FL. 32960 LB#6905
ATTACHED REPORT, THE PLAT AND REPORT ARE NOT FULL PHONE 772-794-1213,FAX 772-794-1096
AND COMPLETE vnrt+ouT ONE ANOTHER. EMAIL:MLS.LB6905@GMAIL.COM
PAGE 1 OF 2
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SKETCH OF LEGAL DESCRIPTION
(NOT A SURVEY)
Report of Survey: (Project #, 14-048-1-3 RWD)
• TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY
• THIS SURVEY PERFORMED BY,
HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B. #6905 d.b.o. MERIDIAN LAND SURVEYORS
1717 INDIAN RIVER BOULEVARD, SUITE 201, VERO BEACH, FLORIDA 32960
• PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE
CHARLES H BLANCHARD, P S.M #5755
EXHIBIT "B" RIGHT OF WAY DEDICATION LEGAL DESCRIPTION
Legal Description:
A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST AND ALSO BEING A
PORTION OF BLOCK 2, OF CASA RIO SUBDIVISION, AS RECORDED IN THE OFFICE OF THE CLERK OF
THE CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 81 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK 2, OF CASA RIO SUBDIVISION, ACCORDING
TO A PLAT FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY,
FLORIDA, IN PLAT BOOK 1, PAGE 81, THENCE RUN SOUTH 00'13'44" WEST (BASIS OF BEARINGS)
ALONG THE EAST LINE OF SAID BLOCK 2, A DISTANCE OF 592.11 FEET TO THE SOUTHEAST CORNER
OF SAID BLOCK 2, THENCE LEAVING SAID EAST LINE OF BLOCK 2, RUN NORTH 89-58'14" WEST ALONG
THE SOUTH LINE OF SAID BLOCK 2, A DISTANCE OF 254 92 FEET TO A POINT OF CURVATURE OF A
NON-TANGENT CURVE CONCAVE TO THE EAST, THE RADIUS OF WHICH BEARS SOUTH 89'55'18" EAST,
A DISTANCE OF 4871 15 FEET AND THE EAST RIGHT OF WAY LINE OF U S HIGHWAY No 1, AS IT NOW
EXISTS PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION No.
8801-150,206, THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 00'06'48", AN ARC DISTANCE OF 9.64 FEET TO THE POINT OF TANGENCY, THENCE RUN
NORTH 00'11'30" EAST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 23 53 FEET TO A
POINT, THENCE RUN SOUTH 00`11'30" WEST, A DISTANCE OF 3.08' FEET TO A POINT OF CURVATURE
OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 30.00 FEET AND THE POINT OF
BEGINNING;
THENCE LEAVING SAID EAST RIGHT OF WAY LINE RUN SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 90'09'45", AN ARC DISTANCE OF 47.21 FEET TO THE NORTH
RIGHT OF WAY LINE OF 11TH STREET AS IT NOW EXISTS; THENCE RUN NORTH 89'58'14" WEST ALONG
SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 10 01 FEET TO A POINT OF CURVATURE OF A
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2500 FEET; THENCE RUN NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53'17'32", AN ARC DISTANCE OF
23.25 FEET TO THE SAID EAST RIGHT OF WAY LINE OF U S.HIGHWAY No.1: THENCE RUN NORTH
00'11'30" EAST, A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING
SAID PARCEL CONTAINING 133.00 SQUARE FEET (0.003 ACRES) MORE OR LESS.
NOTE: Legend & Abbreviations:
THIS SURVEY WAS PREPARED WITH THE BENEFIT OF (symbols not scaleable for size)
TITLE WORK SUPPLIED BY STEARNS WEAVER MILLER PLS - PROFESSIONAL LAND SURVEYOR
PSM - PROFESSIONAL SURVEYOR & MAPPER
WEISSLER ALHADEFF & SITTERSON, P A. DATED LS - LAND SURVEYING BUSINESS
12-21-15 AND SIGNED BY GEORGE A. PINCUS FOR Q - CENTERLINE
THE ABOVE SAID FIRM {P� _ PLAAS VAL VA
LUE
CR - COUNTY ROAD
R/W - RIGHT OF WAY
O.R.B - OFFICIAL RECORD BOOK
P OC. - POINT OF COMMENCEMENT
P 0.8 - POINT OF BEGINNING
MHWL - MEAN HIGH WATER LINE
SKETCH OF DESCRIPTION SKETCH OF LEGAL DESCRIP77ON
PLAT OF SURVEY FOR: WAWA REAL ESTATE NOT A BOUNDARY-SURVEY
M ErI'�� /1� /�� THIS SURVEY - VA
-NOT Ubi'WTHOUT THE
/`'1�V SICNATUktl_A'& THE'Wb NAU-RAIgEO SEAL OF
LANG SURVEYORS ® THE .R-PRIDA.LICENSEp SURVEYOR ANO_MAPPER
1717 INDIAN RIVER BLVD,SUITE 201N E ceEEowl -
VERO BEACH, FL. 32960 LB#6905 D
PHONE 772-794-1213,FAX. 772-794-1096
EMAIL:MLS.LB6905 a GMAIL.COM CHARLES,
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