HomeMy WebLinkAbout2017-025 RESOLUTION NO. 2017- 025
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 donated by Fountains of Fellsmere, LLC to the City
of Fellsmere for use by the municipality for stormwater management; recreation;
trails and greenways; and cultural facilities, are hereby cancelled pursuant to the
authority of section 196.28, F.S.
See attached Warranty Deed to City of Fellsmere,
Florida describing lands, recorded in Book 2993
at Page 304, Public Records of Indian River
County, Florida.
The resolution was moved for adoption by Commissioner o'Bryan, and
the motion was seconded by Commissioner Adams , 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 ABSENT
2
part of Parcel#31-37-00-00001-1434-00001.1 and
part of Parcel# 31-37-00-00001-1435-00001.1
donated by Fountains of Fellsmere, LLC
public purposes: stormwater management,
recreation, trails and greenways; cultural
facilities
RESOLUTION NO. 2017- 025
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
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.;
RESOLUTION NO. 2017- 025
The Chairman thereupon declared the resolution duly passed and
adopted this 14tnday of March, 2017.
•Mw/•Mw•h•
BOARD OF COUNTY COMMISSIONERS ,.••�ati` �ssio^�F9s•,•
INDIAN RIVER COUNTY, FLORIDA ;��"�,� • i
•v. L
By , e
;off
oseph E. Flescher, Chairman
ATTEST: Jeffrey R. Smith, Clerk '•tigNR1VEaC�:'�'e
Circpf Court and o roller
By:
eputy Clerk
Tax Certificates Outstanding V/
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $ _
APPROVED AS TO FOR
AND LEGAL SUFFICI Y
SY
D AN�FREINGOLD
O UNTY ATTORNEY
3
3120170001044 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 2993 PG: 304,1/6/2017 4:17 PM D DOCTAX PD$0.70
s
'i
i 11-1-16
SALE:NONE
j DOC.STAMPS:S.70
This Instrument was prepared by
and should be rctumed to:
warren W.Dill.Esq
Dill&Evans,P.L.
1565 U.S.Highway I
Sebastian.FL 32958
Parcel ID No.:
............................................(Space above this line jbr recording data)...............................................
WARRANTY DEED
This Warranty Deed,executed this *fay oft)99M39j!:�&_ ,201_,by FOUNTAINS
OF FELLSMERE, LLC a Florida limited liability company, whose address is 930 West
Indiantown Road, Suite 204, Jupiter, Florida 33458, hereinafter referred to as "Grantor', to,
CITY OF FELLSMERE, FLORIDA, a municipal corporation existing under the laws of the
State of Florida,whose post office address is 22 South Orange Street,Fellsmere,Florida 32948,
hereinafter referred to as"Grantee".
WITNESSETH that said Grantor, for and in consideration of the sum of TEN
DOLLARS(S 10.00),and other good and valuable considerations to said Grantor in hand paid by
said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the
said Grantee,and Grantee's successors and assigns forever,the following described land,situate,
lying and being in Indian River County,Florida,to-wit:
See Exhibit"A"attached hereto and by this reference made a part hereof.
To Have and to Hold the same together with all and singular tenements, hereditaments
and appurtenances thereunto belonging or in anywise appertaining,and all the estate,right,title,
interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the
proper use,benefit and behoof of the Grantee forever.
Subject to governmental regulations,covenants,rights of way,restrictions,easements and
reservations of record,if any,but this provision shall not operate to impose the same.
And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of
said land in fee simple;that the Grantor has good right and lawful authority to sell and convey
said land;that the Grantor hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever.
In Witness Whereof, the said Grantor has signed and seated these presents the day and
year first above written.
Signed,sealed and delivered
in our presence:
WITNESSES AS TO ALL Fountains of Fellsmere,LLC,a Florida limited
' liability comp
t,:�
By:
tn��tt Name: anager
�Z e_1. By: 7/ 77
Print Name: \91wofd T.Sousa,Manager
;00049307.130C.1 )
BK: 2993 PG: 305
r
i
s
11-1-16
STATE OF FLORIDA
COUNTY OFAGjjpC�
The foregoing instrument was acknowledged before me this /42'-day of /
204 by Clifford R. Morris,in his capacity as Manager of Fountains of Fellsmere, LLC,who is
personally known to me or who has produced a Driver's License a
�dentificatwn.
e�t:Q.GlGtb'd
SEAL NOTARY PUBLIC,STATE OF FLORIDA
Type or Print Name: O C ADO
BOGDANA COLLADO ommission No.: Gam$
MY COMMISSION#GG048778 Ay Commission Expires:NdU /6.20lq
EXPIRES November 18,2019
STATE OF FLOR A /
COUNTY OF
The foregoing instrument was acknowledged before me this 4 day of Deeemky
2014 by Oswald T. Sousa, in his capacity as Manager of Fountains of Fellsmere, LLC,who is
ersonally known to me or who has produced a Driver's License ass
identikation.
SEAL NOTARY PUBLIC,STATE OF FLORIDA
Type or Print Name: (qa/jDD
BOGDANA COLLADO
. Commission No.:
MY COMMISSION 0 GG048778 My Commission Expires:41fit! /(..QO/q
EXPIRES November 18,2019
WARRANTY DEED
PAGE 2
00049307.DOC.1 I
BK: 2993 PG: 306
I
i
PARCEL•A' S 02'3715'W POB
PARCEL PA
1000' N 0I'3TtfT E
R L
RIGHT OF MAY DEDICATED; 173B 91 i N 00•
[_'_O'DO
02'3716'W z m
DESCRIPTION OF A RIGHT OF MAY DEDCATED TO TIME CITY OF FELLSMERE, u_y _ N E
FROM FOUNTAINS OF FELLSMEAE,SITUATED IN PART OF TRACT 1434 AND R7
1435 OF THE'PLAT OF FEL.511EAE FARMS COMPANY SUBCNSRN OF ALL $' PoB ,SOP
UNSURVEYED PMT Of T0'MNSHIP 31 SOUTH.RANGE 37 EAST N ST.LUCIE PARtaSLA
COUNTY.STATE OF FLORIDA%AS RECORDED N PLAT B00K 2,PACES 1 � N00.70SYE
AND 2 OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA.NOW 200.3
P Pa'
LYING AND BEND N INDIAN RIVER COUNTY.FLORIDA, I aARLSL$' S OD'JO'S''W I
AND I Nes OI
THE NORM 200 FEET OF AN ABANDON D FELLSWEAE FARMS RAILROADRIOFIi Of BAY :f'CO MENCI G AT THE NORTHBEST CORNER OF TRACT 1434:THENCE S 00'30'53•W A DISTANCE OF IS.W TO THE POINT OFIECIISIIG; THENCE S8976'31'E A DISTANCE OF 065.49': TENCE
S 0070.39'W A DISTANCE OF 16.00'; THENCE N 6976'30•W A DISTANCE
OF 641.57: T1ENCE slit A CURIE TURNING TO THE LEFT NM AN ARC7RAtT1434 zLENGTH OF 12.57.NTH A RADIUS OF 107,NTH A 04M BEARING OFS4571'48'W.NTH A 04ORD L04TH OF 11.32'.: THENCE S OOWS3'WA DISTANCE BF 261011'; THENCE NTH A CLRriE MIING TO TIE RIGHT16TH AN ARC LENO'N QF 38.58',NTH A RADIUS OF 24.00'. WIN ACHORD MEMNG OF S 4674'01•M.NTH A CAHORID LENGTH OF 34.56'.:THENCE N 8772'44'W A DISTANCE OF 124.57; THENCE N 073716'E ADISTANCE OF 1&00': THENCE$87.22'"'E A DISTANCE OF 133.00';
THENCE N 0070.33'E A DISTANCE OF 296.39';
QasaTts•E
MIICH IS THE.POINT OF BEGINNING, 03 I
HAWING AN AREA OF 16770.73 SQUARE FEET.M39 ACRES H STILI(
a p 1
PARCEL'W3 3OD-3WWW
EASEMENTDEDICATED.
DEDICATELyQ} tao9'
DESCRIPTION!OF EASEMENT DEDICATED TO THE CITY OF FELLSIARE•FROM
FOUNTAINS OF FELLSMERE•SITUATED IN PART O TRACT 1434 ALIO 1435 ,'-++..aac•� _ ____ _g�•�7
OF THE'PLAT OF FIE L91ERE FARMS COMPANY SUBDIN90N OF ALL I
UtSURW'VW PART OF TONINS W 31 SOUTH.RANK 37 EAST IN ST.LUCE
UN ♦ I --- - -{-i
COUFITY.STATE OF FLOUDA',AS RECORDED N PIAT SOCK 2,PAGES'I
AND 2 OI THE PUBLIC RECORDS OF ST.WOE COUNTY.FLORIDA,NOW •,�,uoc
LYING AND SEND IN INDIAN RIVER COUNTY FLORIDA. I '"t+''�`�'•
aau•-r,
AND '
THE NORTH 200 FEET OF AN ABANDONED FELLSMERE FARMS RAILROAD FOB
FIGHT
RICHT OF WAY. PARC i, I
ARCC'
COMMENCING AT THE NE OF NORTHWEST CORNEA OF NMACT67'1434: THENCE S
(10'3753'M A DISTANCE OF 313.39'; HENCE N 8772'"'W A DISTANCE z a
OF
BEGINNING; L,7,
', THENCIE S 073716'W A DISTANCE OF 189.98'TO THE POINT �35 z� m
THENCE S 0277.19'W A DISTANCE OF 10.00; THENCE S 87224.4 E A ." 4 1 •+LVs 97
DISTANCE OF 649.22; THENCE N 02'37'16'E A&STANCE OF 10.00' L m R-W Or -
THENCE N 8772'"'W A DISTANCE OF 649.27. C LEW 3&W
**CH IS THE POINT Of BEGINNING, y-✓" BRO.S 111.2111•W E'p m 2ul
HAVING AN AREA OF$492.95 SQUARE FEET,0.15 ACRES L�l47 9
R•I4000 444
�L•31.79 "•UP57fT
PARCEL'C. '..` L- C LEW41-40
N4� .12'2�T BRO-47Sis7?W
RIGHT OF WAY DEDICATED: H 0 IT"E' m' C L 7.21.4 111
DESCRIPTION OF A F40HT OF WAY DEDICATED TO THE CITY OF FEIISYFRE• a S 8RG-HSO-AaE !+
FROM FOUNTAINS OF FELLSMERE.SITUATED IN PART OF TRACT 1134 AND I = P, N 00`3199'E
1435 Of THE'PIAT OF FELLSMERE FARMS COMPANY SLWMSICN OF ALL m L_ _. 4N 34
UNAIRWYED PART OF TOMINSHIP 31 SOUTH,RANGE 37 EAST IN ST,LUCE4�TNANIGl10et..
COUNTY OK STATE OF n WA'.AS REGORGED IN PIAT BO2.PACES 1 900'31TA'W
IKE FLO
ANO 2 OF THE PUBLIC RECORDS OF ST.LCOUNTY. RIOA,NOW 523
LYING AND BONG IN NOAH RIVER COUNTY.FLORIDA.
AND
THE NORTH 200 FEET OF AN ABANDONED FELLSMERE FARMS RAILROAD
R104T OF WAY. fA
3
COMMENCING AT THE NORTHMEST CORNER OF TRACT 1434; THENCE$ z
00'3753'W A DISTANCE OF 31139'; THENCE N Sf 22.44'W A DISTANCEm . V
OF 133.01': THENCE S 02.3716'W A DISTANCE Of 199.97: THENCE S
8772'"'EA 2' 'E DISTANCE OF 999.16 TO THE POINT OF BEGINNING;
THENCE 5 8772'"E A&STANCE OF 327.11'; THENCE N 02.37.16'E A
DISTANCE OF 29.40': THENCE METH A CURVE TURNING TO TIME LEFT MTH
AN ARC LENGTH OF 41.45'.MATH A RADIUS OF 240.00'.NTH A CHORD s s t
BEARING OF S 7517$'W.MATH A CHORD LENGTH Of 41.40'•; THENCE
WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH 0735.92', g
WITH A RADIUS OF 95.07,NTH A CHORD BEARING OF S 6129'1'MA NTN o
A CHORD LENGTH OF 36.69',;THENCE N 8722'"'W A DISTANCE OF Yl TIb46T1436
226,18': THENCE NTH A DURA£TURNING TO THE LEFT NTH AN ARC N&
LEM0114 OF 27.79'.NTH A RADIUS OF 42.39'.1101114 A CHORD BEARING OF
S 71`06'41-W.WITH A CHORD LENGTH OF 27.30•.
NMCH 15 THE POINT OF BEGINNING,
HAVING AN AREA OF 3815.67 SQUARE FEET,0.09 ACRES
0' 200 400' CERTIFIED TO-
CITY OF FELLSMERE
00�1�1 Gaas Yn[M K >w
RIGHT M WAY
�8N CHARLES ARNOLD DATE SIGNED
'r'"�''•� ��'m�"�'•'°' PROFESSIONAL SURVEYOR 8 MAPPER
THIS IS NOT A BOUNDARY SURVEY DEDGATWN FLORIDA LICENSE(NUMBER 4971
ARNOLD SURVEYING,INC. SHEET
PROFESSIONAL SURVEYORS 6 MAPPERS SKETCH AND DESCRIPTION
CITY OF FELLSMERE
rlouaA LNCBH4m IUMAHeu NUIIIeR MIDI Gra; u �7
MNxIfW4 N9rIYMrMM r911TIYCt nawu+llNn ":�*�' +Fu
SITUATED*I PANT OFTOWNIIP TRACTS 10/AND IAM
.......t.�t..o.xo..,... �,. .cs u1aIIR9EYIo/0"4"7'1!„aou7N.RAN9!n EAR
OiflCE(772)W-11211 FAX(TTI"D-M0 rear. .tea DID• ueufor
BK: 2993 PG: 307
M 1 RZAM
INVFSTOa GllFN CaIO LLI
December 12, 2016
Joel Tyson, Mayor
City of Fellsmere
22 S. Orange St.
Fellsmere, FL 32948
RE: Preliminary Acquisition Notice(07.02) dated September 18, 2015
FOF Equestrian Trail Dedication—Attached and Labeled Exhibit A
Dear Mayor Tyson:
This is to acknowledge receipt of your Preliminary Acquisition Notice (07.02) dated
September 18, 2015 ("Acquisition Notice"). Fountains of Fellsmere, LLC ("FOF")
acknowledges its rights under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 ("URA"), including, specifically, the right to obtain an
appraisal of the property referenced in the Acquisition Notice and the right to receive just
compensation from the City of Fellsmere(the"City") for such property.
Being apprised of these rights, we have elected to release the City from obtaining and
providing FOF an appraisal and from the need to receive compensation for the certain
parcels to be used by the City. Instead, FOF elects to dedicate to the City the parcel
identified by the sketch and legal description attached hereto as Exhibit A ("Subject
Property"). Consequently, there is no need for the City to obtain an appraisal or make an
offer of fair market value to Mirzam as required by the URA.
Please acknowledge receipt and acceptance of this letter representing FOF's waiver and
release under the URA for the Subject Property. I look forward to our continued
collaborative effort to achieve the mutual goals of FOF and the City.
Sincerely,
FOUNTAINS OF FELLSMERE, LLC
By: MIRZAM URE CAPITAL, LLC
By:
CLIFFO R. MO IS
GER
By:
ALD T. SOUSA
MANAGER
Vour 'Future - d'ur Passion
930W.INDIANTOWN RD.SUITE 2041 JUPITER.FLORIDA 33458 1 PHONE:(561)741-3000 WWW.INVESTORGREENCARD.COM