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HomeMy WebLinkAbout2017-026part of Parcel # 31-37-00-00001-0000-00003.0 and part of Parcel # 31-37-00-00001-1434-00001.0 donated by Mirzam Land Investment, LLC public purposes: stormwater management, recreation, trails and greenways; cultural facilities RESOLUTION NO. 2017- 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- 02 6 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 Mirzam Land Investment, 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 308, 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 Commissioner Susan Adams AYE Commissioner Tim Zorc AYE Commissioner Bob Solari ABSENT AYE 2 RESOLUTION NO. 2017- 026 The Chairman thereupon declared the resolution duly passed and adopted this 14th day of March, 2017. �w• e,M�Ss�oNEgs•.,, BOARD OF COUNTY COMMISSIONEF�.��' :``'•• INDIAN RIVER COUNTY, FLORIDAo • By eph E. Flesche , hairman ATTEST: Jeffrey ' . Smith, CI rk of Cir Court a I Po ptroller By: Deputy ' er Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ - APPROVED AS TO FO AND LEGAL SUFFIC BY YLAN REINGOLD COUNTY ATTORNEY CY 3 3120170001045 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2993 PG: 308,1/6/2017 4:17 PM SALE: NONE DOC. STAMPS: $.70 This Instmment was prepared by and should be returned to: Warren W. Dill, Esq Dill & Evans, P.L. 1565 U.S. Highway 1 Sebastian. FL 32958 Parcel ID No.: (Space above this line for recording data) I1-1-16 WARRANTY DEED This Warranty Deed, executed this/02114 day of . l izehr5d L , 20 r, by MIRZAM LAND INVESTMENT, 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 ($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 sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: WITNESSES AS TO ALL Mirzam Land Investment, LLC, a Florida limited liability company gme:, j. S, I ted n l TEageth Print Name:WV/�A COLZA -h0 100049308.DOC. I By: Mirzam Venture Capital, LLC, a Florida limited liability c; .any 111 ort -.=moi a—., �, By: Bv: anager T. Sousa, Manager BK: 2993 PG: 309 STATE OF FLOR DA COUNTY OF trlRUh The foregoing instrument was acknowledged before me this fa— day of t'/NIP( 2010 by Clifford R. Morris, in his capacity as Manager of Mirzam Venture Capital, LLC who is personally known to me or who has produced a Driver's License as identification. SEAL BOGDANA COLLADO • MY COMMISSION # GG048778 EXPIRES November 16, 2019 STATE OF FLORIDA COUNTY OFM NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name: 'f /.$l(/9 eattoiroo Commission No.: Qj404$it'I$ My Commission ExpiresPDV f • .20/9 The foregoing instrument was acknowledged before me this P - day of .49CCL°4 , 2014 by Oswald T. Sousa, in his capacity as Manager of Mirzam Land Investment, LLC, who i� Personally known to me or who has produced a Driver's License as identification. SEAL ▪ BOGDANA COLLADO MY COMMISSION # GG048778 • EXPIRES November 16, 2019 ( 00049308.1)0C. I NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name: 7O 4N9 (04,4D 0 Commission No.: 6,6O a F7 -g My Commission Expires: NQV. 4..20/q 20/c( WARRANTY DEED PAGE 2 BK: 2993 PG: 310 • PARCEL 'A' RICHT OF MAY OEINCAIED; 0ESOIPT1014 OF A RICHT Cr WAY DEDICATED TO THE CITY OF FRI SITCr FROM MIRZAIA LAID NYESTMENT LLC SITUATED IN PMT OF TRACT 1434. 1435 AND 1436 OF TIE 'PIAT OF FF3191ERE FAWNS OOIPNIY SUBDMSION OF ALL UNSUIWC1ED PART OF TOWNSHIP 31 SOUTH. RANGE 37 EAST N ST. UJCE COUNTY, STATE OF FLORIDA'. AS RECORDED M PEAT BOOL . PAGES 1 AND 2 Is 1NE PUOUC RECORDS OF 5T. WCE COUNTY. RCIRCA, NOW IANC AND BEM[ N INDIAN R1VER COUNTY, FLORIDA, THE NORM 200 FEET Cr AN ABANDONED FELLSMERE FARMS RAI -ROAD R1047 OF WAY, C019ENOIG AT TIE 140RTHIE5T CORNEA OF TRACT 1434; ALSO E910 1144 PONT OF ICONMMC; NOCE 5 69'26'30' E A DISTANCE OF 68540; THEME 5 9926'39' E A DISTANCE OF 29.97; THENCE 5 191)6'33' E A OISTAIIE'E OF 665.35; THENCE 5 00'31'09' W A DISTANCE OF 523.60'; THENCE 5 6722'44' E A DISTANCE OF 661.53'; THENCE 5 0029'32' W A DISTANCE OF 35.02'; THENCE N 6722'44' W A DISTANCE OF 656.9$; THENCE N 023716' E A DISTANCE Cr 29.40; THENCE W'11 A CURVE 1U APIC TO 1116 44017 1MTN AM ARC LDICIH DIF 51,79', INN A RADIUS OF 240.00', WITH A 0404E 6EAI6NC OF N 96"622 E. STAR A 011020 12140154 OF 51.684 1KNEE 3 872744' E A DISTANCE OF 106.63'; THENCE N 0071'09' E, A DISTANCE OF 464.36'; THENCE M11M A WAW TURNING TO ME LEFT WITH 414 ARC LENGTH OF 12.52'. MIM A RADIUS OF 900', PITH A 010110 BEARING OF N 441714' W. MM A CHORD LENGTH OF 11.29'.; 114E10E N 8906'13' W A DISTANCE OF 641.52'; RO Cf N 9926'4' W A DISTANCE OF 29.99'; THENCE N 00'3036' E A DISTANCE Cr 16.03'; HENCE N 9926'50' W A DISTANCE 0' 965.49'; THENCE N 0070'53' E A DISTANCE OF 1500; *1101 15 171E PONT Cr BECi1QNC. HAVING N4 AREA OF 69906.1 SWAE FEET. 1.6 ACRES CESS AND EXCEPT THE NORM 31' OF CONMOITY ROAD EKING A 30' RICHT OF WAY AS RECORDED M THE AFORESAID PLAT BOON 2. PALS 1 a1C 2. ST. LUCIE CQMTY, FLONCIA PU6.40 RECORDS, 140W LYNN 114 NINAN RIVER COUNTY, FLORDA. PARCEL 'B' ' o `N 077717E Fi L" 4 1407 w * . M •00'395.7 231E 2996 30 S 0070'5,' W 244.06 TRACT .1434 81017 OF WAY DEDICATED. DESORPTION OF A RIGHT OF WAY DEDICATED TO ME OlY Cr FELLSIN E. FROM M9121161 LAID 1104511A6317 LLC, 4TUATE0 M PART OF TRACT 1434, 1435 AND 1436 OF THE 'PLAT OF FELLSWERE FARMS CCIPANY 44) 0IV19O1 OF ALL 1MAURVEYED PART OF TOWNSHIP 31 SOUTH, RANGE 37 EAST MST, LUCE COUNTY, STATE Cr FLORIDA'. AS RECORDED M PLAT BOOK 2. PACES 1 AND 2 Cr 1NE PUBLIC RECORDS OF ST. WOE COUNTY, FLORIDA, NOW LYNC AND 90140 N INDIAN PIPER COUNTY, NO2.3719'E FLORIDA, 29 40 AND NIC NORM 200 FEET OF AN ABACO4W FEC 164114 FARMS RA6ROAD RIGHT OF WAY. 0011104 2100 AT 111E NORTHMEST COMER OF TRACT 1434; THENCE 5 59272S E A DISTANCE Cr 663.80'; '540404 $ 6929'1 E A DISTANCE Cr 29.9T; THENCE 5 99129'13' E A DISTANCE OF 695.35; THENCE S 002926' W A DISTANCE OF 523.60'; THENCE 5 9722'44' E A DISTANCE Cr 661,23'; THENCE S 002912' W A 051ANCE OF 35.02'; HENCE N 6722'44' W A DISTANCE OF 1183.94'. TO THE P01147 OF BEWOONG; THENCE N 672744' W A OSTAICE OF 349.94'; THENCE N 027719. 6 A DISTANCE OF 1000'; THENCE S 87'22'44' E A INSTANCE OF 375.35'; THENCE MTH A 0.1R* TURNING TO THE LEFT PIM AN ARC 'zoom OF 27,79', will A RADIUS OF 42.03', W111 A CHORD LEARN) OF 5 721313' W, MM A 0100 LENGTH OF 27.29'; MUCH 15 ME PONT OF BEGINNING, HAWK AN AREA OF 3564.90 =TARE FEET, 0.1 ACRES 0' 200' 400' Cv+wwlt 4wo4 Wl ar��c w a"�Pi 1"n'Zi1K s THIS IS NOT A BOUNDARY SURVEY L•51 79 44.240.00 ,;, •t221'4T C LEN•51 99 g 6RG•N 9729,27 E TRACT 1435 L•41 49 R•210.07 _N7574T C 161441 40 9RG.44 771737 gi 1 Yt S 00!29'77 W CERTIFIED TO CITY OF FEU .SMERE wT! FOOHT OF WAY -17 EASEMENT DEDCIATION 4 E '114 0770'63' E 1500 PID[ POH PARCEL A LESS AND EXCEPT PARCEL A' 4003197E 4TH M S077107W 523.90 TRACT 1436 0 8 4 R Y E 8 V it 16. CHARLES ARN010 DATE SIGNED PROFESSIONAL SURVEYOR & MAPPER FLORIDA LICENSE NUMBER 4971 ARNOLD SURVEYING, INC. PROFESSIONAL SURVEYORS IT MAPPERS norm LAMMED OMR! 44 441114[6 /WO 4444 9666 moon. 6111 ATEA Fo6t A11L1, nom. Don TA Dom .6.•Tm MO. RAM. r. OFFICE 1772744.6711 FAR 477244404013 DATE ATTMOSTS WORT '1412 DRAM CIV CA VFro9T CA DDT17, M IS.,.4 REF t DF 714N1 '31+7 SKETCH AND DESCRIPTION CITY OF FELLSMERE 31T11AT90 M PART OF TRACTS 1431 AND 474 UN91MVE120 10/44/417 H'SOOnI RANOR 77 PANT SHEET 16 0.4 it +3472701 EfI&f'! IA• " BK: 2993 PG: 311 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"). Mirzam Land Investments, LLC ("Mirzam") 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 Mirzam an appraisal and from the need to receive compensation for the certain parcels to be used by the City. Instead, Mirzam 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 Mirzam'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 Mirzam and the City. Sincerely, Mirzam Land Investments, LLC, By Mirzam Venture Capital, LLC CLIF MANAGER Mirzam Land Investments, LLC, MANAGER „„y ur 7 uture - Our � fission 930 W. 1NDIANTOWN RD. SUITE 204 JUPITER, FLORIDA 33458 1 PHONE; (561) 741-3000 WWW.INVESTORGREENCARD.COM MIRZAM iNYESTOA GRtEM GRD lit