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HomeMy WebLinkAbout2019-030 conveyance of right-of-way along 58th Avenue from GRBK GHO Arabella Reserve, LLC per developer's agreement RESOLUTION NO. 2019- 030 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 1 RESOLUTION NO. 2019-030 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 any and all liens for taxes delinquent or current against the following described lands, which pursuant to a developer's agreement were conveyed to Indian River County by GRBK GHO Arabella Reserve, LLC for right- of-way along 58th Avenue, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached warranty deed describing lands, recorded in O.R. Book 3192 at Page 1033, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner Flescher , and, upon being put to a vote, the vote was as follows: Commissioner Bob Solari, Chairman AYE Commissioner Susan Adams, Vice Chairman AYE Commissioner Joseph E. Flescher AYE Commissioner Tim Zorc AYE Commissioner Peter D. O'Bryan AYE 2 RESOLUTION NO. 2019- 030 The Chairman thereupon declared the resolution duly passed and adopted this 9th day of April, 2019. BOARD OF COUNTY COMMISSIONE.F .•••• ••••°./rF., INDIAN RIVER COUNTY, FLORIDA , ..••• �s' C--) ic,: By a't 0"---eClit.t_ it1 ..,"1... i 1 Bob Solari, Chairman ' �� '-.- "• f .:c.4, .•', .: • ATTEST: Jeffrey R. Smith, Clerk .'.•ivER co�N .' of Court and Comptroller By: 0164 I/V ,COLCiitkit-- Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal suff ienc 4 By: 4,11 William K. DeBraal Deputy County Attorney 3 3120190016297 RECORDED IN THE RECORDS OF JEFFREY R. SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3192 PG: 1033,3/19/2019 3:33 PM D DOCTAX PD$0.7(1 . V cutouts from Tax Parcel I.D.Nos. 32-39-21-00001-0120-00001.0; 32-39-21-00001-0120-00003.0;and 32-39-21-00001-0120-00003.3 til FE r cs THIS INDENTURE, made this ( h day of MQrc.h , p Z G- 2019 between GRBK GHO ARABELLA RESERVE, LLC, a Florida limited HD m e" liability company, whose mailing address is 590 NW Mercantile Place, Port St. w ubilti Lucie, Florida 34986, hereinafter called GRANTOR, and INDIAN RIVER O ; rt-,4- COUNTY, a political subdivision of the State of Florida, whose mailing N address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called 2 c r GRANTEE. Z o ° WITNESSETH : D — > O u 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: M Z r See Exhibit "A" attached hereto and made a part hereof. w GRANTOR does hereby fully warrant the title to the land, and will I—LL its defend the same against the lawful claims of all persons whomsoever. v>>t ar o u 'rz Signed, sealed and delivered GRBK GHO A' . BELLA RESERVE, LU ��2o Q <� in the presence of: LLC, a Florid• li ited liability p0 \ �i- company ce-- ,, 43? signature: .,-- I a Z a printed name: �}-1 -C.5 C li CH By Wit.1l Q 4 m William Ha .'e , Manager signature: „...., printed na f': L _ ,-p 6.,_ STATE OF FLORIDA , COUNTY OF 5-4. l_UCl.c-_ The foregoing instrument was acknowledged before me this (J day of MQt(C)- , 2019, by William Handler, the Manager of GRBK GHO ARABELLA RESERVE, LLC, a Florida limited liability company, who executed on behalf of and with the authority of said limited liability company. He is personally known to me or has produced as l en l Ica Ion. NOTARY PUBLIC o,,...�� TEN printed ame: ►G✓IS t 1 E XO( MY COMMISKRISSIONDIXON11 #GG5559 Commission No.: 661\565 SEAL: EXPIRES:JUN 18,2021 Bonded through 1st State Insurance Commission Expiration: „t t t g 120z BK: 3192 PG: 1034 . T EXHIBIT "A" — .______ •� — — — P.O.C. SEC. 21, TWP. 32 S., RANGE 39 E. 49TH STREET N.W. CORNER OF THE S.W. \0 21 -- — —j4 OF SECT1ON 21-32-39 "` '�1 "" * I.R.F.W.C.D. SUB-LATERAL • - S889_'46'15'E H-2 CANAL — R/W UNE I I I 117,21' 7-/m R/W LINE 5894615E 25.00' 1 0 j NORTH LINE OF S0074'J7"W 30.00' I I ITHE SW 1/4 SURVEYOR'S NOTES I I I ( S45.2i'29W 1. THIS IS A SKETCH OF LEGAL DESCRIPTION P.O.B. 70.87' ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. RIGHT OF WAY I I 1 1 2. THE BEARING BASE FOR THIS SKETCH d DEDICATION#1 I I I I REFERENCES THE WEST LINE OF THE 1 1 1 SOUTHWEST 1/4 OF SECTION 21. SAID LINE 5 Lali I I Iw 1 BEARS SOUTH 00'14'37" WEST. 32-39-21-00001-0120-00001.0 I cc (TETE RESERVE CCRP 3. THE SCALE OF THIS DRAWING MAY HAVE 1 '" 1 1 I I o SITE ADDRESS'49TH ST BEEN DISTORTING DURING REPRODUCTION a' ( 11c 1n ORB. 3076,PG 819 PROCESSES. E c4 I I I a II II a 3 LEGEND in o BASIS OF BEARINGS 1 1 —"--- RIGHT OF WAY DEDICATION "' 50014'37*W I 1 1 M �� WEST LINE OF ___ d I --- RIGHT OF WAY LINE SECTION 21 1 } w, P § —SECTION LINE S wI I — — LICENSE AGREEMENT LINE 6 o m 1 1 = M ; O.R.B. OFFICIAL RECORDS BOOK W vi �j o I P.O.C. POINT OF COMMENCEMENT o I z ..7 o ~AGREEMENTIP.O.B. POINT OF BEGINNING � — $ Z o I I I it ; PG PAGE g a 1 v 1 SEC. SECTION Cu z_ 60' i i Iso' W I TWP TOWNSHIP I I I J I 32-39-21-00001-0120-00002.0 RNG RANGE J I z I zo F w• I I I SITE ADDRESS 4810 58TH AVE P.S.M. PROFESSIONAL SURVEYOR I I 1 I O.R.B. 3055,PG 1598 �, 13 I I W I AND MAPPER W u ' 1L' ' N FC II II c ct I I Yi "1 Ic BIW I7 e W E 5 Z J I a iI 1 1 c I ; I II S �I 0 100' _ _ I .Ii iL7_00� _ _ 11 N89'46'15`W GRAPHIC SCALE z I II S0074:37"W� 1 32-39-21-00001-0120-00003.1 79276' BROWN,PAULETTE REVISED TO ADD LICENSE AGREEMENT 2/14/18 P.O.B. I I SITE ADDRESS: 4740 581H AVE Z�77. This certifies that a legal description and sketch of the O.R.B. 1532,PG 225 ,p property shown Ihereon was mode under my supervision and that this legal description 1 RIGHT OF WAY I I` 1 S89'46'15"E 67.00' and sketch meets the standards of practice set forth by the Florida DEDICATION#2Board of Professional Surveyors and Mappers.inChapter 5J-17, Florida $00'14'37"W Administrative Code, pursuant Ro.Seetion 472.027;Florida Statutes, and 8 I 60.00' that this drawing is a'true and_od'ctiio2e-re Q''rsser ''oh thereof to the _ _ best of my knowledge and beN$f. Subjet�td.9161es End notations shown S89 4523E 1 132-39-21-00°01-0120-00003.3 hereon. s 25.00' I I s W 1 I GHO ADDISON RESERVE CORP N00'14'37'E�i'I I _O.R.B.3055 PG 2453_ - �J � p r o 1o' LICENSE C l c),:- � ..-'3 60.00' 1 1 ["-AGREEMENT _ } E.C. DEMETER. P.S.M. PD.'5119 —� I I I r 32-39-21-00001-0120-00003.0— GHO 2-39-21-00001-0120-00003.0 I— �y/r�J i J;? :�; GHO ADDISON RESERVE CORP DATE: 09, LJ^ �. ^,j- " / N89'46'15 W 67.00' O.R.B.3055,PG 2453 Not valid without the sigrtatufq bn��the,ociginal raised seal of o Florida I I I I I I I I Licensed Surveyor and Mopper. '_. - • x SCALE DATE SHEET NUMBER AS NOTED F ry� Kimley*Horn 2/13/18 58th AVENUE V DRAW BY ©tale Ia1lEY-HOW APO ASiC0AIES,N4 PROJECT N°. . RIGHT OF WAY DEDICATION 1 of 2 °F0 ""HO STREET, 4-4100 200."°`°`7 4 ACK 4 0 INDIAN RIVER COUNTY, FLORIDA 32960 CHECKED BY n�a[: nz-Ia-sioo rAx:001.1 also ECD wwrxl"lLr-HORM.cou BK: 3192 PG: 1035 a LEGAL DESCRIPTION: RIGHT OF WAY DEDICATION #1 A PORTION OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE, BEARING SOUTH 89'46'15" EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST A 1/4, A DISTANCE OF 25.00 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE OF THE SOUTHWEST 1/4, BEARING SOUTH 0014'37" WEST, A DISTANCE OF 30.00 FEET TO THE I POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; a • THENCE, BEARING SOUTH 89'46'15" EAST, ALONG THE SOUTH LINE OF SUB—LATERAL H-2 CANAL, A DISTANCE OF 117.21 FEET TO A POINT; THENCE, LEAVING SAID SOUTH LINE, BEARING SOUTH 45'21'29" WEST, A DISTANCE OF 70.87 FEET TO A POINT; THENCE, BEARING SOUTH 00'14'37" WEST, A DISTANCE OF 566.70 FEET TO A POINT; THENCE, BEARING NORTH 89'46'15" WEST, A DISTANCE OF 67.00 FEET TO A POINT ON THE EAST I. RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY); THENCE, BEARING NORTH 6 00'14'37" EAST, ALONG SAID EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY), A DISTANCE OF 616.70 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 42,574 SQUARE FEET OR 0.98 ACRES, OF WHICH 15,417 SQUARE FEET OR 0.35 ACRES, MORE OR LESS, ARE ENCUMBERED § BY THE RESERVATIONS CONTAINED IN MURPHY DEED #876. SUBJECT TO ALL EASEMENTS, 9. CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. g LEGAL DESCRIPTION: RIGHT OF WAY DEDICATION #2 A PORTION OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, g INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; & COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; 5 THENCE, BEARING SOUTH 00'14'37" WEST, ALONG THE WEST LINE OF SECTION 21, A DISTANCE OF 792.76 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE OF SECTION 21, g BEARING SOUTH 89'45'23" EAST, A DISTANCE OF 25.00 FEET TO THE EAST RIGHT OF WAY gg LINE OF 58TH AVENUE (KINGS HIGHWAY) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; —THENCE, BEARING SOUTH 89'46'15" EAST, A DISTANCE OF 67.00 FEET TO A POINT; THENCE, BEARING SOUTH 00'14'37" WEST, A DISTANCE OF 60.00 FEET TO A POINT; THENCE, BEARING NORTH 89'46'15" WEST, A DISTANCE OF 67.00 FEET TO A POINT ON SAID EAST f RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY); THENCE, BEARING NORTH 0014'37" I EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 60.00 FEET TO THE POINT OF $ BEGINNING. 8 THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 4,020 SQUARE FEET OR 0.09 a ACRES, OF WHICH 1,500 SQUARE FEET OR 0.03 ACRES, MORE OR LESS, ARE ENCUMBERED BY THE RESERVATIONS CONTAINED IN MURPHY DEED #876. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SCAIE�NOTED DATE SHEET NUMBER Kimley>>>Horn 2/13/18 58th AVENUE �w� RIGHT OF WAY DEDICATION 2 of 2 DID «„STM 772-541£,00.VC�ro 2-7IM R szcs0 PRO.ECT Na INDIAN RIVER COUNTY FLORIDA o�� rrwc m-»s-noo rAx m-1�nx ECD wwwu:r-Noia.Oou