HomeMy WebLinkAbout1992-0091/92(RESO)LEGAL(WGC/nhm)//9//
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A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE RELEASE OF A PLAT
RESTRICTION AND ANNULLING A PORTION OF A
PLAT DEDICATION FOR GRAND HARBOR PLAT 1
AS RECORDED AT PLAT BOOK 12, PAGE 82,
PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
WHEREAS, Grand Harbor - Plat 1 was platted and recorded
April 8, 1988 at Plat Book 12, Page 62 of the Public Records of Indian
River County, Florida, and
WHEREAS, the said Grand Harbor - Plat 1 had dedicated the
stormwater management tracts in the Certificate of Dedication,
paragraph 3, and had made the perpetual maintenance of the water
management tracts an obligation of Grand Harbor Community
Association, Inc., and
WHEREAS, Grand Harbor - Plat 3 - PRD was platted and
recorded on October 12, 1988 at Plat Book 12, Page 82 of the Public
Records of Indian River County, Florida, and
WHEREAS, Grand Harbor - Plat 3 - PRD is, in part, a replat
of Grand Harbor - Plat 1, which replatted portion had been shown as a
water management tract, and
WHEREAS, GHA Newport, Inc. is the owner and developer of
Grand Harbor - Plat 3 - PRD and is desirous of removing the plat
restriction for use as a water management tract on the portion of Plat 3
- PRD which was replatted from Grand Harbor - Plat 1 and is shown as
the outlined portion of Exhibit "A" attached hereto, and
WHEREAS, the Board of County Commissioners has determined
that the annulment of the dedication for the portion of the plat depicted
in Exhibit "A" will neither materially affect the right of convenient
access to lots previously conveyed under the plat of Grand Harbor -
Plat 1, nor affect the proper functioning of the stormwater management
tract;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
I. That portion of Grand Harbor - Plat 1 shown as a water
management tract which was replatted as a portion of Grand Harbor -
1
ATTEST: )•.
Jef rey 1i . _ ar on,- Clerk
-416
By: �i._t�r�,tJ / c.
Carolyn Eggert, C rman
2
rl-: q R'v CU I Approved Dated
Adman _ --
c3ua 9e1
DepI -P 7/
Risk Mgr.
4r
RESOLUTION NO. 92- 09
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Plat 3 -PRD and as further shown as the outlined portion of Exhibit
. .
"A" attached is hereby annulled and released from the dedication as a
stormwater management tract.
2. The Chairman of the Board of County Commissioners is
authorized to execute the release of plat restriction attached hereto as
Exhibit "B".
3. The Clerk of the Circuit Court is directed to make
proper notation of the book and page where the release of plat
restriction (attached hereto as Exhibit "B") is recorded in the Public
Records, on the face of Grand Harbor - Plat 1.
The foregoing resolution was offered by Commissioner
Scurlock and seconded by Commissioner Wheeler , and, being put
to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 14 day of January , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ATTEST: )•.
Jef rey 1i . _ ar on,- Clerk
-416
By: �i._t�r�,tJ / c.
Carolyn Eggert, C rman
2
rl-: q R'v CU I Approved Dated
Adman _ --
c3ua 9e1
DepI -P 7/
Risk Mgr.
RELEASE OF PLAT RESTRICTION
THIS AGREEIMM TO RELEASE PLAT RESTRICTION made this 19th day
Of -MAX— 1992, by and between Grand Harbor Community Association,
Inc., 2121 Grand Harbor Boulevard, Vero Beach, Florida 32967; GHA
Newport, W:, 2121 Grand Harbor Boulevard, Vero Beach, Florida
3296�ty Savings, F.S.B., in Receivership, Resolution Trust Coorporation, as Receiver
'�k�nmc, 300 Davidson Avenue, Somerset,
New .tbrseyr 08875V-SUd'the Board of County Commissioners of Indian
River County, Florida, 1840 25th Street, Vero Beach, Florida 32960.
WHEREAS, Grand Harbor - Plat 1 was platted and recorded April
8, 1988, at Plat Book 12, page 62 of the public records of Indian
River County, Florida, and
WHEREAS, the said Grand Harbor - Plat 1 has dedicated the
storm water management tracts in the Dedication, paragraph 3, and
has made the perpetual maintenance of the water management tracts
an obligation of Grand Harbor Community Association, Inc., and
WHEREAS, Grand Harbor - Plat 3 - PRD was platted and recorded
on October 12, 1988, at Plat Book 12, page 82 of the public records
of Indian River CoUfity, Florida, and
WHEREAS, Grand,Harbor - Plat 3 - PRD is, in part, a Replat of
Grand Harbor - Plat 1, which portion was shown to be a water
management tract (see the outlined portion of Exhibit A), and
WIRLtd. CKf-
R ► GHA Po • XW- is the owner and developer of Grand
Harbor - Plat 3 - PRD and is desirous of removing the plat
restriction for use as a water'management tract on the portion of
Plat 3 - PRD which was replatted from Grand Harbor - Plat 1, and
City Savings, F. S. B., in Receivership,
Of MMRRM•/XkM Resolution Trust Corporation (RTC), as Receiver,
is the mortgagee on two loans to GHA Ne ort Ltd. cKf-
h'P . I1[R. as recorded
respectively at Official Records Book 901, page 1899, and Official
Records Book 901, page 1903, of the public records of Indian River
County*.., Florida,; and RTC is likewise desirous of removing the plat
restriction for use as a water management tract on the portion of
Grand Harbor - Plat 3 - PRD which was replatted from Grand Harbor -
Plat 1, and
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STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 14th
day of January j 1992 by David C. Page , President a—n
Dennis Matherne j Secretary, respectively, of Grand Harbor
Community Assoc at onj Inc., a corporation, on behalf of the
corporation. They are personally known to me and did take an oath.
nr�'..•••r„ LG
C`Prin es Virginia C. Coon
;:,
r/1/in Nota Public
�; '' •.� �' n My Commission
s Notareppres:
jrxlrirbli� State of Floslao
MF Corimission Expbn mach 6, 1993
'r
r.,.:';, ,n. ..r .•: `J+c I e..d.dsh,.r,.,Fein.In__.jr,
%S'1RiEfti t,4LORIDA
C6lbRt"•OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 15th
day of January 1992 by Donald C. Proctor, President and
Ronald V. D'Haeseleer8Atecretary, respectively, of GHA Newport,
Inc.,
personally known to me and did take an o th.
1�''•,�=jf Pri t amen Virginia C. Coon
Nota Public
My Commission exptr ,
HAL
s otary o6lisy State of Florl4l
My Commission Expires Mnrds 6, 1993
"•<r��'., •.,,'.••' i``,`"' /.nd.d Th,. 1,oy F.In. Im...... Ing
$1rY�•, REii JERSET
CONN -.OF Alifdisilisl:RF:1HWs SONERSET
Oti
The foregoing instrument was acknowledged before me thist sem:
day of �Ksy— j 1992 by P. Christian Yates ,zPileafliesstzas�
tial .InBtitutibn 8 cialist , 8essnsftasgrpmoltisseivit of Resolution Trust
Corporation* a corporatide, on behalf of the corporation. z%be4lzasm He is
persona. -known to me and did take an oath.
*,•'llit'�•.of City Savings, F.S.B.. G�
rint Names Jan A. 'Sorensen
Notary Public
i * •'°'�'�: My Commission expires s April 11, 1994
JOAN A. SORENSEN
•�•I •.Jr'r NOTARY PUBLIC OF NEW JERSEY
STATE OF FLORIDA COMMISSION EXPIRES APR. 11 1994
COUNTY OF INDIAN RIVER
Thforegoing instrument was acknowledged before me this %iL
day of , 1992 by Carolyn K. Eggert, Chairman and
J� Grey K. ,40-MA1 (JAW, 1lel a"j respectively, of the Board of County
Commissioners of Indian River County, on behalf of the County.
They are personally known to me and did take an oath.
Print
Notary Public
(SEAL)
My Commission expires: ,3
3 IARGO HELD
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