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HomeMy WebLinkAbout1992-0091/92(RESO)LEGAL(WGC/nhm)//9// RESnr.TTTrnW un on- (19 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 tx 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 1 F F1Qy pp=..Ypp�o�ppoaWW�yi r 3 � LIVUIU.WUPPn _ � p _ MW� \ 000z�1==== Q Py O \ VTOU N�yy O1�Y �O /Y�/Y�� A F = crlcrlricrl ri Fr. s A o p 5Co J p I 1 �q�tp F9y;A o P c s M O (yam �\ Q� ��jJP�•ND O y 0 le �g., � 4,$� 4t R�� � ►d Cz QQ q1 I NA= Al •V D�yQ � � p g ` ` � i � b (p j�•� 1378.63 N 89'37.37' Y IL _ _ _ CL3kQ NOLL u m'' \\II I imr�l 1.11 Ss,107g �P'o I � s °jf fir$ 131.76 C6 N82'24 NN fTl IIA '7�pFv4 °F f"sr BOI No LL e N n JM �n �� -� tl mVPUwWN-A m 030� uQ P 11 r W Wwwo Vo n tz ■ v '� •a { I _ Uop� y� P1�1 �' qq pp WNpp4j�UoUti VNN VNW w.pD pg��q�e OOOy aL] aj Rig.' CD p mn 'u y` C tl Y ' o Nw- otwilou°iou�'�a' No �- a 'u � Q O mN$i USS o000000 ot� e m ,� YNN�00- a Q F F1Qy pp=..Ypp�o�ppoaWW�yi r 3 � LIVUIU.WUPPn _ � p _ MW� \ 000z�1==== Q Py O \ VTOU N�yy O1�Y �O /Y�/Y�� A F = crlcrlricrl ri Fr. s A o p 5Co J p I 1 �q�tp F9y;A o P c s M O (yam �\ Q� ��jJP�•ND O y 0 le �g., � 4,$� 4t R�� � ►d Cz QQ q1 I NA= Al •V D�yQ � � p g ` ` � i � b (p j�•� 1378.63 N 89'37.37' Y IL _ _ _ CL3kQ NOLL u m'' \\II I imr�l 1.11 Ss,107g �P'o I � s °jf fir$ 131.76 C6 N82'24 NN fTl IIA '7�pFv4 °F f"sr BOI No LL e N n e VP U � WNL A �u4�:ovo u�=wseu�R Tvp11!,%ueuri VNVVNY •1!) N�O�OT88£ eeeeeeeey'� O O O O O O e ON ca-oiaOg tax 51- 1 s �S�fiYu�P �z�yey"sarN" HHNTiiZ2 STo4; 4iig- �N�oS� =vil��i�Ysv� ericririeriri g� xr w 1 S 1� V a o O CC P• M r cp M N 5 !n n O ��,i• 0 w ? O M H b C.0 Vi,,C^^ Or 0 v� c0+ W tlN t C F 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 w Ihlll/ftil0.MdrAft w a�el. s*ioo Agwl u,1 fli0 No. AA 4WM