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HomeMy WebLinkAbout1993-167A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. FF WHZREAS, 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 proviaions of section 196.28, F.B.= NCM, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COIBIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 985, Page 442 which was recently acquired by Indian River County for right of way purposes on County Road 1510 and A -1-A, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The chairman thereupon declared the resolution duly passed and adopted this 2 1,day�N#, September , 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AttNQ By ` Richard N. Bird J `ffrGlR: g3YionS .Ciierk' chairman Deed Indian Rim C0. vam's 6/15/93(warranty.doc)Ow ., W:PIFfED' 1�7 PARTON L-1 . I_fF'C"il' COURT frdflIAN RIVER CO., FLA f THIS INDENTURE, made this F+h day of 9JyT , 1993 by BRUCE L. STAMILE, whose mailing address is 11918 S.W. 42nd Court, Davie, FL 33330-1935, hereinafter called the GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTEE: W i po WITNESSETH: G. r That GRANTOR, for and in consideration of the sum of Ten i C Dollars (;10.00) and other good and valuable consideration to GRANTOR O. U6 in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has ''• E -. c � GRANTEE Se heirs granted, bargained, and sold to the GRANTEE and •. . assigns forever, the following described land, iV= m situate, lying and being in Indian River County, Florida: is ZZ See Exhibit "A" attached hereto and made a part hereof. GRANTOR herein warrants that ;the subject property is not now, nor has it ever been GRANTOR'S homestead, nor does it abut GRANTOR'S homestead. GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. GRANTOR further covenants as follows: DOCUMENT.AAY STAMPS DEED i MOTE $ JEFFREY L BARTON, CLERK IRGAN R.'VER COUfd1Y 1. That GRANTOR is lawfully seized of the premises, and that GRANTOR has the right to convey the premises to GRANTEE; 2. That GRANTEE shall have quiet possession of the premises; 3. That the premises are free from encumbrances; 4. That GRANTOR will execute or procure any further necessary assurances of the title to the premises; and 5. That GRANTOR will warrant generally the property hereby conveyed. nBn. GRANTEE accepts this deed on the conditions set forth in Exhibit Signed, sealed and delivered in the presence of: L!Y VED FOR FORM AND ix+enae P. O'Br STATE OF FLORIDA Asst. COUNTY OF INDIAN RIVER The foreggoing instrument was acknowledged before me this day of , 1993 by BRUCE L. STAMIL4, who is personally .---o11�����k)Aown t me or who h s produced „�,y�� ;�� as � 't t f' Eiddift0fication and who did take an oath. ; Commission expires: NOTARY PUBLIC: q7� 0 CD ILDAt , Q . printed name • ' ;n stir TV ,I EXHIBIT "A" The South 10-feet of the South 1/2 of Lots 1 and 2, Block C, OCEANAIRE HEIGHTS, UNIT NO.1, according to the Plat thereof recorded in Plat Book 3, Page 84, Public Records of Indian River County, Florida; and, containing 1,336 square feet; and, subject to existing easements, rights-of-way, restrictions, and reservations of records. , 6/15/93(wurranty.doc)Ow and 2, Block C, the Plat thereof of Indian River and, subject to reservations of This deed is made and accepted on the conditions set forth as follows: A A. That regardless of any current and future zoning requirements (" and land use regulations which may be promulgated by GRAM., in regard to lot and building sizes, as the same may affect the remaining portion of GRAN70R IS lot, after the conveyance contemplated hereby, GRAN70K shall continue to be possessed of the right. to construct a dwelling unit or other building on said property of approximately 35 -feet by 93.6 -feet in size, . ; provided, however, that said building shall otherwise be in -conformity with existing land use and zoning regulations and ordinances which would otherwise affect the subdivision wherein said lot is situate. B. That this covenant shall be in favor of GRANTOR, together with his heirs and assigns, and it shall run with the land. C. That in the event, for any reason, GRANTOR, his heirs, assigns, 4 -- or any future owner of said property shall not be able to obtain approval to construct such building upon the property, consistent with governmental requirements regarding usage and materials employed in construction, including elevation requirements not associated with the adjoining roadway and easement therefor, GRANTEE, upon demand of the owner of said lot, shall be under a duty to purchase said property. D. That in the event GRANTEE shall purchase the remaining portion — of GRANTOR'S lot, pursuant hereto and to the covenant hereby agreed, or, as an alternative to future eminent domain/condemnation proceedings, the parties agree that regardless of the method by which said remaining portion of said lot is so acquired, the purchase price paid by GRANTEE therefor shall also include the value of the easement conveyed pursuant to this deed, as if the same were yet a contiguous part of the entire lot, but less the amount of $12,000.00d by the GRANTEE to the GRANTOR concurrent With the execution andddelivery by Grantor to Grantee of his attached or fre9o'9 deed for the property described therein, and of which dead this covenant is included, by reference to this Exhibit "B" thereof.