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Home My WebLink About2021-049Parcel No.: 31-37-00-00001-1441-00004.0 General Legal Description: Fellsmere Farms Company's Part Tract 1441, 31/37/00 Site Address: 981h Street, Fellsmere, FL 32948 Purchased From: Michael O'Haire Individually -and as Trustee of the Michael O'Haire Living Trust U/A/D January 30, 2019 Public Purpose: Expansion of Stormwater Retention Area for the City of Fellsmere RESOLUTION NO. 2021-049 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.; 1 RESOLUTION NO. 2021- 049 1 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 I described lands, which were purchased by the City of Fellsmere from Michael O'Haire, Individually and as Trustee of the Michael O'Haire Living Trust U/A/D i January 30, 2019 for use by the municipality for the expansion of stormwater i retention area, are hereby cancelled pursuant to the authority of section 196.28, F. S. I See Warranty Deed describing lands, recorded in Book 3445 at Page 32, f Public Records of Indian River County, Florida. i The resolution was moved for ai doption by Commissioner Adams , and the motion was seconded by Commissioner O' Bryan , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flesc'her AYE I Vice Chairman Peter D. O'Bryan AYE Commissioner Susan Adams AYE I Commissioner Joseph H. Farman AYE Commissioner Laura Moss AYE i Page 2 of 3 i RESOLUTION NO. 2021-049 The Chairman thereupon declared the resolution duly passed and adopted this 17th day of August, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA M�YbYY A... ., By se E. Flesc r, Chairman ATTEST: Jeffrey R. Smith, Clerk of ''••'':'FRCOUN�'' Circuit Court and Comptroller Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $202.83 Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Page 3 of 3 ,�.:.�, ,yaa., o.q; .5,;u.::�:. c:P;-.�-;:•ss-:%:<;.:,..:.•.f.r:.t.,..T:,'i ![rvtn;C:a. .��v ��.!tq�4 'tur,ra; � ,r :r-ax':•i•::..•-s<;r- ,-.:, v„ir.,.__ _ r~�-a, _ �]trtif ! tom. >< .:�v � l3 f i .t x t., �.. F��•�1r r. .f �rC%'�•'�+:; YF�"i�,. 3�Kgr�.,1'� '�: %:'>:.�a• `f•” ,.1�-!�.�...�y�'1"E'•1,�r •�`"�,r " �rQ. %i;�.F � .t? �'t•hr.. .;1' H � .r.. r v n ..a rfdiE� C .�,: ��t� ,�y i t. ,�r�l.. �"Y. i:'�`!�•:�e•x.,�c a r,�k `_ + .;';�� :j;. "i4 k ;K,..• •,�-�, .t.^��L�Yi y t .;, _ :�.`ryLSs:�.`•.r.t.c ' .,. �{4k� .1'y t,t,,f,. '[! { '"•''i't ' +� r r7 tt� ✓'!' "i, �';,.: i;s .,,? ..xf � ' �,.. :,4.,t'' _ ai• �t 5,1t E:<o JuclTyson', M:i v r • �'}tiMark D I�Viiitlics; Oily Man.tgci ,`$; ' .� .+, K .r_ 3' �•r S. 0 a ,�} r ra �u - It1V8tI e:�nurture:� July 27, 2021 1 VIA ELECTRONIC MAIL: dreingoldna irc oovv..com i Dylan Reingold, Esq. Office of the County Attorney Indian River County 1801270, Street Vero Beach, FL 32960 Re: Canceling Taxes for Land having'Parcel ID No. 31-37-00-00001-1441-00004.0 Our File No. 21-205 1 Dear Dylan: The City recently completed its purchase of approximately one (1) acre of vacant land from Michael O'Haire's Trust adjacent to its stormwater retention area in the Hall, Carter, James Subdivision. The City will be using this land to expand the stormwater retention area. The City requests that the County cancel taxes for 2021 and remove the property from the tax roll as of July 19, 2021, the date the Warranty Deed was recorded. A copy of the recorded Deed is attached. Pursuant to the Constitution of the State of Florida Article VII Section 3(c) "all property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation".1 Section 196.28(1) F.S. provides in relevant part "The board of county commissioners of each county of the state be and it is hereby given full power and authority 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 • • • municipality of the state, • • • for road purposes, defense purposes, recreation, reforestation or other public use; and said lands shall be exempt from county taxation so long as the same are used for such public purposes". i i 22 South Orange Street ;Fellsmere, Florida 32948-6700 Phone: 772-571-1616 Fax: 772-571-8615 I , I Letter to Dylan Reingold, Esq. July 27, 2021 Page 2 of 2 Prorated funds were collected at dosing for the taxes. These funds were sent to and received by Jordan Abbey, Manager of Taxes and Licenses, Tax Collector's Office. Please advise if there is anything else the City needs to do to have this Land removed from the tax roll. Very y yours, Warren W. Dill City Attorney WWD/jlb Enclosure cc: Mark D. Mathes, City Manager (w/enol) Putnam Moreman, Director of Finance (w/enol) t:\clients\1760\21-205\2021.07.26 letter to dylan re cancellation of taxes.docx 3120210051670 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3445 PG: 32, 7/19/2021 10:33 AM D DOCTAX PD 5175.00 Prepared By & Return To: Warren W. Dill, Esq. Dili, Evans & Rhodeback 1565 US Highway Sebastian, FL 32958 Parcel Identification No. 31-37-00.00001-1441-00004.0 . Space etwve Us line for recording date— Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Warranty Deed, made this Zyl!tlo ay of July, 2021, between Michael allaire, Individually and as. . Trustee of The Michael O'Haire Living Trust WA/D January 30, 2019, whose address is 3111 Cardinal Drive, Vero Beach, FL 32963, hereinafter referred to as "Grantor", and City of Fellsmere, Florida, Florida, whose post . office address is 22 S. Orange Street, Fellsmere, FL 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 heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit: The following part of Tract 1441 of FellsmereFarms Company's subdivision of all unsurveyed part of Township 31 South, Range 37 East, according to the plat thereof recorded in Plat Book 2, Pages 1 and 2, St. Lucie County Records (said land now lying in Indian River County): From a point on the west line of Tract No. 1441; which point is S 0°2P E a distance of 439.31' from NW Comer, thence N 89039' E 300' for point of beginning; thence N 89°39' E 200; thence S 0°21' E 212.71' to a point on North Right of Way of Railroad; thence N 89014'W 200.12% thence N 0°2 PW 205.15' to point of beginning. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining." Subject to governmental regulations, covenants, rights of way, restrictions, easements and reservations of record, if any, but this provision shall not operate to reimpose the same, and taxes for the year and subsequent years. 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 authoriy to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the sante against the lawful claims of all persons whomsoever and that said land is free of ail encumbrances, except as stated herein and taxes accruing subsequent to December 31, 2020. In Witness Whereof, Grantor has hereunto set grantoes hand and seal the day and year first above . . written. Signed, scaled and delivered in our presence: WITNESSES: Micha O 've, 'vi y and as Trustee of The Michael 0' ire Living Trust U/A/D January 30, 2019 tpdmNfflnoStephanie 14. Petrulak AqpC. t� imni wmd TanIg C. Tillman State of Florida County of Indian River The foregoing instrument wasacknowledged before me by means of mrrphysical presence or" O online notarization this &0 day of July, 2021 by Michael O'Haire, Individually and as Trustee of The Michael O'Haire Living Trust IJ/A/D 1-30-19 who [+1 is personally known to me or [ j has produced a driver's license issued by the State of as Identification. {Ial�OrlSJ [Notary S s NMQTM" Notary Mblic, State of Florida Commission No. cWtitth baontam Printed Name: Tanya C. Tillman iEVh%m My Commission Expires: November 5, 2024 mom