HomeMy WebLinkAbout1985-139RESOLUTION NO. 85- 139
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, ACCEPTING A GIFT OF OCEAN-
FRONT LAND MADE BY GEORGE AND JEANNETTE
LIER AND EXPRESSING THE COUNTY'S THANKS
AND APPRECIATION FOR THE DONATION.
WHEREAS, Indian River County has embarked on a program of
acquiring public beaches and beach accesses to ensure that the
succeeding generations of residents of this County will have
sufficient and convenient accesses to the Atlantic -shore beaches;
and
WHEREAS, the Lier family has owned and operated several
large citrus groves on Orchid Island and for generations has owned a
parcel of land running from State Road A -1-A to the Atlantic, which
land is approximately 100 feet wide and is contiguous to a parcel of
land already owned by Indian River County as a park; and
WHEREAS, the Lier family wishes to donate this parcel of
land to the County for use as a public beach recreational area; and
WHEREAS, the Board of County Commissioners of Indian River
County wishes to accept this parcel and has ordered that this
resolution be prepared to memorialize the donation and express its
appreciation;
NOW, THEREFORE, BE IT RESOLVED BY INDIAN RIVER COUNTY,
FLORIDA, THROUGH ITS BOARD OF COUNTY COMMISSIONERS that:
1. The Board accepts the donation of the oceanfront property
with the following legal description:
All of the North 100 feet, measured on a North/South
line, lying east of the East right of way of State
Road A -1-A of Government Lot 11, Section 10, Township
31 South, Range 39 East, said land lying and being in
Indian River County, Florida.
2. The County accepts the property subject to the cove, -ants,
conditions, and limitations contained in the warranty deed, as shown
on Attachment "A," which state generally that the property shall be
used solely for public beach recreational purposes without charge to
the public, and that the property shall not be sold or conveyed to
any other party except for potential road widening of State Road
A -1-A.
-1-
3. The Board wishes to express its heartfelt thanks to the
Lier family for its generous donation and wishes to acknowledge the
fact that the property, which is appraised at $200,000, will make a
substantial contribution to the goals of the County in providing
public teach recreational areas for the long-term future of Indian
River County.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded by
Commissioner Bird and, being put to a vote, the vote
was as follows:
Chairman Patrick B. Lyons Aye
Vice Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. Aye
Commissioner Margaret C. Bowman Aye
The Chairman thereupon declared Resolution No. 85-139 duly
passed and adopted this 18th day of December 1385.
BOARD OF COUNTY COMMISSIONERS
OF IN N RIVER COUNTY, FLORIDA
By ,
P ck B. Lyo s,
airman
Attests YA
re a Wright C erk
i
Approved, as. to form and legal Approved for ag nda
SUFFICIENCY:}
Charles P. itunae Michael Wright
County Attorney County Administ ator
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George Lier and Jeannette M. Lier, his wife,
A. I). to 85 by
hereinafter called the grantor, to
Indian River County, a political subdivision of the State
of Florida
whose postoffice address is 1840 25th Street, Vero Beach, FL 32960
hereinafter called the grantee:
IT,
used herein the term+ "grantor" and " nten" include all the parties to this instrument and
the hein, legal representatives and asups of in ividuals, and the succestors and auigM of corporations)
01tassfz1h: That the grantor, for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re-
mises, releases, conveys and confirms unto the grantee, all that certain land situate in Indian River
County, Florida, viz:
All of the North 100 feet (measured on a north -south line)
lying East of the East ri.gh.t of way of State Road AlA, of
Government Lot 11, Section 10, Township 31 South, Range 39
East. Said land lying and being in Indian River County,
Florida.
DOC. 8T. - AMT. 3 , 50 0-'FRAOA WRIBHT, perk of Gbit f
Imuran River County - bf a"a
The Grantors are making a gift of the above described property
to Indian River County upon the following express covenants,
conditions and limitationswhich shall run with the land and be
binding on the Grantee and the successors and assigns of the
Grantee, which covenants, conditions and limitations are as
follows:
1. The property shall be usely solely for public beach
recreational purposes without charge to the public.
Z. The property shall not be conveyed to any third party
including, without limitation, the State of'Florida or
agencies of the State of Florida, or the Federal Government
or agencies of the Federal Government, and shall not be placed
under the control of the State of Florida, its agencies, or
the Federal Government or its agencies.
3. Excepted from the above restrictions shall be the
widening of State Road AlA and in the event additional
right of way is required for State Road AlA, then such part
of the property as is reasonable and necessary may be used
for State Road AlA right of way purposes.
In the event that any of the foregoing covenants, conditions
and limitations are breached, then the Grantor, or their
heirs, successors, administrators or assigns may file an
action for specific performance, declaratory judgment, or
other relief permitted under the laws of the State of
Florida, and/or the Grantors, their heirs, successors,
administrators or assigns, may file an action for reverter
of the title to the property to the Grantors, their heirs,
successors, administrators or assigns.
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TOor with all the tenements, hereditaments and appurtenonres thereto belonging or in any-
wise appertaining.
To ]Wt W to 11od{{r the same in fee simple forever.
]11!16 the grantor hereby convenanis with said grantee that the grantor is lawfully seized of said (and
in fen simple; that the grantor has good right and lawful authority to sell and convey said land; that lite
grantor hereby fully warrants the title to said land and will defend flip some against the lawful claims of
all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent
to December 31, 19 85.
(t 10RUSS lghtftd, the said grantor has signed and sealed these presents file day and year
first above written.
and delifered in)our presence:
.................................. .. 1 ........................
STATE OF Florida
COUNTY OF Indian River
I HEREBY CERTIFY that on this day, before me, an
officer duty authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
George Lier and .Jeannette M. Lier, his wife,
to nae known to be the persons described in and who executed the foregoing instrument and they acknowledged
before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 13 day of
December, A. D. 19 85.
Notary Public, St L of Florida
at Large. My commission expires:
NOTARY PUBLIC STATE OF FLORIDA
.`� •,.''. MI COW,'ISSION EXPIRES JAN 13 1986
f A-4 )EU IMU QEt+ERAL INS s UUMA Y&IIE&S
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7%uf luunuunrt prepnrrl by: Darrell Fennell, Esq.
Adelms 979 Beachland Blvd. u_c��rZ��aSEO
Vero Beach, Fl. 32963 �
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(t 10RUSS lghtftd, the said grantor has signed and sealed these presents file day and year
first above written.
and delifered in)our presence:
.................................. .. 1 ........................
STATE OF Florida
COUNTY OF Indian River
I HEREBY CERTIFY that on this day, before me, an
officer duty authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
George Lier and .Jeannette M. Lier, his wife,
to nae known to be the persons described in and who executed the foregoing instrument and they acknowledged
before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 13 day of
December, A. D. 19 85.
Notary Public, St L of Florida
at Large. My commission expires:
NOTARY PUBLIC STATE OF FLORIDA
.`� •,.''. MI COW,'ISSION EXPIRES JAN 13 1986
f A-4 )EU IMU QEt+ERAL INS s UUMA Y&IIE&S
,t
7%uf luunuunrt prepnrrl by: Darrell Fennell, Esq.
Adelms 979 Beachland Blvd. u_c��rZ��aSEO
Vero Beach, Fl. 32963 �