HomeMy WebLinkAbout1999-1931017197(F0RMS)LEGAL(wGClnhm)
Thi`.; to :.I 5 n"i t)y
Rild Alffi id be r::e;_Cil: iT to
j the d:01-:::iy Aiforney's 0 fice,
1::40 25iTl St., Vero Beach,
Florida _. �2960. '
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1035k92
DOCUMENTARY STAMPS
DEED $ .`7 0
NOFE $
JEFFREY K. RARmN, f,EERK
INDIAN RIVET; COUNTY
SPECIAL WARRANTY DEED
97 C::I: '11; f'; i 2:19
THIS DEED is made on the 014 day of �, 1997 between
Lost Tree Village Corporation, a Florida corporation, Grantor, and the Board of
County Commissioners of Indian River County, Florida, a political subdivision of
the State of Florida, Grantee, whose post office address is 1840 25th Street,
Vero Beach, Florida 32960.
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten Dollars, and
other good and valuable consideration to Grantor in hand paid by Grantee, the
receipt of which is acknowledged, conveys to Grantee and Grantee's successors
and assigns forever the following described land situate in Indian River County,
Florida:
See Exhibit "A" attached hereto.
And Grantor covenants with Grantee that, except as noted, at the time of
the delivery of this deed:
1. The premises are free from all encumbrances made by Grantor,
except as follows:
None
2. Grantor will warrant and defend against the lawful claims and
demands of all persons claiming by, through, or under Grantor, but against none
other.
Signed in the presence of
the following witnesses:
sign:
print ame: grucu �.tl�crucort(
sign: � UA..l.. E. wmdnc.
print name: 'ti le. r� B Yrs
LOST TREE VILLAGE CORPORATION,
a Florida corporation
By:
Charles M. Bayer, Jr
President
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
[1Y __LtA 46CJ-4,11f
DLPU I'! II ORNLY
40
STATE OF FLORIDA.
COUNTY OF dl"
The foregoing instrument was acknowledged before me by Charles M.
Bayer, Jr., President of Lost Tree Village Corporation, a Florida corporation
on behalf of the corporation. He is rsona no n or has produced
as identification.
2
NOTARY PUBLIC
sign:
print name: 7lla ra
Commission No.:
Commission Expiration: �b� Illy
OFFICIAI, NOTARY SEAL
TILARA F. YAWN
NOTARY PUEiLIC STATE OF FLORIDA
COMMiSS10N NO. CC40974b
I MYCOMMISSipiJ "rxP.SEFT25,1S�3 ,
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LEGAL DESCRIPTION
CONSERVATION AREA
COMMENCE AT A POINT 1,910 FEET SOUTH AND 1,428 FEET WEST OF THE
NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA; THENCE, S21°47'00"E, 429.96 TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. THENCE, CONTINUE
S21°47'00"E, 60.04 FEET; THENCE, S48°01'00"E, 643.00 FEET; THENCE.,, N24°46'00"E,
166.35; THENCE, N59°34'04"W, 661.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.45 ACRES OF LAND MORE OR LESS AND LIES WHOLLY
IN INDIAN RIVER COUNTY, FLORIDA.
LEGAL DESCRIPTION
LIVE OAK DRIVE RIGHT-OF-WAY
COMMENCE AT A POINT 1,910 FEET SOUTH AND 1,428 FEET WEST OF THE
NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA; THENCE, S21°47'00"E, 332.04 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. THENCE,
CONTINUE S21047'00"E, 97.93 FEET; THENCE, S59°34'04"E, 661.00 FEET; THENCE,
N24°46'00"E, 60.30; THENCE, N59°34'04"W, 732.44 FEET TO THE POINT OF
BEGINNING.
SAID PARC FT rnnrrnln,C n — ry )"Lo OF LANDivivtcr. ORLl s5 AND LIES WHOLLY
IN INDIAN RIVER COUNTY, FLORIDA.
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EXHIBIT "A"
t 0MWR ESO(LEGAL)W GGnhm
RESOLUTION NO. 97-146
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, ACCEPTING A DONATION OF LAND
FROM LOST TREE VILLAGE CORPORATION AND
ACKNOWLEDGING THE PARTIAL OPERATION OF A
REVERTER CLAUSE IN THAT RIGHT-OF-WAY DEED
RECORDED IN DEED BOOK 72, PAGE 179 FROM
ELIZABETH HANSEN TO THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA.
WHEREAS, on May 20, 1997 the Board of County Commissioners of Indian
River County entertained and approved a request from Lost Tree Village
Corporation that the County accept road right-of-way and conservation land
dedicated by Lost Tree Village Corporation as partial mitigation for the development
of two single-family residences on Wabasso Island; and
WHEREAS, the Board authorized staff to take the necessary action for the
County to obtain legally sufficient title to the property; and
WHEREAS, the upland areas proposed for development by the Lost Tree
Village Corporation are traversed by the centerline of a 100 -foot road right-of-way
dedicated to Indian River County by Elizabeth Hansen on March 14, 1952, said right-
of-way being described at Deed Book 72, Page 179; and
WHEREAS, that deed by its own terms provided "in the event a public road is
not actually constructed on the right-of-way hereinabove described within ten (10)
years from the date hereof, this deed shall be null and void, and the land herein
described shall, in such event, revert to the party of the first party, her heirs and
assigns'; and
WHEREAS, no public road was actually constructed on the right-of-way
dedicated by Elizabeth Hansen in 1952 within that portion of property now owned by
Lost Tree Village Corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The Board of County Commissioners hereby accepts the dedication of
a 1.45 -acre conservation area to be added to the property leased to the
Environmental Learning Center; and the dedication of .96 acres for Live Oak Drive
right-of-way from Lost Tree Village Corporation as set out in the deed attached as
Exhibit "A" hereto.
1
2. The Board of County Commissioners hereby acknowledge that the
dedication of right-of-way by Elizabeth Hansen in 1952 at Deed Book 72, Page 179,
:W Public Records of Indian River County, Florida is null and void to the extent that 100 -
foot right-of-way traverses the Lost Tree Village Corporation property herein
e^� described in Exhibit "B".
The resolution was moved for adoption by Commissioner Mme, and the
motion was seconded by Commissioner Ti ppi n , and, upon being put to a vote,
the vote was as follows:
Carolyn K. Eggert, Chairman Aye
John W. Tippin, Vice Chairman Aye
Kenneth R. Macht Aye
Caroline D. Ginn Absent
Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
Dec6mber
this __U of Woopf, 1997.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By C�_s-/
Carolyn K. ggert, Chair
ATTEST:
Jeffrey rtC.lerk
APPROVED AS "r0 FORM
AND LEGAL SUFFI I�NCY
BY �ra �GC
WILLIAM G. COLLINS II
DEPUTY COUNTY ATTnanJVv
2
EXHIBIT "A
1 M7187(FORMS)LEGAL(WGClnhm)
SPECIAL WARRANTY DEED
THIS DEED is made on the AA day of A , 1997 between
Lost Tree Village Corporation, a Florida corporation, Grantor, and the Board of
County Commissioners of Indian River County, Florida, a political subdivision of
the State of Florida, Grantee, whose post office address is 1840 25th Street,
Vero Beach, Florida 32960.
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten Dollars, and
other good and valuable consideration to Grantor in hand paid by Grantee, the
receipt of which is acknowledged, conveys to Grantee and Grantee's successors
and assigns forever the following described land situate in Indian River County,
Florida:
See Exhibit "A" attached hereto.
And Grantor covenants with Grantee that, except as noted, at the time of
the delivery of this deed:
1. The premises are free from all encumbrances made by Grantor,
except as follows:
None
2. Grantor will warrant and defend against the lawful claims and
demands of all persons claiming by, through, or under Grantor, but against none
other.
Signed in the presence of
the following witnesses:
sign:
print me: —>rz;p �• l lit crnct
sign: ex�,
print ed Ircd I t Y4wr/
LOST TREE VILLAGE CORPORATION,
a Florida corporation
By:
Charles M. Bayer, Jr
President
40
STATE OF FLORIDA.
COUNTY OF _� ,ktA
The foregoing instrument was acknowledged before me by Charles M.
Bayer, Jr., President of lost Tree Viilage Corporation, a Florida corporation
on behalf of the corporation. He is rsona vl"known�io n or has produced
as identification.
NOTARY PUBLIC
sign:_
print name:
Commission No.:
Commission Fxpiration:_�b 1-ftly
ARY SEAI. YAWNEMQ
A'T'E OF FUDRIDANO. CC409T46F.XP. SEPT 26,1998
40
LEGAL DESCRIPTION
CONSERVATION AREA
COMMENCE AT A POINT 1,910 FEET SOUTH AND 1,428 FEET WEST OF THE
NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA; THENCE, S21°47'00"E, 429.96 TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. THENCE, CONTINUE
S21°47'00"E, 60.04 FEET; THENCE, S48°01'00"E, 643.00 FEET; THENCE, N24°46'00"E,
166.35; THENCE, N59034'04"W, 661.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.45 ACRES OF LAND MORE OR LESS AND LIES WHOLLY
IN INDIAN RIVER COUNTY, FLORIDA.
LEGAL. DESCRIPTION
LIVE OAK DRIVE RIGHT-OF-WAY
COMMENCE AT A POINT 1,910 FEE: SOUTH AND 1,428 FEET WEST OF THE
NORTHEAST CORNER OF SECTION 27, TOWNSIUP 31 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA; THENCE, S21°47'00"E, 332.04 FEET TO THE
POINT OF BEGINNING OF THE I IEREIN DESCRIBED PARCEL OF LAND. THENCE,
CONTINUE S21047'00"E, 97.93 FEET, THENCE, S59°34'04"E, 661.00 FEET; THENCE,
N24°46'00"E, 60.30; THENCE, N59°34'04"W, 732.44 FEET TO THE, POINT OF
BEGINNING.
SAID PARCEL CONTAINS 0.96 ACRES OF LAND MORE OR LESS AND LIES WI -101.1.v
iN iiiDiAN RIVER COUNTY, FLORIDA.
I�?�HIBIT 1111
40
10/417 1'1'1 13:56 I'AX 56t 231 J5PV J..1. RBAL.ESTATF. CO.
"B"
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:
i
72 f.c 17-3 I
+: i ; INDI :li4T• , end• this the
day Of �e�w
Sn3a'or 1
19ra, bet,:een ELIZA3Ex7! 1;;,;:5�! ` D.
unmarried, party of the first pert,
sad J V,! 0 c. cCt ITY CO. -:1!l" OI;r;" of Indian P,iver County, tato o;
;.t•rxy of the second part, 1
fi "'•' ':Ja•'i7{1 i'}ut tiic
said
n H i,r party of the first part, for
con -.dor tion of tsio s m or clto Aollar
vnlyable1+1.00) *rd other
ccnsicerztirn: to her in
' ha•`� paid by thr party of the
"c CO peri, the receipt :,hereof is hereby Gelrnouledged, Ms Gr•=^-_
� 1 tis." J
i ted, a'n¢., are sold, and by th.cae pre Dents does
rad sell to .4:cgrant, bargain
accl-ns a r1.;ht-ofdparty of t!1e second pert, its suceaseors, and
t lay and easement One hundred
t,ect±0n a7 1100) feet nide in
q , .ans..ip jl South, of usge 39 East, in Indian River
i! County, a1e7:d.1, described as folla739 to -wit:
I
�1 Scutk,-ance`39 rA6tk "Section 279 io;inship i
j
on "c� Tide t!r :cl!n.t Lica within 50 foot
! �� ¢� "O ''St= ran c!:•• :tor theastoeornorrlbed co�Leectl.on
eet±on111ne Vo,�xa, •1.nge 39 East, run ,due fest
GO feet
"hnneo run south 52 1
1 ^.?Cos the "ter _1^c Of State irirhm>
Z.
c. ace of 21,00.0 .cot to Y and 1rid� ,:. :i J.
rater line in .: • point of beninjjL ; of :c�• a
"•'�"•in' run south 6c L";cn, from said point of be- rj;��i'�I�j
1 27j8,0 -Oct to the S 'AS" To' distance r c
1J north end of Pine Ial of
and
T'p above dercribee center
! rf prc� , line is the ).
h so lY.; rant-ir,1:t of canter lino
t..G ..,basso 3r ray er.tendir
=t the no to end�ofo.oast dirce%lonrcp
Pine Island.
� :his teed
is nade for the purpose of giving end grantin to
' tee Party e^ t 6
t..e second part, its successors
: , legal representatives
rigb: Of .lay Ane e:se-er:t 1111 rnd to
sa
Tub-
Pc-.cs¢si amu is ..
rrde, execrated and delivered w! t,
0; 'rate ur.;serc[ ;c!r, ' the
1 ;
end condition thrt
cuatintcd nr cb;, aaa ever be c:s-
'h3
ICO::ed as a publ'c
aDhnsy tLe ti
i "retpon revert .d tie to the
: evcst 3:. ,he
Party of of r+"_-
... .. zG gar.,
=r '•1t^.Is :;t OrS, ESaelt6. p
OVCnL C Lj'_Sc no-'tCtRL'_i7 Cr1 DLrllCtEd O, ass, gne
irn�ova the richt of off•
ten 1 / ncre-
I 0) Years from tho dude hE•rGat - !s
s: ail be Lull arc vcic , "Y._ cc•c.:
i , and the lard herein described sY311
1' event , Sa ors
!; , revert tre ,arty of the first part, her hoirs and a3rlos.
1,
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Bi 18: 97 7111': 15:67 FAX 661 291 1699 J.I. R6ALUSTATE CO.
1-J
took %!? r:;,; :�
And VP Bald pnrty nr the first part duos heroby fully
"Orrnnt the title to e0id lands, enc; n111 -defend the same against
the lawful clnina of till porsono ahonsorvcr.
I!P 7.7rT-r'_" lYTriEOF, the said
party of the first port has
hfreunto set her hand and seal, this tho day tind year flrit above
written.
Slvned, scaled And delivered
In the prcacnce ofj
ETATE OF FLO'IDA
COUNTY 07 I::'D1A:i rlYER
On this day personally appeared before me, an officer
avthoriaed to take aeknovlednnents of deeds, etc., ELjZAP7;T1i :�?•;$ i,
unae`ried, to ne xell knc.in znd MOM' to me to bo the person describr:d
in Ane who executed the foregoing deed, and she acknowledged be:o-e me
that she ezecuted the sate for the uses and purposes therein e:Pr,+5:ed.
Yl! IIYtlESS . =OF, I have hereunto set :,y hand ani cfficial
seal at Vero Beach said co. _ ?,
� u:ty :fid 5�,,,, , this LYS day o: .;.ate••'-,
A. D. 1951.
$t GUtsry YULI le,
State of Florida at f,hti••e_ ..!n
i~y C0:-:jiS]ion Expires=