HomeMy WebLinkAbout1997-109 t
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10/1f87RES0(LEOAQWOC1nhm
Part of 05-33.39-00000-7000-00001.0
Sidney M.eanack,Jr.
(right-of-way along 58th Avenue and College Lane)
• RESOLUTION NO. 97- 109
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, ACCEPTING A RIGHT-
OF-WAY DEDICATION AND 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.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA,that:
1. The dedication of right-of-way as described in O.R. Book 1161, at
Pages 2183-2186 of the Public Records of Indian River County, Florida, is
hereby accepted; and
1
RESOLUTION NO. 97-109
2. Any and all liens for taxes delinquent or current against the
• following described lands, which were acquired for right-of-way from Sidney M.
Banack, Jr. are hereby cancelled pursuant to the authority of section 196.28,
F.S.
See attached Warranty Deed describing lands,
• recorded in O.R. Book 1161 at Pages 2183-2186,
Public Records of Indian River County,Florida.
The resolution was moved for adoption by Commissioner A rt i m c , and
the motion was seconded by Commissioner T i p p i 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 Ahs ant
Caroline D. Ginn Aye
Fran B.Adams AVP
The Chairman thereupon declared the resolution duly passed and
adopted this 7 day of October, 1997.
BOARD OF COUNTY COMMISSIONERS
INDIANRIVER COUNTY, FLORIDA
By
Carolyn PVggert, Chi n
;��K.jrtprii Ierk APPROVED AS TO FORM
�.� AND LEGAL SUFFICIENCY
By
WILLIAM G. COLLINS it
DEPUTY COUNTY ATTORNEY
TAX CERTIFICATES OUTSTAI MING i
yes no
CURRENT PRORATED TAY,R,7.;DVED Afm
DEPOSITED WITH TA;COLLECTOR �
2
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� THIS INSTRUMENT WAS PREPARED BY 10/2f (PLANVuntlb&O)LEGAL(wGC/nhm)
AND SHOULD BE RETURNED TO;
Indian River County Attomey's Office Mt11E p�pppg OF
184025th Street ,�}a�rK g�F-oe DOMIMENTARY STAMPS
40 (/ Vero Beach,FL 32980 INDIANRIVERCC.,FLpi.T DEED 3,7 0
(581)587-8000,Ext.425
NOTE$ r
JEFFREY K.PARTON•CLERK
WARRANTY DEED INDIAN RIPEN COUNTY
0 THIS WARRANTY DEED made the q day of
1997, by SIDNEY M. BANACK, JR., whose post office address is P Box 266,
Vero Beach, Florida 32961, hereinafter called the "Grantor," to I DIAN RIVER
COUNTY, a political subdivision of the State of Florida, whose post office address Cz
is 1840 25th Street, Vero Beach, Florida 32960, hereinafter called the"Grantee."
(Wherever used herein, the terms "Grantor" and
"Grantee"include all the parties to this instrument and
the heirs, legal representatives and assigns of
individuals, and the successors and assigns of
corporations.)
WITNESSES: That the Grantor, for and in consideration of the sum
of Ten and No/100 Dollars($10.00)and other good and valuable consideration in
hand paid, receipt of which is acknowledged, hereby
grants,
aliens, remises, releases, conveys and confirms unto theGrantee orraroad right-
of-way and related purposes, all that certain land situate in Indian River County,
Florida,to-wit:
See Exhibits A-1 and A-2 attached hereto and made a part hereof.
following: The conveyance hereby made is contingent and conditioned on the
1• Conveyance by the Grantee of good and marketable title, free
of any encumbrances or liens, of 61.7 feet lying Northerly of
and adjacent to the Main Relief Canal right-of-way, described
as follows:
The South 61.70 feet of that part of the Southeast 1/4 of the
Southeast 1/4 of Section 5, Township 33 South, Range 39
East, lying North of and measured perpendicularly to the North
boundary of the Main Canal of the Indian River Farms Water
Control District; LESS AND EXCEPT that land conveyed to the
State of Florida as described in Deed Book 78, Page 185, of
the Public Records of Indian River Cbunty. ALSO, LESS AND
EXCEPT the easterly 40 feet of the above described parcel,
measured perpendicular to the West line of the first named
exception;
2• S"gnalization of the intersection of the road to be constructed
upon the real property conveyed hereby, "new Lundberg
Road,"and Kings Highway, as soon as traffic volume warrants, 01
to be designed in connection with pending design of Lundberg
Road and Kings Highway;
N:
3. Grantee's construction of a new Lundberg Road in conjunction
with Kings Highway at no expense to Grantor within twenty-four CZ
a
(24)months from date;and
1
•
4.. Following construction of the new Lundberg Road upon real
Property conveyed hereby, right-turn in and right-turn out
Ingress and egress will be permitted to Grantor to and from
Grantor's adjacent property onto 58th Avenue(Kings Highway).
TO HAVE AND TO HOLD the same in fee simple forever.
Grantor hereby covenants and represents that the real
proprty
described herein is not and never has been the homestead of Grantor, nor is the
same contiguous to the homestead of Grantor.
And the Grantor hereby covenants with said Grantee that the Grantor
is lawfully seized of said real estate in fee simple; that the Grantor has good right
• and lawful authority to sell and convey said real estate; that the Grantor hereby
fully warrants title to said real estate and will defend the same against the lawful
claims of all persons whomsoever; and that said real estate is free of all
encumbrances,except taxes accruing subsequent to December 31, 1996.
IN WITNESS WHEREOF, the Grantor aforesaid has signed and
sealed these presents the day and year first above written.
Signed, sealed and delivered
in the presence of:
sign name: � ot� �Jr.print name: Ian : _ Sidney M.,13ana
sign name: LPi sone 1 LLnasc,
print nam6. ,-_,�
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this qy
of T da
ally 1997, by Sidney M. Banack, Jr., who is ersonday
known to m or who has produced
as identification.
NOTARY PUBLIC:
sign name: -
print name:
Commission o.:
Commission Expiration:
JUOIiN M.POID
Mr CG1t1lQgll I OD i116Q
W Ju r 14 MW
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APPROVED AS TO FORM rn
AND LEGAL SUFFICIENCY
BYa
WIL
. C
LIAM GOLLINS !I N
DEPUTY COUNTY ATTORNEY CC
2
• 1
EXHIBIT A-1
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North Line of S 1/2 of SE 1/4 Sec. 5-33-39
� N 8538 52' W so' � � Scale: t`=150'
1261.B2' o _ 30.02' W
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1 67.70'
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LEGAL DESCRIPTION
3 to All that strip of land lying 30 feet on each side of the following described centerline:
Commence at a point in the North line of the S1/2 of the SE1/4 of Section 5, Township 33 South, Range 39 East where
it is intersected by the present West right-of-way of King's Highway, and run
S2'19'21" W, along the said West right-of-way, a distance of 30.02 feet to the POINT OF BEGINNING of the said
centerline. Then run
N 89'38'52" W. parallel with the said North line, a distance of 1261.82 feet to the West line of the SE 1/4 of the SE 1/4
of the said Section 5, Township 33 South, Range 39 East and the end of the said centerline, the sidelines being shortened or
lengthened, as the case may be, to intersect existing property lines.
Containing 75,709.04 square feet. Lying in Indian River County, Florida.
CERTIFICATION o
I, Charles A. Cromer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state z
of Florida, that this sketch vras made. under my immediate supervision, and that it is accurate and correct. I further certify Y
that this sketch meets the lviinimum,`Technical standards as described in Chapter 61G17 of the Florida Administrative Code,
pursuant to F.S. Chapter 472. THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION 3
=�� = PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT c
Charles A. Cromer, P.S.M. Reg. #4094 1,840 25th St, Vero Beach, FL 32960 <
Indian River County Surveyor (407) 567-8000 Date /e-4�ie-71 i(p-2G
a
S8179A1911Hn
EXHIBIT A-2
1 ' y P.O.C.
60' NW Comer of
_ NZ 19'21 ,3
"E 66.90' SCOI@: �n= �' SE 1/4 of SE 1/4
a Sec. 5-33-39
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YP N
Io > Io cwrN N X17'¢8" E 00
00
�, CT 0.,30• W
I _7 W�.1 9 '� .S► N
U — N T t 2'48" ly m
N2 7 9'21'E66.90, 157 61' N 60.44 n
S 2'1921" W\ o°�°S2'1921" W N01745 z
58TH AVENUE (KING'S HIGHWAY P.O.B.
LEGAL DESCRIPTION
a.
C-)
�� Commence of the NW corner of the SE 1/4 of the SE 1/4 of
Section 5, Township 33 South, Range 39 East and run
Z �� Along the North line of the said SE 1/4 of the SE 1/4
o S 89'38'52" E o distance of 1262.94 feet to the present West
right-of-woy line of 58th Avenue (King's Highway). Then run
Along the present West right-of-way line. S 2'19'21" W o
distance of 60.04 feet to the POINT OF BEGINNING. Then
— -T- E Continue along the present right-of-way line, S 2'19'21" W
Section Line N 0 17 45" o distance of 157.61 feet to o point lying 61.7 feet North of.
CERTIFICATION measured normal to, the Main Canal. Then run
S 69.35'34" W. parallel with the said conal, a distance of
I, Charles A. Cromer, hereby certify that I am a Registered Professional 32.53 feet to o point. Then run
Surveyor and Mapper licensed to practice in the state of Florida, that N 717'48" E a distance of 170.30 feet to a point lying 3
SE 1/4 of the SE 1/4 before me
this sketch was made under my immediate supervision, and that it is 60 feet from, measured normal a the North line n the o
accurate and correct. I further certify that this sketch meets the ntioned. Then run ori
Minimum Technical Standards as described in Chapter 61G17 of the S 8538'52" E. parallel with the said North Zine, o distance
Florida Administrative Code, t of 15.24 feet 3. the POINT OF BEGINNING. z
pursuant to F.S. Chapter 472. Containging 3,652.7 square feet. Y
Lying in Indian River County, Florida. W
THIS IS NOT A SURVEY 4
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
Charles A. Cromer, P.S.M. Reg. #4094 1840 25th St, Vero Beach, FL 32960 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT o
Indian River County Surveyor (407) 567-8000 0
Date /d 4fl,4
9 9 17,5d 1 9 Nn