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Home My WebLink AboutR-2007-160William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Assistant County Attorney George A Glenn, Assistant CountyAttomey CONSENT: 1214/07 Offix of INDIAN RIVER COUNTY MEMORANDUM TO: The Board of County Commissioners FROM: tt illiam G. Collins II - County Attorney DATE: November 20, 2007 ATTORNEY SUBJECT: Resolution Canceling Taxes on Property Acquired by the City of Sebastian for Public Purposes A Resolution has been prepared for the purpose of cancelling any delinquent or current taxes which may exist on property acquired by the City of Sebastian from Bettina Boudrot, an unmarried woman, for public purposes (parking, park, re- alignment of road), which property is contiguous to the public boat ramp and is fully described in that Warranty Deed recorded in Official Record Book 2123, Page 394, Public Records of Indian River County, Florida. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Charles W. Sembler - Tax Collector David Nolte - Property Appraiser Rich Stringer - City Attorney, City of Sebastian Nancy Veidt - Finance Department, City of Sebastian -!41 ACENOA FAAttorney\Nancy\D0CSIMEM01bcc canceling taxes sebastian.doc from Bettina Boudrot to City of Sebastian for public use (parking; park; re- aligning road — contiguous to public boat ramp) RESOLUTION NO. 2007- 160 A RESOLUTION OF INDIAN RIVER --- CO-UN- TY -, - -- FL-ORI.DA- , - - -- CAN -C- ELLING - 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 1 RESOLUTION NO. 2007- 160 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: Any and all liens for taxes delinquent or current against the following described lands (contiguous to the public boat ramp), which were purchased for public use for parking, park purposes and re- alignment of the road from Bettina Boudrot, an unmarried woman, by the City of Sebastian are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 2123 at Page 394, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Davis , and the motion was seconded by Commissioner F1 Pgr.hPr , and, upon being put to a vote, the vote was as follows: Sandra L. Bowden, Chairman Aye Wesley S. Davis, Vice Chairman Aye Joseph E. Flescher, Commissioner Axe Gary C. Wheeler, Commissioner Aye Peter D. O'Bryan, Commissioner Aye 2 RESOLUTION NO. 2007- 160 The Chairman thereupon declared the resolution duly passed and adopted this 4th day of December , 2007. BOARD OF COUNTY COMMISSIONERS -- tNDtAN RIVER COUNT'- RORIDA1 - -- - -- - -- - - -- L "S'owden, C ATTEST: Jeffrey K. Barton, Clerk By: � i , Deputy Clerk APPROVED AS TO FORM AND LEGAL$tJfFICIENCY sv wiLLIAM G. COLLINS U ATTORNEY 3 1812857 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2123 PG: 394, 01/12/2007 08:43 AM DOC STAMPS D $2765.00 d ?,riorn e-x 1-1 This instrument prepared by: KEVIN S. DOTY, ESQUIRE Hatch & Doty, P.A. 1701 A -1 -A, Suite 220 Vero Beach, FI 32963 Property Appraisers Parcel Identification Number: 31- 39 -06- 00003 - 0030 - 00002/0 WARRANTY DEED (Statutory Form - Section 689.02, F.S.) THIS INDENTURE, made this 8 day of January, 2007, BETWEEN Bettina Boudrot, an ed -» man, of- the -Count ofindian_River,whose post- ffcP addrPCsjc• 1-306 12th Street, #B, Vero Beach, Florida 32960, grantor *, and City of Sebastian, a Florida municipal corporation, whose post office address is 1225 Main Street, Sebastian, Florida 32958 , grantee *, WITNESSETH that said grantor, for and in consideration ofthe sum of Ten ($10.00) Dollars, and other good and valuable consideration, 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: See Exhibit "A" attached hereto and made a part hereof SUBJECT TO: (1) TAXES FOR 2007 AND SUBSEQUENT YEARS; (2) ZONING AND /OR RESTRICTIONS AND PROHIBITIONS IMPOSED BY GOVERNMENTAL AUTHORITY AND (3) RESTRICTIONS, EASEMENTS AND OTHER MATTERS APPEARING ON THE PLAT AND /OR COMMON TO THE SUBDIVISION 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 authority to sell and convey said land; and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. * "Grantor" and "grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: 3 Witness Name: An„ 4ctbal 6,� 1 M4, Witness Name: a�Qn[�p� Mov -,ef STATE OF Florida COUNTY OF Indian River &&, - /bJr/.J, r�— BETTINA BOUDROT The foregoing instrument was acknowledged before me this January 6 , 2007, by Bettina Boudrot, an unmarried woman.. NOTARY PUBLIC _Personally known v/OR Produced Identification Type of Identification Produced: Driver's License(s) Al" " "" , Frances Ann Nelson Boudrot.WD Cotnmission#DD289813 Expires -Mar 12, 2008 Bonded Thou " Adau& Bonding Cc., Inc. BK: 2123 PG: 395 Exhibit "A" PARCEL 1: Lots 3 and 4, less the North 42 feet of Lot 4, Block 3, HARDEES SUBDIVISION B,.according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of SL Lucie County; Florida; now lying and being in Indian River County, Florida,. and less and except those portions conveyed to the City of Sebastian in O.R. Book 936, page 2133 and O.R. Book 1946, page766, Public Records of Indian River County, Florida. PARCEL 2: The South 5 feet of the North 72 feet of Lot 2; Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida, said land now lying and being in ___ -1ndian_RiveLCounty_. Florida.,.— AND The South 30 feet of the North 65 feet of Lot 2, Blocic 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. AND The North 35 feel of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of SL Lucie County, Florida; said land now lying and being in Indian River County, Florida. AND A parcel of land being the North 2.00 feet of the South 23.5 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida, being more particularly described as follows: Beginning at the intersection of the East right of way line of Indian River Drive (60 foot right of way) and the North line of the South 23.5 feet of Lot 2, proceed South 87 °36'23" East along said North line a distance of 47.69 feet to a point on the safe upland line (S.U.L.) on the West bank of the Indian River (S.U.L. elevation 0.9 N.C.V.D., located on 7112/88); thence South 11 °52'05" East along the S.U.L. a distance of 2.06 feet to a point being 2.00 feet South of the North line of the South 23.5 feet of Lot 2 when measured perpendicular, thence North 87 °36'23" West along a line 2.00 feet South of and parallel to said North line of the South 23.5 feet of Lot 2 a distance of 68.10 feet to a point on the East right of way line of Indian River Drive; thence North 00 °26'42" West along said East right of way line a distance of 2.00 feet to the Point of Beginning.