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HomeMy WebLinkAbout08-345RESOLUTION NO. 08-345 A RESOLUTION ACCEPTING A 5PECIAL WARRANTY ~EED Ca~N BEHALF~OF ST. LUCIE COUNTY, FLORI~A BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Flnrida, that: The foregoing SPECIAL WARRANTY DEED is duly accepted on beholf of St. Lucie County this 25th day of NOVEMBER, 2008. BOARD OF COUNTY COMMISSIONERS ~ . .~ ;~, ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: 5:\ACQ\WP\Right of Way Donations\Okeechobee Crossings\Resolution No. 08-345.wpd Prepared bv, record and return to: Adrienne V. Schmitz, P.A. 12230Forest Hill Blvd., Suite 1 lOF EDW~N M. FRY, Jr., CLERK OF THE CIRCUIT COURT Wellington, FL 33414 SAWT LUCIE COUNTY FILE # 3291254 12/17/20~$ at D3:51 PM e DEED OR BOOK 3043 PAGE 2257 - Z261 Doc Typ ~ Tax Folio #: Portions of: 2419-233-0001-000/5, RECORDING: $44.00 2419-233-0002-000/2, & 2419-233-0006-000/0 Above This Line For Recording ~ O .r., ~ -~ ~ -~ Q ~ 0 -~ ~ -~ ~ -~ ~ C7" U ~ ~ +~ ~ ~ a 0 ~ a ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ 0 U 0 +~ ~ ~ ~ ~ ~ ~ Special Warranty Deed This Special Warranty Deed made this ~~ day of November, 2008 between NNN/1031 No. 16 SR 70 Jenkins LLC, a Florida limited liability company whose post office address is 4801 PGA Blvd., Palm Beach Gardens, FL 33418, grantor and ST. LUCIE COUNTY, a political subdivision of the State of Florida whose post office address is 2300 Virginia Ave, Fort Pierce, Florida 34982, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this insirument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 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 St. Lucie County, Flor.ida to-wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. 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; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under grantor, but none other; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2007, any assessments and special assessments not yet due and payable as of the date hereof, and those matters set forth in Exhibit "B" attached hereto and made a part hereof as if fully set forth herein. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime Signed, sealed and delivered in our presence: Witness I~i.atne: `~ ;= . ~ ! 1 ~w,4;, :~,~,t 1~r~~.~ / .-a ~ Witness Name: ~~Te~C~~ State of Florida County of Palm Beach GRANTOR: NNN/1031 NO. 16 SR 70 JENKINS LLC, a Florida limited liability company By: CWP, LLC, as Manager By: av' A. an Authorized Representative /~~ The foregoing instrument was acknowledged befare me this ~f "" day of November, 2008 by David A. Dean, Authorized Representative of CWP, LLC, as Manager of NNN/1031 No. 16 SR 70 Jenkins LLC, on behalf of said Company. He [, /~is personally known to me or [] has produce a driver' ' nse as ide ' ication. ; .~ =~~~"~~ - ~~`~~-~ [Notary Seal] „~~,~ __~_ ~~~ ~-~~~ Notary Public ~~ ~ v r~E I~~a~t~~~~1~' p~t~~.d°nE ~r~i~~.2 ~ r~~" ~ .. ~I=~° ~~i ``~ rt~Y cohnha~iss~~nt ~k n~ ~ ze~ ~ ~ ~ ~~I~It~~ PereZ ~V~T~~ : ~ r-,~ - ~ Printed Name: ~;=~;~a,;;-~5z~: Et,?I~FS: Fe`~ru~ry c6 2~G9 „` oF, F;;,-` Bonded Thru Notary Public Undr~rwritors~ ~~ ~~-Y._.~:~~._ ...__......____-_"_ ~m.+~s~ ~~:~ ~+.rs~~«~s:-~~ . ~w~s n My Commission Expires: Warranty Deed - Page 2 DoubleTime Exhibit "A" A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST LUCIE COLTNTY FLORIDA, BEING MORE PARTICULARLY Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 19; THENCE SOUTH 88° 18' 28" EAST, A DISTANCE OF 40 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF JENKINS ROAD; THENCE NORTH 00° OS' 10" WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 29.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00° OS' 10" WEST, ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 636.83 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 19; THENCE NORTH 88° 31' 39" EAST ALONG SAID NORTH LINE, A DISTANCE OF 30.01 FEET; THENCE SOUTH 00° OS' 10" EAST, A DISTANCE OF 636.72 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD #70 (OKEECHOBEE ROAD) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 94030-2522; THENCE SOUTH 88° 18' 28" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING. Warranty Deed - Page 3 DoubleTime Exhibit "B" 1. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 2. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 3. Terms, conditions and provisions of Annexation Agreements as recorded in Official Records Book 943, Page 1496, Official Records Book 944, Page 2161, and Official Records Book 963, Page 270. 4. Terms, conditions, and provisions of Memorandum of Lease, dated July 27, 2006, by and between NNN/1031 No. 16 SR 70 Jenkins, LLC, a Florida limited liability company, as Landlord, and Walgreen Co., an Illinois corporation, as Tenant, recorded September 12, 2006, in Official Records Book 2654, Page 1928; and as amended by First Amendment to Memorandum of Lease, recorded November 6, 2007, in Official Records Book 2901, Page 1876. 5. Covenants, restrictions, conditions, reservations, easements, liens for assessments and other provisions set forth in Declaration of Covenants, Restrictions and Reciprocal Easement Agreement, recorded March 9, 2007, in Official Records Book 2776, Page 2170, as amended in Official Records Book 2868, Page 2716. 6. Terms, conditions, and provisions of Fort Pierce Utilities Authority Voluntary Removals of Meters, recorded in Official Records Book 2983, Page 879, Official Records Book 2983, Page 880, Official Records Book 2983, Page 881, Official Records Book 2983, Page 882, and Official Records Book 2983, Page 917. 7. Terms, conditions, and provisions of Road Impact Fee Credit Agreement Between St. Lucie County, Florida, and NNN/1031 No. 16 SR 70 Jenkins, LLC, in Consideration for the Dedication of Right-of-Way Along a Portion of Jenkins Road, recorded in Official Records Book 2912, Page 492. 8. Easement for municipal owned electric, water, sewer and natural gas utilities, in favar of the City of Fort Pierce recorded in Official Records Book 2959, Page 441. 9. Terms, conditions, and provisions of Water and Wastewater Supply Agreement, dated March 20, 2008, by and between Fort Pierce Utilities Authority, and NNN/1031 No. 16 SR 70 Jenkins, LLC, a Flarida limited liability coinpany, recorded April 1 l, 2008, in Official Records Book 2960, Page 2845. 10. Easement for ingress and egress, in favor of the North St. Lucie River Water Control District recorded May 30, 2008, in Official Records Book 2978, Page 1693. 11. Claims and/or liens relating back to the Notice of Commencement recorded February 14, 2008, in Official Records Book 2938, Page 996. 12. Claims and/or liens relating back to the Notice of Commencement recorded May 5, 2008, in Official Records Book 2969, Page 978. 13. Claims andlor liens relating back to the Notice of Commencement recorded August 1, 2008, in Official Records Book 3000, Page 2982. NOTE: All of the foregoing instruments recorded in the public records of St. Lucie County, Florida. Warranry Deed - Page 4 DoubleTime°