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HomeMy WebLinkAbout08-278EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3270535 10/22/2008 at 12:00 PM OR BOOK 3026 PAGE 1790 -1795 Doc Type: RESO RECORDING: $52.50 RESOLUTION NO. 08-278 A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The attached WARRANTY DEED is duly accepted on behalf of 5t. Lucie County this 0 .,~ -~I 0 0 .,~ .,~ .~ Ear U .u 0 a .° O v 0 a 9th day of SEPTEMBER, 2008 and fully satisfies FM Millcreek Holding, LLC obligation to dedicate right-of-way pursuant to Section A of Resolution No. 08-148 recorded in Official Records Book 2987, Pages 1551-1558, St. Lucie County, Florida. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA C 9 rta-' r BY• ~~ '~sa~- ' ^~ ~/~ hairmdn - ~ ., ~ 1~ 5 f+ - '~1 '~' ~k.. rdk. Fk APPROVED AS TO FORM AND `' BY: G:\ACQ\WP\Right of Way Donations\Millcreek\Resolution No. 08-278.wpd RECORD AND RETURN TO: St. Lucie County, Office of the County Attorney, 2300 Virginia Avenue Ft. Pierce, Florida 34982 WARRANTYDEED ~ 2~v~ bv;~.ti~- THISDEF_I7signed this ~~ day of August, 2008 by and between FM MILhCREEK HOLDING, LLC, a Florida limited liability company, whose mailing address is 1682 W. Hibiscus Blvd.,+ Florida, 32901, (hereinafter referred to as "Grantor") and ST. LUCIE COUNTY, FLORIDA, a political subdivision in the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (hereinafter referred to as "Grantee"). WITNESSH1fI that the Grantor is conveying the properties described hereinbelow as required by subparagraph C(2)(b) of Resolution No. 06-156 as recorded in Official Records Book 2676, Page 1769-1784, inclusive, Public Records of St. Lucie County, Florida and Section A of Resolution No. 08-148, as recorded in Official Records Book 2987, Page 1551, Public Records of St. Lucie County, Florida, respectively. In that regard, and by acceptance of this Deed, Grantee hereby acknowledges and agrees that even though Grantor is conveying an easement interest hi the property described in Exhibit "B" to Grantee, the property described in Exhibit "B" will continue to be credited to satisfy open space and preservation requirements as noted in the approved Site Plan as described in Section C of the Resolution No. 06-156 as recorded in Official Records Book 2676, Page 1769-1784, Public Records of St. Lucie County. FURTHER, WITNESSETHthat the Grantor, for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to Grantee, and Grantee's successors and assigns, all Grantors interest in the property located in St. Lucie County, Florida, being more particularly described on the attached Exhibit "A" and does hereby grant anon-exclusive easement for ingress and egress, over across and under the property for the purposes of right-of-away, drainage and public utilities, as permitted by Grantee, and as more particularly described on the attached Exhibit "B". TOGETHER WTIH all appurtenances, privileges, rights, interest, dower, reversions, remainders and easements thereunto appertaining. Grantor fully warrants and will defend the title to the Property against the lawful claims of all persons whomsoever. SUBJECT TO covenants, restrictions and easements of record, the Site Plan, and matters set forth on any recorded plats and taxes accruing subsequent to December 31, 2008. IN WITNESS WHF_I2EOF, the said Grantor has caused this instrument to be executed in its name by its Member the day and year first above written. Signed, sealed and delivered GRANTOR: FM MILLCREEK HOLDING, LLC, In the presence of: a Florida limited liability company; by FM Florida Land Company LLC, a Delaware limited liability company, its Sole Member; by Forte Macaulay Develo Consultants, Inc., a Florida corporation, it a ' g Mem er By. 'Timothy u , Vi President STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this~~ day of August, 2008 by Timothy C. Jelus, Vice President of Forte Macaulay Development Consultants, Inc., a Florida corporation, the Manager of FM Florida Land Company LLC, a Delaware limited liability company, the Sole;~.~Iember of FM Millcreek Holding, LLC, a Florida limited liability company, on behalf of ; d comp~ny. He ' ?pers~~nally known to me. ,~,~ 4.Qll~t r1t - (NOTARIALSEAL) Name NANDRA R. RAMN NE Notary " blic, State of Florida ~p ce __~ ~ ~ L7481} I ~l] s~~~c~ o~ ~~~AL (NOT A SURVEY) EXHIBIT A LZ N. 45iM STREET WEST LINE SE 1/4, NW 1/4, NE t/4, SECTION 7-35-40 w z N m m nm~ n~D _~ _ ~ O\ r ~ ~t O = Z Z 0 Z ,~, m l /1 m _vZm r^ ~Z I x w m Z ~~m Z u+~:U a ~ a~ A x 0 D ~_ - O" O r Z p ~ Z D v ''' ~ m rn OOm ~ r ° m~ m ~ r` I ~ W _ Z ~m L7 ° m N\ O A ~ T m Z~Z Q ~ I ~ 2 lD/1 I r m C I N. 44TH STREET ~ m m x~° 'C = ~' D 50.0' EAST LINE SE 1/4, mpmrci 90' NW 1/4, NE 1/4, ~ ~ O ~~ SECTION 7-35-4D ~ m 't - NZ?- r t,t m OZ Z a ° ~ pp ~' ~ Z O rnZ0 ~ ~\,p r=AA a 07p OOm Am A V ~ 2-r- r0O nmw m O ~ , a ° A cn~~ z~~ ~ m m ~ N m ~ m ~ ~ m p I m ~ W° W N ~~~ ° 'z W , \ , o W O ? ~'~\ ~ N. 43 RD STREET r to Z SUBJECT PROPERTY ° 1.071 ACRES w S M N E LINE TA BLE LINE LENGTH BEARING L1 60.00' S 00'07'59" E L2 10.00' N 00°09'51" E L3 666.63' N 89'44'06" E L4 50.00' N 00'00'56" E L5 666.50' N 89'44'06" E O B °- P . . . NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE ~ NORTHEAST 1/4 OF THE 6Q,Q 90' NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, _ RANGE 40 EAST, _ EAST LINE SW 1/4, ~~ SAINT LUCIE COUNTY, FLORIDA NE 1/4, NE 1/4, SECTION 7-35-40 MARIAN CIRCLE NOT PLATTED 60' RIGHT-OF-WAY ~~. DRAWING, NO' AO~=(?47,A 2 DRAWING NAME: SK-ROW.DWG SHEET 1 OF 2 SCALE: 1 ~Q ~~n~c~ ~Y.,7~p.,G. CHD.BY: J.M.M. PROJECT 208-0155 # THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- z ' r `~ I y A, ~s.)r`Vf~~iti '~, Mrt~~~TS ' '' 07-29-08 TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED p ~--d'- - P~~ `~'' ' ~ ~ 07-30-08 SURVEYOR EMPLOYED BY THIS FIRM. ~ Rx;CO ~i~1TdS -~ ~, ~; 1 _REVI s D, w ~ -.~. N ~d ~ Yy.~~R~ ~`, ~~~ C. t~ CERTIFIED T0: ag;;;c, `` -~y : ' ~~iF'~ca~ioN FM MILLCREEK HOLDING, LLC o,.~ t REBY LERTIFY~Th~i~*?~y*l~15 SKET~k'+1 5 DE UNDER MY RESPONSIBLE CHARGE AND r 1L 57 D 5 SET FORTH BY THE FLORIDA BOARD OF M TE~kiN} N IMU C6, M ETS THE MI ~~ P E. RI ~S A_ t.o,NO SURVr'Yb, ' „t T ~ _ 6 iG t 7-6, FLORIDA ADMINISTRATIVE CODE, STATUTES RVEYING INC ~ MOTT AND S \ WILLIA cTlonA , ro s u. ~~: . . ` j~ M N M I I ~~~~/~ __ =` J i~' ~ JONATHAN M. MOTT, P.L.S. c L YM 3716 NORTH WICKHAM RDAD, SUITE 3 SIGNING DATE: 'W'`07/2;5`/08 FLA. CERT. N0.5060 MELBOURNE, FLORIDA, 32935-2338 PHONE (321) 751-4444 LICENSED BUSINESS "3608" SKETCH OF LAG ~L (NOT A SURVEY) LEGAL DESCRIPTION: (BYSURVEYOR) A portion of lands described in O.R. Book 2483, Page 1551, ofthe Public Records of St. Lucie County, Fbrida, lying in the Southwest 1/4 of the Northeast 114 of the Northeast 1/4 and the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 35 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Beginning at the Northeast comer of said Southwest 1/4 of the Northeast 1/4 of the Northeast1/4, said point being the POINT-OF-BEGINNING; thence South 00°OT59"East along the East line of said Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4, a distance of 60.00 Feet; thence South 89°44'06" West parallel to and 60.00 Feet (by perpendicularmeasurement)fromthe North lineofsaid Southwest1/4oftheNortheast 114 ofthe Northeast)/4 and the Southeast 1/4of the Northwest 1/4of the Northeast 1/4, a distance of 1,333.31 Feet to a point on the West line of said Southeast 1/4 of the Northwest 114 of the Northeast 1/4; thence North 00°09'51" East along said West line, a distance of 10.00 Feet; thence North 89°44'06" East parallel to and 50.00 Feet (by perpendicular measurement) from the North line of said Southeast 1/4, a distance of 666.63 Feetto a point on the East line of said Southeast 1/4 of the Northwest 1/4 of the Northeast1/4; thence North 00°00'56" Eastabng said East line, a distance of50.00 Feet to a point on the North line of said Southwest 114 ofthe Northeast 1/4 of the Northeast 1/4; thence North 89°44'06" Eastalong said North line, a distance of 666.50 Feetto the POINT-OF-BEGINNING. Containing 1.07 Acres of land more or less. )RAWING N0: A08-0478 DRAWING NAME: SK-ROW.DWG SHEET 2 OF 2 SCALE: 1 ~~=200' DWN.BY: D.D.G. CHD.BY: J.M.M. PROJECT 208-O15S THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- z A. "REVISED" PER COMMENTS 07-29-08 SIOERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED O_ SURVEYOR EMPLOYED BY THIS FIRM. ~ B. G CERTIFIED T0: SEE SHEET 1 FOR SURVEYOR'S CERTIFICATION. NOT VALID WITHOUT SHEET 1 FM MILLCREEK HOLDING, LLC WILLIAM MOTT LAND SURVEYING INC. EtAYMEADOWS COMMERCIAL CENTER 3716 NORTH WICKHAM ROAD, SUITE 3 MELBOURNE, FLORIDA, 32935-2338 PHONE (321) 751-4444 LICENSED BUSINESS "3608" S~~rI'CI~ OF LEGAL (NOT A SURVEY) L4 ~. <STM s,~EE, _ EXHIBIT B WEST LINE SE 1 /4, NW 1/4, NE 1/4, SECTION 7-35-40 N z z O m0 W m nm~ ~~ o\= r ~ o= z Z 0 ZA' m t /1 _~mm I vO= m W ~~m z O .ri~A c I = I \ ~ ~'P A \_ti- p- O A 2 Or ~ A ~ r D Z D m m m i - p O m o mom D Dmm m ~ ~ z UI ~ Z C O`~O m w~ -i A O om O D 2~Z D D=~ rmC SUBJECT PROPERTY z T m N. 44TH STREE ~ o 0.31 t ACRES m ~ 600, = A D EAST LINE SE 1 /4, 90. ~ ~ m NW 1/4, NE 1/4, ~-+O SECTION 7-35-40 ° rn '~ ~ r oZ?- ~m m Z ~ O ~ cD 70.0' mZ o ~ ~'P A 90' ~ y =-~- A ° n ~ Z ~ - m C _ rn m ~ v o I m ~ ~, ~ c I\~ o A A \ o- A r O z N. 43 RD STREET Ao -~ nm OOm m O to ~~n _ ' z u p m m m O -~ w o ~- Z D ti H m_ P.O.C. w S M N E LINE TABLE LINE LENGTH BEARING L1 60.00' S 00'07'59" E L2 10.00' S 00'07'59" E L3 1333.36' S 89'44'06" W L4 10.00' N 00'09'51" E L5 1333.31' N 89'44'06" E NORTHEAST CORNER OF THE 90• SOUTHWEST t/4 OF THE EAST'LINE SW 1/4, 60,0 NORTHEAST 1/4 OF THE NE 1/4, NE 1/4, NORTHEAST t/4 OF SECTION 7-35-40~ L2 - SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, L1 SAINT LUCIE COUNTY, P.O.B. FLORIDA MARIAH CIRCLE 60' RIGHT-OF-WAY NOT PLATTED )RAWING N0: A08-049A DRAWING.. NAME: SK-UTIL.DWG SHEET 1 OF 2 SCALE. 1"=200' DW:dJ BY~L.f).G. 'AHD BY J'. M. M. PROJECT 20$-0155 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- e ~ TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- z A. REVISED ~'PE~ ~O.fy1M1'~(\~~'' 07-29-08 SIDERED VALID, MUST BE EMBOSSED WITH 7HE SEAL OF A REGISTERED O '~ v~ -- SURVEYOR EMPLOYED BY THIS FIRM. .~~ ~P. ~~"~ ~~. ~ - ~ CERTIFIED T0: rCERT~FICAT~~~I~1 FM MILLCREEK HOLDING, LLC ~ ~ t.. ~_ ~ f - .r HEREBY CERTIFY THAT 7Hl SK TCH' w~A~.Si'.~toaiDE'UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TEGf+'A[f L °~~:N f ,AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAh ~SUR F F{ N' A ER 6iG17-6, FLORIDA ADMINISTRATIVE CODE, `_~` WILLIAM MOTT LAND SURVEYING INC. PURSUA TO SECT N,. 7 ~ 2 ~F f E FL{?RIDA STATUTES. ~l ~~~ JONATHAN M. MOTT, P.L.S. BAYMEADOWS COMMERCIAL CENTER i' ,. ~ ' 3776 NORTH WICKHAM ROAD, SUITE 3 --____~ MELBOURNE, FLORIDA, 32935-2338 SIGNING DAT 07 25 08 ~ ~<,„,: FLA. CERT. N0.5060 PHONE (327) 751-aaaa LICENSED B1161NE55 "3608" SKETCH OF LEGaL (NOT A SURVEY) LEGAL DESCRIPTION: (BYSURVEYOR) A portion of lands described in O.R. Book 2483, Page 1551, of the Public Records of St. Lucie County, Florida, lying in the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 and the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 35 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Commence atthe Northeastcorner ofsaid Southwest 1/4 of the Northeast 1/4of the Northeast1/4; thence South 00°OT59" Eastalong the East line ofsaid Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4, a distance of 60.00 Feet to the POINT-OF- BEGINNING; thence continue South 00°07'59" East along said line, a distance of 10.00 Feet; thence South 89°44'06" Westparallel to and 70.00 Feet(by perpendicular measurement) from the North line of said Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 and the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4, a distance of 1,333.36 Feet ~ a point on the West line of said Southeast 1/4 of the Northwest1/4 of the Northeast1/4; thence North 00°09'51" EastalongsaidWestline, a distance of 10.00 Feet; thence North 89°44'06" East parallel to and 60.00 Feet (by perpendicularmeasurement) from the North line of said Southeast 1/4, a distance of 1,333.31 Feet to the POINT-OF-BEGINNING. Containing 0.31 Acres of land more or less. DRAWING N0: A08-0498 (DRAWING NAME: SK-UTIL.DWG I SHEET 2 OF 2 ' SCALE: 1 "=200' DWN.BY: D.D.G. CHD.BY: J.M.M. PROJECT 208-0155 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- z A. 'REVISED" PER COMMENTS 07-29-08 SIDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED p SURVEYOR EMPLOYED BY THIS FIRM. N B. C CERTIFIED T0: SEE SHEET 1 FOR SURVEYOR'S CERTIFICATION. NOT VALID WITHOUT SHEET 1 FM MILLCREEK HOLDING, LLC WILLIAM MOTT LAND SURVEYING INC. BAYMEADOwS COMMERCIAL CENTER 3776 NORTH WICKHAM ROAD, SUITE 3 MELBOURNE, FLORIDA, 32935-2336 PHONE (321) 751-4444 uCENBEO BUSINESS '3608'