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HomeMy WebLinkAbout22-021 RESOLUTION NO. 2022-21 A RESOLUTION ACCEPTING A WARRANTY DEED FOR 60' OF RIGHT-OF-WAY ON PULITZER ROAD ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida,that: The foregoing Warranty Deed from Justin M. Allen and Cheryl L. Allen is duly accepted on behalf of St. Lucie County this 15'h day of February, 2022. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA el f .S-4) 4rf BY: Deputy Clerk G �A� Chair 4 it%k %NixFe APPROVED AS TO FORM AND CORRECTNESS: BY: WiffirN. County Attorney L l . ELECTRONICALLY RECORDED: Michelle R. Miller,Clerk of the Circuit Court- SLC File# 5012420 OR Book 4794 Page 2502 Recorded 03/22/2022 09:43:01 AM Prepared by and return to: Doc Tax: $109.90 Frank H Fee,III Attorney at Law Fee&Fee,PLLC 426 Avenue A Fort Pierce,FL 34950 772-461-5020 File Number: COUNTY ALLEN Will Call No.: [Space Above This Line For Recording Data]__ Warranty Deed This Warranty Deed made this 11 day of 'tlu`—" , 2022, between Justin M. Allen and Cheryl L. Allen, husband and wife whose post office address is 105 NW Swann Mill Circle,Port Saint Lucie, FL 34986, grantor, and St. Lucie County,a political subdivision of the State of Florida whose post office address is 2300 Virginia Avenue, Fort Pierce,FL 34982,grantee: (Whenever 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,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 Saint Lucie County,Florida to-wit: See Exhibit"A" Parcel Identification Number:2317-333-0000-000/2 SUBJECT TO restrictions, reservations, limitations, and easements of record, if any; this reference to said restrictions shall not operate to reimpose the same, and taxes for the current and subsquent years. 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 whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to . In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimea Signed,sealed and delivered in our presence:V(31b4--(2" dtillii"1111116'fitede (Seal) Witness Name: u S L, o on '. .Allen fitness N e: C11/ (Seal) Witness Name: ___ese, o" Cheryl L.Allen es am : State of Florida County of Saint Lucie • Tie foregoing instrument was Acknowledged before me by means of[X] physical presence or [j online notarization, this f i day of '7714,4_d— 2,624- by Justin M. Allen and Cheryl L. Allen, who L] are personally known or [X]have produced a driver's license as identification.[Notary Seal] f.. USA L.BOLTON Notary Public l Commission/NH 050802 • Expires November 3,2024 Printed Name: 4. Banded no hot Fain Insurance 8004/5k1011 My Commission Expires: Warranty Deed-Page 2 DoubleTimoo EXHIBIT "A" ROAD RIGHT-OF-WAY DONATION TO ST. LUCIE COUNTY GOVERNMENT A STRIP OF LAND 60.00 (SIXTY) FEET IN WIDTH FOR ROAD RIGHT-OF-WAY DONATION PURPOSES OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH 1/2 OF SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THE WEST 44 FEET THEREOF, AS 7' RECORDED IN THE OFFICIAL PUBLIC RECORDS 4591, PAGE 589, ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. 71 SAID STRIP OF LAND 60.00 (SIXTY) FEET IN WIDTH BEING 44.00 (FORTY-FOUR) FEET TO i' THE RIGHT LYING EASTERLY OF ALONG, CONTIGUOUS AND PARALLEL WITH AND AS Q, MEASURED AT RIGHT ANGLE TO THE WEST LINE OF SOUTHWEST QUARTER OF SAID SECTION 17. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q THAT PART OF THE WEST 104 (ONE HUNDRED AND FOUR) FEET OF THE SOUTH 1/2 OF ' THE SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST. a LESS AND EXCEPT THE WEST 44 (FOURTY-FOUR) FEET THEREOF. C' iy1 s THE ABOVE-DESCRIBED PARCEL CONTAINS 0.91 ACRES OR 39,680.838 SQUARE FEET MORE OR LESS. 1 H L I } W (n f I O NI Li W up �1 PROJECT:ALLEN LOT THIS IS NOTASURVEY ' BOARD OF COUNTY COMMISSIONERS SKETCH -m SECTION 17 ®��, .1 'i� y SPLIT.60 FEET ST.LUCIE COUNTY,FLORIDA I �,�i, O 2i RIGHT-OF-WAY TOWNSHIP 35 SOUTH PUBLIC WORKS DEPARTMENT,ENGINEERING DIVISION ns T z RANGE 39 EAST .-?l` 1.112_ Cl�l`' . r,e Z DEDICATION ST.LUCIE COUNTY, SURVEY SECTION _,�J I , 2300 VIRGINIA AVE.,FORT PIERCE,FLORIOA,34982 v u a u FLORIDA TELEPHONE 772-082-1721 • SKETCH OF DESCRIPTION — I I I SCHIRARD ESTATES SUBDIVISION I f F W}CORNER OF ��» ' LOT 5 P.B.50, PG. 17 ASECTION 17.TWP.35 f �E__{_ S..RGE,39 E. OUTH BOUNDARY UNE Of N NO CORNER SET OR 6' 46' ---i0' SCHIRARD ESTATES SUBDIVISION, PHASE 2. FOUND.FALLS INTO i __ `� IL \PER P.8.50,PG. 17 4 DRAINAGE CANAL ----"--It p C.C.R.8102518 I N-lORTH LINE OF Si OF SWI OF SW} 0 ` 100 200 OF SECTION 17, TWP.35S.,RGE.39E. I— I Feet I I 135' WIDE DRAINAGE AND UTILITY EASEMENT PER P.B.50, PG. 17 INTENDED DISPLAY *-44• —44•--iik—eo/— SCALE: 1"=100' NW CORNER OFS1/2OF I SURVEYOR'S NOTES SW 1/4 OF SW 1/4 OF I I.This legal description and sketch is not valid without the original signature and SECTION 17.* f seal of a Florida licensed surveyor and mapper,except those with electronic — TWP.35 S.,RGE.39 E.I I I signature and electronic seal. i 2.This description sketch is not valid unless accompanied by a legal description. S d' 1 f LIJ I N 0 1 04 3.Basis of bearings is assumed referenced to the west line of SW}of Section 17, \ Twp.35S.,Rge.39E.being S00°32'35"E. Z O 00£ J 1 . E 4.Reference information taken from St.Lucie County Property Appraiser. in Z r— < 0 N > 0 l wZf k. — Z0 I o" r I OWNER: JUSTIN M ALLEN (Is1 n1 PARCEL ID.:2317-333-0000-000-2 D a * fir to * SITE O.R.B.4591, PAGE 589 I I-- ^ —I N : " I AREA: 19.68 ACRES s cn zo I o f 0 . I �W 'o m S2OFSW4OFSW -1 i Q I OF SECTION 17, F TWP.35 S., RGE. 39 E. < LEGEND / ABBREVIATIONS a 8 I z C.C.R. CERTIFIED CORNER RECORD N 8 CERTIFICATION ID. IDENTIFICATION f< U F I I HEREBY CERTIFY that the description of the property shown R PROPERTY UNE I t� hereon was completed by the undersigned surveyor and That said —E— EASEMENT U I < description is true and correct to the best of my knowledge and belief. —W— DRAINAGE EASEMENT t o f< o TB. PLAT BOOK w l FURTHER CERTIFY that this description and sketch was made andcr * P.G. PAGE I w gyp, U 0 � my responsible charge and meets the applicable Standards of Practice O.R.B. OFFICIAL RECORDS BOOK > ^h E tt Q I for a description and sketch as tel forth by the Florida Board of N.S.L.R.C.D.NORTH ST. LUCIE RIVER O w Professional Surveyors and Mappers in SI-17.(050-.053),Florida WATER CONTROL DISTRICT I tr I w cc I j Administrative Codes,pursuant to Section 472.027,Florida State TWP. TOWNSHIP W Statutes. RGE. RANGE i t~il Z 3 F I No search of the public records has been made by this office. re I-h 1_ J 1 f- DATE OF SIGNATURE:6 JANUARY.2022.'�� N :� a < Alexey Gilev 7 - 44 Q0' PER / 7 ALEXEY GILEV -•�^' TAX ASSESSMENT MAP T PROFESSIONAL SURVEYOR AND MAPPER I04 I FLORIDA CERTIFICATE NO.LS7079 1,8 17-i � J SOUTH UNE OF Si OF SW1/4 OF SW } OF SECTION 17 — — N / TWP. 35 S., RGE. 39 E.— It p H OWNEFJ: N.S.L.R.W.C.D. PARCEL ID.:2320-211-0002-000-1 �-- swcoRNER I (2 , R/N�PER X,B.4 PG. �6L I OF 1 I �—w w—w—w �/ w—w SECTION 17.TWP.35 S.,RGE.39 E. IQl LOT 2 NO CORNER SET Oil O BLOCK 2 FOUND,FALLS INTO DRAINAGE CANAL OC.R.N102519 CC MCNURLEN FARMS SUBDIVISION INI - P.B.4' PG. 56 I 25 00' PFR P R 4, PG 55 I I ,---, PROJECT:ALLEN LOT THIS IS NOT A SURVEY BOARD OF COUNTY COMMISSIONERS '/'�11111a YIS SPLIT.60 FEET ROAD SECTION 17 ST.LUCIE COUNTY.FLORIDA ra C 2rill=^7I T. p R DONATION. TOWNSHIP 35 SOUTH PUBLIC WORKS DEPARTMENT.ENGINEERING DIVISION `r'r' I NJ Z RANGE 39 EASTSECTION t:LLI� -- O 5T.LUCIE COUNTY, SURVEY S (� ,•' w. FLORIDA 2300 VIRGINIA AVE.,FORT PIERCE,FLORIDA,34982 n 4'16RT is `--,l TELEPHONE 772482.1721 S\tSG\6 SAMA\I-7071 LRV[K\115_1,30\1!\Akn to:PO 60 ROM W4n'on\01-ra194/duA_M.,,RA soM*1 / I ELECTRONICALLY RECORDED: Michelle R. Miller, Clerk of the Circuit Court- SLC File# 5051776 OR Book 4838 Page 1683 Recorded 06/07/2022 11:17:19 AM Prepared by and return to: FRANK II. FEE,IQ,ESQ. Fee,Yates,&Fee, PLLC 426 Avenue A Fort Pierce,FL 34950 (772)461-5020 File Number:COUNTY/ALLEN AFFIDAVIT STATE OF FLORIDA COUNTY OF ST.LUCIE BEFORE ME, the undersigned authority, authorized to administer oaths, personally appeared ALEXEY GILEV,to me well known or having produced satisfactory identification,who being by me first duly sworn says: 1. The Affiant is over 18 years of age at the time of making this affidavit. 2. My name is ALEXEY GILEV; and I am a Professional Surveyor and Mapper ("PSM"),and County Surveyor,in the Public Works and Engineering Division of St. Lucie County,Florida. 3. In my capacity as PSM,I caused to be prepared a survey of lands to be conveyed as a right-of-way to St.Lucie County,which survey of the lands described is as more fully shown on Composite Exhibit"A",hereto in two(2)pages. 4. The attached exhibit also appears as an attachment to that certain Warranty Deed of conveyance given by JUSTIN M.ALLEN and CHERYL L. ALLEN,husband and wife,to St. Lucie County dated March 11,2022;recorded in Official Records Book 4794,at Page 2502,St.Lucie County,Florida. 5. The sketch of description is correct in that it refers to land lying and being in the SW 1/4 OF THE SW 1/4 OF SECTION 17, T 35 S, R 39 E; the written description however,contains a single scrivener's error in that it erroneously refers to lands situated and being in the SW 1/4 of the"NW" 1/4 of SECTION 17. 6. Because of the recited error,the Deed constitutes an"Erroneous Deed"as defined in F.S. §689.041,and the failure to recite the property as correctly lying in the SW OF THE SW of the aforesaid Section 17, counts as a single "Scrivener's Error" as defined in the statute aforesaid. 7. This curative affidavit is made and given to cure the recorded description to include the "SE 1/4 of the SE 1/4" and to exclude "SE 1/4 OF THE NW 1/4" in the Warranty Deed to St.Lucie County,recorded at Official Records Book 4794,Page 2502,and this correction relates solely to the Exhibit"A"typed legal description of 5-557969.WPD r1� the road right-of-way donated to St.Lucie County,as specifically appears in Official Records Book 4794,at page 2504. FURTHER AFFIANT SAYS NOTHING. 1 �PiV ALEXEY GILEV,PSM,County Surveyor Public Works and Employment Division St.Lucie County,Florida STATE OF FLORIDA COUNTY OF ST.LUCIE THE FORE GOING INSTRUMENT was acknowledged before me by®physical presence, or by 0 online notarization before me, ALEXEY GILEV, personally appeared, who is 121` personally known to me or, 0 who has provided as identification SIGNATURE OF NOTA WY PUBLIC KO yin C drieLi PRINTED NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: Notary lab*" a Flaws ab* %XiMyKayla l Coe GO 914924 Expires 10M312023 5-557969.WPD