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RESOLUTION NO. 96- 126 <br />A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING <br />RESOLUTION NO. 95-103, WHICH PREVIOUSLY APPROVED AND <br />CONFIRMED A SPECIAL ASSESSMENT PROJECT FOR THE PAVING AND <br />DRAINAGE OF WILLOW STREET FROM CR 512 SOUTH TO 77TH <br />STREET, AND RELEASING ALL LIENS. <br />WHEREAS, on Tuesday, September 12, 1995, the Board of County <br />Commissioners adopted Resolution No. 95-103 that confirmed a special <br />assessment for the paving and drainage of Willow Street from CR 512 south to <br />77th Street; and <br />WHEREAS, after said resolution was passed, the accompanying assessment. <br />roll was indexed and recorded in the public records of Indian River County; <br />and <br />WHEREAS, a lawsuit was then filed against Indian River County by an <br />affected property owner; and <br />WHEREAS, this lawsuit may delay the improvements from commencing for a <br />considerable period of time; and <br />WHEREAS, the County and the property owners in the area are anxious to <br />proceed with the construction work on Willow Street; therefore, the Board of <br />County Commissioners at its meeting September 24, 1996, approved a settlement <br />of the lawsuit; and <br />�,. <br />WHEREAS, as part of the settlement, it was agreed that the County's <br />existing special assessment program will be withdrawn, all existing liens <br />will be released, and any escrowed funds will be returned; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, as follows: <br />1. The special assessments shown on the attached assessment roll are <br />repealed, all liens related thereto are released, and any escrowed funds <br />shall be returned. <br />2. The County will record this resolution, which describes the properties <br />that were assessed, the amounts of the special assessments, and the <br />property owners affected by the assessment on the public records, which <br />shall constitute a full release of all property owners. <br />The resolution was moved for adoption by Commissioner Eggert , and <br />the motion was seconded by Commissioner T i p p i n , and, upon being put to a <br />vote, the vote was as follows: <br />Chairman Fran B. Adams Aye <br />Vice Chairman Carolyn K. Eggert Aye <br />Commissioner Richard N. Bird Aye <br />Commissioner Kenneth R. Macht Aye <br />Commissioner John W. Tippin Aye <br />The Chairman thereupon declared the resolution duly passed and adopted <br />this_8 day of October , 1996. <br />At <br />Jeffre rton, Clerk ----) <br />Attachment: PREVIOUSLY RECORDED ASSESSMENT ROLL <br />(to be re-recorded on Public Records <br />thereby releasing all liens) <br />OCTOBER 8, 1996 <br />27 <br />BOARD OF COUNTY COMMISSIONERS <br />INDIAN'RIVER COUNTY, FLORIDA <br />By <br />Fran B. Adams <br />Chairman <br />mdan Rnr Co Aooroved Date <br />Admin <br />Legal T <br />Budget <br />Dept f- <br />Rfsk Mgr. <br />4 � <br />BOOK 99 FAU <br />