HomeMy WebLinkAbout2004-121Public Hearing (Third Reso.)
This document was prepared by
anj shoield he 10
tike cov,_ ply Ainorlr.'r r"is office,
1840 21ti,'.:rl &Daeh,
Florida 3`29
1583258
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1791 rPG:854, Pagel of 4
10/19/2004 at 10:48 AM,
RESOLUTION NO. 2004- 121 .JEFFREY K BARTON, CLERK OF
COURT
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL
ASSESSMENTS IN CONNECTION WITH WATER MAIN EXPANSION TO
GREENLEAF SUBDIVISION (55TH COURT SOUTH OF 13TH STREET) IN
INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR SPECIAL
ASSESSMENT LIENS TO BE MADE OF RECORD.
WHEREAS, the Board of County Commissioners of Indian River County ("Board") has,
by Resolution No. 2004-103, determined to make special assessments against certain
properties to be specially benefited and serviced by a water main extension ("Assessment
Project") into Greenleaf Subdivision (located on 55th Court south of 13th Street, SW) in Indian
River County, Florida; and
WHEREAS, Resolution No. 2004-103 described the method of assessing the cost of the
Assessment Project against the specially benefited properties in the Assessment Area and how
the special assessments imposed on the specially benefited properties in the Assessment Area
are to be paid; and
WHEREAS, Resolution No. 2004-103 was published in the Vero Beach Press Journal,
as required by Section 206.04, Indian River County Code; and
WHEREAS, Resolution No. 2004-104, adopted by the Board, set a time and place for a
public hearing at which the owners of the specially benefited properties in the Assessment
Area to be assessed for the Assessment Project and other interested persons would have the
chance to be heard as to any and all complaints as to the Assessment Project and the special
assessments imposed on the specially benefited properties in the Assessment Area, and for
the Board to act as required by.Section 206.07, Indian River County Code; and
WHEREAS, notice of the time and place of the public hearing was published in the
Press Journal Newspaper on Friday, September 24, 2004, on Friday, October 1, 2004, and
again to provide the correct meeting time on Monday, October 4, 2004 (at least twice one
week apart; the last being at least one week prior to the hearing), as required by Section
206.06, Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least ten days prior to the
hearing, as required by Section 206.06, Indian River County Code; and
WHEREAS, the Board, on Tuesday, October 12, 2004, at 6:05 p.m. (or as soon
thereafter as the public hearing was heard) conducted the public hearing with regard to the
special assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
F:\Attomey\Lea\Docs\reso\spec assess resos mef greenleaf dc.doc
RESOLUTION NO. 2004- 121
1. The foregoing recitals are affirmed and ratified in their entirety.
2. The special assessments imposed for the Assessment Project against the specially
benefited properties in the Assessment Area shown on the assessment roll attached hereto as
Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and
shall remain legal, valid, and binding first liens against the specially benefited properties shown
on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project
shall constitute a lien against the specially assessed property in the Assessment Area equal in
rank and dignity with the liens of all state, county, district or municipal taxes, and other non -ad
valorem assessments. Except as otherwise provided by law, such special assessment lien
shall be superior in dignity to all other liens, titles and claims, until paid. The special
assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and
recordation of this Resolution in the Official Records of the County maintained by the Clerk of
Indian River County. Such recordation shall constitute prima facie evidence of the validity of
the special assessments imposed for the Assessment Project in the Assessment Area.
3. The Board hereby finds and determines that the special assessments imposed in
accordance with this Resolution and Resolution No. 2004-103 provide an equitable method of
funding the construction of the Assessment Project by fairly and reasonably allocating the cost
to specially benefited property, based upon the square footage attributable to each parcel of
property in the manner described in Resolution No. 2004-103. The Board hereby finds and
determines that the properties assessed by this Resolution will receive special benefits equal to
or greater than the cost of the special assessment.
The resolution was moved for adoption by Commissioner Adams , and the
motion was seconded by Commissioner Lowther , and, upon being put to a vote, the
vote was as follows:
Chairman Caroline D. Ginn Aye
Vice Chairman Arthur R. Neuberger Aye
Commissioner Kenneth R. Macht Aye
Commissioner Fran B. Adams Ay @_
.Commissioner Thomas S. Lowther Aye
The::,6�61*96r thereupon declared the resolution duly passed and adopted this 12th day
of October, 2004
Attest J:K Baron,Clerk r
Depdty"G` x'40,0'
Apf)n,;
ormand;le�al suff' ' ncy:
By
Ma an E. tfell
Assistant County Attorney
Attachment: Exhibit "A" - Assessment Roll
(to be recorded on Public Records)
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA'
By:�.t�-C�t fi�Ls/, filo
Caroline D. Ginn, Ch firman
"'A
PRELIMINARY ASSESSMENT -GREENLEAF SUBDIVISION AUGUST 30, 2004
PARCEL # 33 39 28 00002 0000 00001.0 SQ. FT. 98,217 ASSESSMENT 7,500.00
OWNER LAUER, RAYMOND C & ANN M
1325 55TH CT SW
VERO BEACH, FL 32968
LEGAL GREENLEAF SUBDIVISION
LOT 1 PBI 11-39
PARCEL #
33 39 28 00002 0000 00002.0
SQ. FT. 98,217 ASSESSMENT 7,500.00
OWNER
FARIS, ELBERT A & ELIZABETH
D
1375 55TH CT SW
VERO BEACH, FL 32968
LEGAL
GREENLEAF SUBDIVISION
LOT 2 PBI 11-39
PARCEL #
33 39 28 00002 0000 00003.0
SQ. FT. 98,217 ASSESSMENT 7,500.00
OWNER
MAYS, DEAN & ALISON
1425 55TH CT SW
VERO BEACH, FL 32968
LEGAL
GREENLEAF SUBDIVISION
LOT 3 PBI 11-39
PARCEL #
33 39 28 00002 0000 00004.0
SQ. FT. 98,217 ASSESSMENT 7,500.00
OWNER
VOLSKY, ROBIN & SALMONS, MARY
1944 55TH AVE SE
VERO BEACH, FL 32962-7303
LEGAL
GREENLEAF SUBDIVISION
LOT 4 PBI 11-39
PROPERTY
1475 55TH CT SW VACANT
PARCEL # 33 39 28 00002 0000 00005.0 SQ. FT. 98,217 ASSESSMENT 7,500.00
OWNER THOMPSON, BRIAN A & ELENA ROSE
1320 55TH CT SW
VERO BEACH, FL 32968
LEGAL GREENLEAF SUBDIVISION
LOT 5 PBI 11-39
PARCEL # 33 39 28 00002 0000 00006.0 SQ. FT. 98,217 ASSESSMENT 7,500.00
OWNER KIEFER, MICHAEL E JR & LOUISALYNN B
1370 55TH CT SW
LEGAL VERO BEACH, FL 32968-5832
GREENLEAF SUBDIVISION
LOT 6 PBI 11-39
1
PARCEL # 33 39 28 00002 0000 00007.0 SQ. FT
OWNER BLARDINELLI, JEFF D & MARY JANE
1420 55TH CT SW
LEGAL VERO BEACH, FL 32968-5834
GREENLEAF SUBDIVISION
LOT 7 PBI 11-39
98,217 ASSESSMENT 7,500.00
PARCEL # 33 39 28 00002 0000 00008.0 SQ. FT. 98,217 ASSESSMENT 7,500.00
OWNER OGONOSKI, JOHN C & JENNIFER L
1470 55TH CT SW
VERO BEACH, FL 32968
LEGAL GREENLEAF SUBDIVISION
LOT 8 PBI 11-39
TOTAL ESTIMATED SQUARE FOOTAGE
TO BE ASSESSED
ESTIMATED PROJECT COST AND
AMOUNT TO BE ASSESSED
J.D.C. GREENLEAF SUBDIVISION
PRELIMINARY ASSESSMENT
AUGUST 30, 2004
2
785,736
$ 60,000.00
w