HomeMy WebLinkAbout2004-151 c10 OD
Public Hearing(Third Reso.) 1601541
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
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A ;v Bo9 'eRESOLUTION NO. 2004-151 COURT JEFFREY K BARTON,CLERK OF
M®Tida 32�W
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL
ASSESSMENTS IN CONNECTION WITH WATER MAIN EXPANSION TO
HAEGER HIGHLANDS SUBDIVISION (10TH AVENUE SOUTH OF 4TH
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. 2004-139 , determined to make special assessments against certain
properties to be specially benefited and serviced by a water main extension ("Assessment
Project") into Haeger Highlands Subdivision (located on 10th Avenue south of 4th Street) in
Indian River County, Florida; and
WHEREAS, Resolution No. 2004-139 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. 2004-139 was published in the Vero Beach Press Journal,
as required by Section 206.04, Indian River County Code; and
WHEREAS, Resolution No. 2004-140, 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, November 26, 2004, on Friday, December 2, 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, December 14, 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:
1. The foregoing recitals are affirmed and ratified in their entirety.
F:\attorney\lea\d0CS\reso\haeger highlands spec assess resos dc.doc
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RESOLUTION NO. 2004-151
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. 2004-139 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. 2004-139. 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 navi e and the
motion was seconded by Commissioner Bowden , and, upon being put to a vote, the
vote was as follows:
Chairman Arthur R. Neuberger qvp
Commissioner Sandra L. Bowden Aye
Commissioner Wesley S. Davis Aye
Commissioner Thomas S. Lowther
Aye
Comissioner-Gary C. Wheeler dye
m
The,Chairman thereupon declared the resolution duly passed and adopted this 14th day
•of December, 2004 ,2ty�} ;
BOARD OF COUNTY COMMISSIONERS
.
>r -�' (L i�''r� 1. .a s. . ` INDIAN RIVER C INTY, FLORIDA
o,4ttest: J. K. Barton, Clerk,"
By Arthur R. u rger, ai man
sir' a4j1` tyl Clerk,
ppr` eas f a su n
'< ria
ss' tant,County�4n?e�
.
`Attacfiment: �xhil it°A" Assessment Roll
(fp be recorded on Public Records)
.. 5
Y
tEXHIBIT "A"I.
PRELIMINARY ASSESSMENT -HAEGER HIGHLANDS SUBDIVISION NOVEMBER 1, 2004
PARCEL# 33 39 13 00011 0000 00002.0 SQ. FT. 43,560 ASSESSMENT 7,073.33
.OWNER BOUDROT, JOHN M & DONNA M
320 10TH AVE
VERO BEACH, FL 32962-2819
LEGAL HAEGER HIGHLANDS SUBDIVISION
LOT 2 PBI 9-11
PARCEL# 33 39 13 00011.0000 00003.0 SQ. FT. 43,560 . ASSESSMENT 7,073.33
OWNER MCANDREW, THOMAS W & CHARLOTTE L.
PO BOX 2223
VERO-BEACH, FL 32961-2223
LEGAL HAEGER HIGHLANDS SUBDIVISION
LOT 3 PBI 9-11 �t
PROPERTY 306 10TH AVE
PARCEL# 33 39 13 00011 0000 00004.0 SQ. FT. 43,560 ASSESSMENT 7,073.33
OWNER CAIRNS, DAVID A & EVELYN M
256 10TH AVE
VERO BEACH, FL 32962-2819
LEGAL HAEGER HIGHLANDS SUBDIVISION
LOT 4 PBI 9-11
PARCEL# 33 39 13 00011 0000 00007.0 SQ. FT. 43,560 ASSESSMENT 7,073.33
OWNER HEFFLEBOWER, DAVID L & BARBARA A.
255 10TH AVE
VERO BEACH, FL 32962-2820
LEGAL HAEGER HIGHLANDS SUBDIVISION
LOT 7 PBI 9-11
PARCEL# 33 39 13 00011 0000 00008.0 SQ. FT. 43,560 ASSESSMENT 7,073.33
OWNER LONG, DAVID A
305 10TH AVE
VERO BEACH, FL 32962-2840
LEGAL HAEGER HIGHLANDS SUBDIVISION '
LOT 8 PBI 9-11
PARCEL# 33 39 13 00011 0000 00009.0 SQ. FT. 43,560 ASSESSMENT 7,073.33
OWNER MCDONALD, TOMMY RAY & MARGARET ANN .
325 10TH AVE
LEGAL VERO BEACH, FL 32962-2840
HAEGER HIGHLANDS SUBDIVISION
LOT 9 PBI 9-11
TOTAL ESTIMATED SQUARE FOOTAGE 261,360
TO BE ASSESSED
ESTIMATED PROJECT COST AND
AMOUNT TO BE ASSESSED $ 42,440.00
Rounded
J.D.C. HAEGER HIGHLANDS
PRELIMINARY ASSESSMENT
NOVEMBER 1; 2004
2