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HomeMy WebLinkAbout2005-208 Fublic Hearing(Third Reso.) 1710170 6dD�;Rffi�rS TBB �. THIS DOCUMENT HAS BEEN RECORDED i0 TpTa? �'^ IN THE PUBLIC RECORDS OF d&l+ Sid"ra3 Ll.f YS� r.t v, A son %'�9 INDIAN RIVER COUNTY FL tiles LK: 1969 'PG:1821, Pagel of 6 12/09/2005 at 02:53 PM, Mari& RESOLUTION NO. 2005- 208 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 POINT-O-WOODS SUBDIVISION (ROBIN LANE) 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. 2005-184, determined to. make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") into Point-O-Woods Subdivision (471h Place, 48'h Place, and 48`h Street east of 43rd Avenue) in Indian River County, Florida; and WHEREAS, Resolution No. 2005-184 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. 2005-184 was published in the Vero Beach Press Journal, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2005-185, 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 11, 2005, and on Friday, November 18, 2005 (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 6, 2005, at 9:05 a.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: RESOLUTION NO. 2005- 208 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 1n.the Assessment Area. . 3. The Board hereby finds and determines that the special assessments imposed in accordance with this Resolution and Resolution No. 2005-184 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. 2005-184. 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 Neuberger and the motion was seconded by Commissioner Bowden , and, upon being put to a vote, the vote was as follows: Chairman Thomas S. Lowther" Aye Vice Chairman Arthur R. Neuberger Aye Commissioner Gary C. Wheeler Aye Commissioner Wesley S. Davis Aye Commissioner Sandra L. Bowden 7 Y� The Chairman thereupon declared the resolution duly passed and adopted this 6th day of December, 2005. BOARD OF COUNTY COMMISSIONERS IN � RIVER COUNTY, FLORIDA Attest: . K. Barton, Cler (� By: � By Thomas S. Lowther, Chairman Deputy Clerk ov form and le ie y: a ' n E. Assistant Countyorney Attachment: Exhibit "A" -Assessment Roll (to be recorded on Public Records) PRELIMINARY ASSESSMENT-POINT-O-WOODS SUBDIVISION October 21, 2005 PARCEL# 30 38 28 00001 0000 00002.0 SQ. FT. 21,780 ASSESSMENT 2,846.16 OWNER BURKHART, EDWARD W & JOANNE 803 ROBIN LN SEBASTIAN, FL 32958 LEGAL POINT-O-WOODS SUBDIVISION LOT 2 PBI 11-47 PARCEL# 30 38 28 00001 0000 00003.0 SQ. FT. 21,780 ASSESSMENT 2,846.16 OWNER BOTTORF, VICTORIA B (20%)& SAUTE, EMILY B (20%) BLESSING, H CARL (20%), MASTELLER, ELEANOR B (20%) RUBIN, LORRAINE B (20%) 1943 5TH CT SE VERO BEACH, FL 32962 LEGAL POINT-O-WOODS SUBDIVISION LOT 3 PBI 11-47 PROPERTY 809 ROBIN LN PARCEL# 30 38 28 00001 0000 00004.0 SQ. FT. 21,780 ASSESSMENT 2,846.16 OWNER BAUTE, EMILY B 815 ROBIN LN SEBASTIAN, FL 32958-4489 LEGAL POINT-O-WOODS SUBDIVISION LOT 4 PBI 11-47 PARCEL# 30 38 28 00001 0000 00005.0 SQ. FT. 21,780 ASSESSMENT 2,846.16 OWNER WHITE, DENNIS & BAUTE, BARBARA 821 ROBIN LN SEBASTIAN, FL 32958-4489 LEGAL POINT-O-WOODS SUBDIVISION LOT 5 PBI 11-47 PARCEL# 30 38 28 00001 0000 00006.0 SQ. FT. 21,780 ASSESSMENT 2,846.16 OWNER INGLIS, PATRICIA (TR) (TOK) FBO ALEXANDER INGLIS 827 ROBIN LN SEBASTIAN, FL 32958 LEGAL POINT-O-WOODS SUBDIVISION LOT 6 PBI 11-47 PARCEL# 30 38 28 00001 0000 00007.0 SQ. FT. 21,780 ASSESSMENT 2,846.16 OWNER HUMPHREY, DAVID & MEI 833 ROBIN LN SEBASTIAN, FL 32958-4489 LEGAL POINT-O-WOODS SUBDIVISION LOT 7 PBI 11-47 PARCEL# 30 38 28 00001 0000 00008.0 SQ. FT. 21,780 ASSESSMENT 2,846.16 OWNER RAY, WILLIAM E & MEREDITH R (EDDY) 28 BAYLAW N AVE WARWICK, RI 02888 LEGAL POINT-O-WOODS SUBDIVISION LOT 8 PBI 11-47 PROPERTY 839 ROBIN LN PARCEL# 30 38 28 00001 0000 00009.0 SQ. FT. 24,829 ASSESSMENT 3,244.59 OWNER NICOLAISEN, PETER JOHN & GAIL L ..9288 LAKE SERINA DR BOCA RATON, FL 33496 LEGAL POINT-O-WOODS SUBDIVISION LOT 9 PBI 11-47 PROPERTY 845 ROBIN LN VACANT PARCEL# 30 38 28 00001 0000 00010.0 SQ. FT. 41,382 ASSESSMENT 5,407.69 OWNER RUTLEDGE, NICHOLAS W JR & KAREN LYNNE 45 SUNSET DR SEBASTIAN, FL 32958 LEGAL POINT-O-WOODS SUBDIVISION LOT 10 PBI 11-47 PROPERTY 851 ROBIN LN VACANT PARCEL# 30 38 28 00001 0000 00011.0 SQ. FT. 35,719 ASSESSMENT 4,667.67 OWNER DEGAETANO, JOSEPH P & COLEMAN, MELVINA H 857 ROBIN LN SEBASTIAN, FL 32958-4489 LEGAL POINT-O-WOODS SUBDIVISION LOT 11 PBI 11-47 PARCEL# 30 38 28 00001 0000 00012.0 SQ. FT. 34,848 ASSESSMENT 4,553.85 OWNER STEWART, BONNIE B & MARTO, ROBERT T. 863 ROBIN LN SEBASTIAN, FL 32958 LEGAL POINT-O-WOODS SUBDIVISION LOT 12 PBI 11-47 2 PARCEL# 30 38 28 00001 0000 00013.0 SQ. FT. 43,560 ASSESSMENT 5,692.32 OWNER MASTELLER, EARL H & ELEANOR B 869 ROBIN LN SEBASTIAN, FL 32958-4489 LEGAL POINT-O-WOODS SUBDIVISION PBI 11-47 LOT 13 & LOT 14, LESS THE FOLL DESC PCL: BEGIN AT THE SE COR OF LOT 14,TH RUN S 84 DEG 13 MIN 38 SEC W ALONG THE N R/W OF ROBIN LN 13.67 FT TO A PT OF CURVE, TH CONT ALONG SAID RNV FOLL A CURVE TO THE LEFT, HAVING A DELTA OF 13 DEG 19 MIN 06 SEC,A RADIUS OF 135.00 FT AND AN ARC LENGTH OF 13.38 FT, TH RUN N 16 DEG 48 MIN 11 SEC VV,A DIST OF 40.47 FT,TH RUN N 12 DEG 56 MIN 37 SEC W,A DIST OF 138.61 FT TO THE NLY OF SAID LOT 14,TH RUN N 67 DEG 26 MIN 44 SEC E, A DIST OF 89.73 FT TO THE NE COR OF SAID LOT 14, TH RUN S 12 DEG 56 MIN 37 SEC E 277.75 FT BACK TO THE POB PARCEL# 30 38 28 00001 0000 00014.1 SQ. FT. 43,560 ASSESSMENT 5,692.32 OWNER JUTRAS, GEORGE A & LISA D. 881 ROBIN LN ..;SEBASTIAN, FL 32958-4489 LEGAL POINT-O-WOODS SUBDIVISION PBI 11-47 A POR OF LOT 14, BEING MORE PART DESC AS FOLL: 'BEGIN AT THE SE COR OF LOT 14, OF SAID POINT-O-WOODS SUB;TH RUN :S 84 DEG 13 MIN 38 SEC W ALONG THE N R/W OF ROBIN LANE 13.67 FT TO A PT OF CURVE;TH CONT ALONG SAID RNV FOLLOWING A CURVE TO THE LEFT, HAVING A DELTA OF 13 DEG 19 MIN 06 SEC,A RADIUS OF 135.00 FT,AND .AN ARC LENGTH OF 13.38 FT; TH RUN N 16 DEG 48 MIN 11 SEC W,A DIST OF 40.47 FT; TH RUN N 12 DEG 56 MIN 37 SEC W,A DIST OF 87.75 FT; TH RUN N 30 DEG 05 MIN 26 SEC W, A DIST OF 138.61 FT TO THE NLY LINE OF SAID LOT 14;TH RUN N 67 DEG 26 MIN 44 SEC E, A DIST OF'89.73 FT TO THE NE THOR OF SAID E POB AND AOLSO INC ALL OF LOTDE 5 56 MIN 37 SEC E277.75FTBACK TO PARCEL# 30 38 28 00001 0000 00016.0 SQ. FT. 29,185 ASSESSMENT 3,813.83 OWNER VETRO, STEVEN F & DIANTHA K. 889 ROBIN LN 32958 SEBASTIAN, FL ON LEGAL POINT-O-WOODS SUBDIPVI l 11-47 LOT 16 SQ. FT. 27,878 ASSESSMENT 3,643.03 PARCEL# 30 38 28 00001 0000 00017.0 OWNER DANN, ANNE WALSH 826 ROBIN LN 32858 SEBASTIAN, FL LEGAL POINT-O-WOODS SUBDIIVBIIS O 47 LOT 17 VACANT PROPERTY 832 ROBIN LN 3 PARCEL# 30 38 28 00001 0000 00018.0 SQ. FT. 30,056 ASSESSMENT 3,927.65 OWNER DANN, ANNE WALSH 826 ROBIN LN SEBASTIAN, FL 32958-4489 LEGAL POINT-O-WOODS SUBDIVISION LOT 18 PBI 11-47 PARCEL# 30 38 28 00001 0000 00019.0 SQ. FT. 31,799 ASSESSMENT 4,155.42 OWNER LINGARD, NORMAN K & MABEL 276 FAIR ST WARWICK, RI 02888 LEGAL POINT-O-WOODS SUBDIVISION LOT 19 PBI 11-47 PROPERTY 820 ROBIN LN PARCEL# 30 38 28 00001 0000 00020.0 SQ. FT. 26,572 ASSESSMENT 3,472.37 OWNER MELICK, NATALIE (TR)(TOK) 814 ROBIN LN SEBASTIAN, FL 32958-4489 LEGAL POINT-O-WOODS SUBDIVISION LOT 20 PBI 11-47 PARCEL# 30 38 28 00001 0000 00021.0 SQ. FT. 22,651 ASSESSMENT 2,959.98 OWNER RAY, IRVING W & NELLIE 808-ROBIN LN SEBASTIAN, FL 32958-4489 LEGAL POINT-O-WOODS SUBDIVISION LOT 21 PBI 11-47 TOTAL SQUARE FOOTAGE TO BE ASSESSED 566,279 TOTAL ESTIMATED PROJECT COST AND AMOUNT TO BE ASSESSED $ 74,000.00 ESTIMATED COST PER SQUARE FOOT$0.13067763416 ROUNDED $0.130678 4