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and should be returned to
the Coardy. Attorney's Office,
1840 25th St., Vero &&awb,
Florida 32960
RESOLUTION NO. 2004- 003
1507272
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1681 PG:305, Pagel of 5
01/12/2004 at 10:30 AM,
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
VAN BERGEN & HENDRY'S SUBDIVISION (77TH COURT AND 77TH
TERRACE SOUTH OF ROSELAND ROAD) 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. 2003-157, determined to make special assessments against certain
properties to be specially benefited and serviced by a water main extension ("Assessment
Project") into Van Bergen & Hendry's Subdivision (77th Court and 77th Avenue south of
Roseland Road) in Indian River County, Florida; and
WHEREAS, Resolution No. 2003-157 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. 2003-157 was published in the Vero Beach Press Journal,
as required by Section 206.04, Indian River County Code; and
WHEREAS, Resolution No. 2003-158, 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, December 5, 2003, and once again on Friday, December
12, 2003 (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, January 6, 2004, 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:\Attorney\Lea\docs\reso\van bergen & hendry subd spec assess water.doc
RESOLUTION NO. 2004- 003
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 are hereby confirmed and approved, and shall remain legal, valid, and binding
first liens against the specially benefited properties shown on 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. 2003-157 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 2003-157. 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 Macht , and, upon being put to a vote, the
vote was as follows:
Commissioner Caroline D. Ginn
Commissioner Arthur R. Neuberger
Commissioner Fran B. Adams
Commissioner Thomas S. Lowther
Commissioner Kenneth R. Macht
Aye
Aye
Ay e
Aye
Aye
The 'Chairrr'.an thereupon declared the resolution duly passed and adopted this 6th day
of January,'' 200'4.
Attachrlent:'ASSESSMENT ROLL
,-,!"(to ,be recorded.onPublicRecords)
fir'
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Caroline D. Ginn, Chairman
EXHIBIT A
PRELIMINARY ASSESSMENT -VAN BERGEN & HENDRY'S SUBDIVISION NOVEMBER 21, 2003
77TH COURT & 77TH TERRACE
PARCEL # 30 38 25 00003 0010 00004.0 SQ. FT.
OWNER NEFF, RANDALL J & TURNER, SANDRA L
7715 ROSELAND RD
SEBASTIAN, FL 32958
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK 1 LOTS 4 & 5 PBI 3-39
14,760 ASSESSMENT 2,972.83
PARCEL # 30 38 25 00003 0010 00006.0 SQ. FT.
OWNER OURS, ETHEL
13670 77TH CT
SEBASTIAN, FL 32958-3442
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK 1 LOT 6 & N 20 FT LT 7
PBI 3 - 39
8,100 ASSESSMENT 1,631.43
PARCEL # 30 38 25 00003 0010 00007.0 SQ. FT.
OWNER JAMAR, DAVID N & PATRICIA A
13650 77TH CT
SEBASTIAN, FL 32958-3442
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK 1 ALL LOT 8 & LOT 7, LESS N
20 FT OF LOTS 7, 9 10 & 11 AS DESC
IN OR BK 555 PP 538 PBI 3 - 39
17,648 ASSESSMENT 3,554.50
PARCEL # 30 38 25 00003 0020 00001.0 SQ. FT.
OWNER SMITH, CHARLES & CHRISTINE
7727 ROSELAND . RD
SEBASTIAN, FL 32958
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK 2 LOTS 1 & 2 & ELY 19 FT OF
LOT 3 PBI 3 - 39
17,712 ASSESSMENT 3,567.39
PARCEL # 30 38 25 00003 0020 00003.0 SQ. FT.
OWNER CHAPMAN, CARL CURTIS & EVA MARIE &
CHAPMAN, CLARENCE P
7745 ROSELAND RD
SEBASTIAN, FL 32958
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK 2 LOTS 3 LESS ELY 19 FT &
LOT 4 PBI 3 - 39
15,375 ASSESSMENT 3,096.69
1
PARCEL # 30 38 25 00003 0020 00005.0 SQ. FT.
OWNER JANSEN, TERRY L
13670 77TH TERR
LEGAL SEBASTIAN, FL 32958-3434
VAN BERGEN & HENDRY'S SUBDIVISION
BLK 2 LOT 5 & N 20 FT OF LOT 6
PROPERTY PBI 3 - 39
10,000 ASSESSMENT 2,014.11
PARCEL # 30 38 25 00003 0020 00006.0 SQ. FT.
OWNER MACLEOD, MARLENE
13650 77TH TERR
SEBASTIAN, FL 32958-3434
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK 2 S 40 FT OF LOT 6 & N 40 FT OF
LOT 7 PBI 3 - 39
10,000 ASSESSMENT 2,014.11
PARCEL # 30 38 25 00003 0020 00007.0 SQ. FT.
OWNER MACLEOD, MARLENE
13650 77TH TERR
SEBASTIAN, FL 32958-3434
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK 2 S 20 FT OF LOT 7 & LOT 8
PBI 3 - 39
9,966 ASSESSMENT 2,007.26
PARCEL # 30 38 25 00003 0020 00009.0 SQ. FT. 19,901 ASSESSMENT 4,008.28
OWNER MONTALTO, DOMINIC & HANNUM, RICHARD G
13655 77TH CT
SEBASTIAN, FL 32958-3442
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK 2 LOT 9, 10 & S 40 FT OF LOT 11
PBI 3 - 39
PARCEL # 30 38 25 00003 0020 00011.0 SQ. FT.
OWNER DESCHANE, ARTHUR & CANDACE
13675 77TH CT
LEGAL SEBASTIAN, FL 32958
VAN BERGEN & HENDRY'S SUBDIVISION
BLK 2 N 20 FT OF LOT 11 & LOT 12
PBI 3 - 39
10,000 ASSESSMENT 2,014.11
2
PARCEL # 30 38 25 00003 0030 00001.0 SQ. FT.
OWNER JUDAH, DOROTHY
PO BOX 780055
SEBASTIAN, FL 32978-0055
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK 3 LOT 1, LESS S 6 FT THEREOF
PROPERTY 13685 77TH TERR PB1 3 - 39
7,254 ASSESSMENT 1,461.04
PARCEL # 30 38 25 00003 0030 00001.1 SQ. FT. 3,078 ASSESSMENT 619.94
OWNER RILEY, CHARLES M & JOAN H
13665 77TH TERR
SEBASTIAN, FL 32958
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK3 S 6.0 FT OF LOT 1 &
E 22.0 FT OF LOT 2 PBI 3 - 39
PROPERTY 77TH TERR
PARCEL # 30 38 25 00003 0030 00009.0 SQ. FT.
OWNER CORCORAN, GEORGE T & MARY T
13645 77TH TERR
SEBASTIAN, FL 32958-3434
VAN BERGEN & HENDRY'S SUBDIVISION
LEGAL BLK 3 LOT 9 & S 30 FT OF LOT 10
PBI 3 - 39
11,230 ASSESSMENT 2,261.86
PARCEL # 30 38 25 00003 0030 00010.0 SQ. FT.
OWNER POPOW, NADIA
13655 77TH TERR
SEBASTIAN, FL 32958-3434
LEGAL VAN BERGEN & HENDRY'S SUBDIVISION
BLK 3 N 30 FT OF LOT 10 & LOT 11
PBI 3 - 39
11,250 ASSESSMENT 2,265.87
PARCEL # 30 38 25 00003 0030 00012.0 SQ. FT.
OWNER RILEY, CHARLES M & JOAN H
13665 77TH TERR
SEBASTIAN, FL 32958-3434 -
VAN BERGEN & HENDRY'S SUBDIVISION
LEGAL BLK 3 LOT 12 PBI 3 - 39
7,500 ASSESSMENT 1,510.58
11/21/2003
J.D.C.
TOTAL ESTIMATED SQUARE FOOTAGE 173,774
TO BE ASSESSED
TOTAL ESTIMATED AMOUNT TO BE'ASSESSED
ESTIMATED COST PER SQUARE FOOT $0.20141102811
ROUNDED $0.201411
PRELIMARY ASSESSMENT ROLL
3
'$ 35,000.00