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Home My WebLink About2003-025 Public Hearing(Third Reso.) 1/03 reso\whi / ( ppoorwill)Ck i RESOLUTION NO. 2003- 025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN EXPANSION TO WHIPPOORWILL ESTATES SUBDIVISION, LOCATED ON 62ND COURT SOUTH OF 45TH 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. 2003-014, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project') into the Whippoorwill Estates Subdivision (located on 62nd Court south of 45th Street) in Indian River County, Florida; and WHEREAS, Resolution No. 2003-014 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. 2003-014 was published in the Vero Beach Press Journal, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2003-015, 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, February 7, 2003, and once again on Friday, February 14, 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, March 4, 2003, conducted the public hearing with regard to the special assessments; ATTACHMENT 1 S f RESOLUTION NO. 2003- 025 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. 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. 2003-014 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 2003-014. 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 Gi nn and the motion was seconded by Commissioner Neuberger and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Caroline D. Ginn Aye Commissioner Arthur R. Neuberger Aye Commissioner Fran B. Adams Aye Commissioner Thomas S. Lowther Aye The Chairman thereupon declared the resolution duly passed and adopted this 4th day of March, 2003. BOARD OF COUNTY COMMISSIONERS INDIA IVER C Y, FLORIDA Attes � J. K: Barton, Clerk.. , ' '1 / By: J 'L C� By.. i: r�e:�''l' `/ �7t' �'' nneth R. kfacht, Chairman Deputy Clerk Attachment: ASSESSMENT ROLL Indian Riva Co, Approved _ Date (to be recorded on Public Records) Admin. Co.Atty. Budget Z!7 Dept. 1 - L=7, 0 1 • EXHIBIT A PRELIMINARY ASSESSMENT-WHIPPOORWILL ESTATES SUBDIVISION JANUARY 31, 2003 PARCEL# 32 39 29 00007 0000 00001.0 SQ. FT. 18,920 ASSESSMENT 3,259.16 OWNER COLLIER, BRIAN L&TYNA M 4480 62ND CT VERO BEACH, FL 32967-7814 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 1 PBI 12-44 PARCEL# 32 39 29 00007 0000 00002.0 SQ. FT. 18,920 ASSESSMENT 3,259.16 OWNER WALTERS, MARY M.(45%) WALTERS,DANNA SUE (10%) WALTERS, TRACEY D. (45%) 5865 24TH STREET VERO BEACH, FL 32966 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 2 ' PBI 12-44 PROPERTY 4460 62ND CT PARCEL# 32 39 29 00007 0000 00003.0 SQ. FT. 18,920 ASSESSMENT 3,259.16 OWNER FENIMORE, CHARLES R. JR.(TRS) (TOK) & ELIZABETH 4440 62ND CT VERO BEACH, FL 32967-7814 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 3 PBI 12-44 PARCEL# 32 39 29 00007 0000 00004.0 SQ. FT. 18,920 ASSESSMENT 3,259.16 OWNER MIXELL, LLONALD E. SR(TRS)&VIKKI L. (TRS) 4345 62ND CT VERO BEACH, FL 32967-7811 .LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 4 PBI 12-44 PROPERTY 4420 62ND CT. PARCEL# 32 39 29 00007 0000 00005.0 SQ. FT. 15,682 ASSESSMENT 2,701.39 OWNER PASTOR, PETER P. & KARRIE 4400 62ND CT VERO BEACH, FL 32967-7814 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 5 PBI 12-44 PARCEL# 32 39 29 00007 0000 00006.0 SQ. FT. 15,682 ASSESSMENT 2,701.39 OWNER DOWLING, CURTIS N. & JOAN 4360 62ND CT LEGAL VERO BEACH, FL 32967-7811 WHIPPOORWILL ESTATES SUBDIVISION LOT 6 PBI 12-44 1 PARCEL# 32 39 29 00007 0000 00007.0 SQ. FT. 18,920 ASSESSMENT 3,259.16 OWNER PASQUALE, ANTHONY R. & DOROTHY 4340 62ND CT LEGAL VERO BEACH, FL 32967-7811 WHIPPOORWILL ESTATES SUBDIVISION LOT 7 PBI 12-44 PARCEL# 32 39 29 00007 0000 00008.0 SQ. FT. 18,730 ASSESSMENT 3,226.44 OWNER WILEY, CHARLES P& CAROLINE P 4300 62ND CT VERO BEACH, FL 32967-7811 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 8 PBI 12-44 VACANTLOT PARCEL# 32 39 29 00007 0000 00009.0 SQ. FT. 18,295 ASSESSMENT 3,151.50 OWNER WILEY, CHARLES P & CAROLINE P 4300 62ND CT VERO BEACH, FL 32967-7811 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 9 PBI 12-44 PARCEL# 32 39 29 00007 0000 00010.0 SQ. FT. 18,295 ASSESSMENT 3,151.50 OWNER KRUSE, TERRANCE & DONNA 4305 62ND CT VERO BEACH, FL 32967-7811 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 10 PBI 12-44 PARCEL# 32 39 29 00007 0000 00011.0 SQ. FT. 18,730 ASSESSMENT 3,226.44 OWNER KEMP, LESLIE W. 331 LEGEND TRAIL VERO BEACH, FL 32963 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 11 PBI 12-44 PROPERTY 4325 62ND CT PARCEL# 32 39 29 00007 0000 00012.0 SQ. FT. 18,730 ASSESSMENT 3,226.44 OWNER MIXELL, LLONALD E&VIKKI L(1/2 EA) 4345 62ND CT VERO BEACH, FL 32967-7811 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 12 PBI 12-44 2 PARCEL# 32 39 29 00007 0000 00013.0 SQ. FT. 15,682 ASSESSMENT 2,701.39 OWNER NICKERSON, LOUIS H JR& MELISSA 4365 62ND CT VERO BEACH, FL 32967-7811 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 13 PBI 12-44 PARCEL# 32 39 29 00007 0000 00014.0 SQ. FT. 17,295 ASSESSMENT 2,979.23 OWNER HATMAKER, JOSEPH J. & DELORES 12650 77TH ST FELLSMERE, FL 32948 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 14 PBI 12-44 PROPERTY 4405 62ND CT. PARCEL# 32 39 29 00007 0000 00015.0 SQ. FT. 18,730 ASSESSMENT 3,226.44 OWNER REARDON, RICHARD S. & EILEEN M. 4425 62ND CT. VERO BEACH, FL 32967-7815 WHIPPOORWILL ESTATES SUBDIVISION LEGAL LOT 15 PBI 12-44 PARCEL# 32 39 29 00007 0000 00016.0 SQ. FT. 18,730 ASSESSMENT 3,226.44 OWNER ACKER, KENNETH A& CHERYL L. PO BOX 6985 VERO BEACH, FL 32961-6985 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 16 PBI 12-44 PROPERTY 4445 62ND CT. PARCEL# 32 39 29 000070000 00017.0 SQ. FT. 18,730 ASSESSMENT 3,226.44 OWNER GIBBONS, ALLEN R. & KAY A. 4465 62ND CT. VERO BEACH, FL 32967-7815 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 17 PBI 12-44 PARCEL# 32 39 29 00007 0000 00018.0 SQ. FT. 18,920 ASSESSMENT 3,259.16 OWNER SALVATION ARMY THE P O BOX 2864 VERO BEACH, FL 32961-2864 LEGAL WHIPPOORWILL ESTATES SUBDIVISION LOT 18 PBI 12-44 PROPERTY 4485 62ND CT. 1/31/2003 TOTAL ESTIMATED SQUARE FOOTAGE 326,831 J.D.C. TO BE ASSESSED $ 56,300.00 TOTAL ESTIMATED AMOUNT TO BE ASSESSED WHIPOORWILL ESTATES SUBDIVISION PRELIMARY ASSESSMENT ROLL 3