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HomeMy WebLinkAbout2007-054Public Hearing (Third Reso.) RESOLUTION NO. 2007- 054 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN EXPANSION ALONG 27TH DRIVE NORTH 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. 2007-041, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") along 27th Drive north of 4th Street in Indian River County, Florida; and WHEREAS, Resolution No. 2007-041 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. 2007-041 was published in the Vero Beach Press Journal, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2007-042, 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, May 4, 2007, and on Friday, May 11, 2007 (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, May 22, 2007, 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. 2007- 054 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. 2007-041 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. 2007-041. ' 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 Davi s , and the motion was seconded by Commissioner 01 Bryan , and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Vice Chairman Sandra L. Bowden Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Aye Ay e Aye Aye Ay e The Chairman thereupon declared the resolution duly passed and adopted this ?2nd day of May, 2007. Attest: J. K. Barton, Clerk By )7)&4G41 b/ Deputy Clerk peed --s to for 6/ Ma an E. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Gly C. Wheeler, Chairman - Attachment: Exhibit "A" - Assessment Roll (to be recorded on Public Records) RESOLUTION NO. 2007-054 PRELIMINARY ASSESSMENT - 27TH DR WATER SERVICE APRIL 13, 2007 PARCEL # 33 39 15 00001 0080 00010.1 SQ. FT. 21,000 ASSESSMENT 7,315.11 OWNER GONZALEZ, JAIME U. & YAZMIN, GONZALEZ & GUTIERREZ, JULIO 475 27TH DR VERO BEACH, FL 32968-2002 LEGAL IND RIV FARMS CO SUB PBS 2-25 COMM 25 FT W & 415 FT S OF NE COR OF TR 8, SEC 15 TWP 33 S RNG 39 E; TH RUN N 89 DEG 42 MIN 04 SEC W A DIST OF 465.00 FT FOR POB; TH N 89 DEG 38 MIN 20 SEC W 163.80 FT; TH S 00 DEG 10 MIN 01 SEC W 235.00 FT TH S 89 DE G 31 MIN 52 SEC E 239.65 FT;TH N 00 DEG 17 MIN 07 SEC W 124.00 FT; TH N 49 DEG 20 MIN 51 SEC 47.40 FT; TH N 49 DEG 20 MIN 21 SEC W 57.00 FT; TH N 10 DEG 09 MIN 18 SEC W 35. 00 FT TO POB PROPERTY 27TH DRIVE PARCEL # 33 39 15 00001 0080 00027.0 SQ. FT. 6,825 ASSESSMENT 2,377.41 OWNER MCELNANEY, JAMES E. 455 27TH DR VERO BEACH, FL 32968-2002 LEGAL IND RIV FARMS CO SUB PBS 2-25 FROM NE COR OF TR 8, RUN W ON N LINE OF SAID TR 8, 25 FT TO W R/W LINE OF EMERSON AVE. TH S ON W R/W LINE OF EMERSON AVE 895 FT. RUN W 480 FT TO POB RUN W 75 FT THENCE RUN S 100 FT RUN E 75 FT RUN N 100 FT TO POB AS IN R BK 96, PP 413, LESS N 9 FT ( OR BK 473 PP 958 ) PARCEL # 33 39 15 00001 0080 00029.0 SQ. FT. 14,375 ASSESSMENT 5,007.37 OWNER OQUINN, ROBERT L JR & ALICE B. 465 27TH DR VERO BEACH, FL 32968-2002 LEGAL IND RIV FARMS CO SUB PBS 2-25 FROM NE COR OF TR 8, RUN W ON N LINE OF SAID TR 8, 25 FT TO W R/W LINE OF EMERSON AVE. TH S ON W R/W LINE OF EMERSON AVE 790 FT. RUN W 480 FT TO POB RUN S 111 FT RUN W 95 FT RUN N 3 FT RUN W 25 FT THENCE RUN N 11 FT THENCE RUN W 15 FT THENCE RUN N 65 FT THENCE RUNE 135 FTTOPOBASINRBK119,P456&N9 FT OF PARCEL OF LAND AS DESC IN R BK 155, PP 676 (OR BK 497 P 474) PARCEL # 33 39 15 00001 0080 00031.0 SQ. FT. 12,040 ASSESSMENT 4,193.99 OWNER GUTIERREZ, JULIO & LEDOINA 475 27TH DR VERO BEACH, FL 32960-2002 LEGAL IND RIV FARMS CO SUB PBS 2-25 COM AT NE COR OF TR 8, RUN S ON E BNDRY OF TR 8, 790 FT; THENCE RUN W ON A UNE PARALLEL TO N BNDRY OF TR 8, 50 FT TO POB; THENCE RUN N 140 FT THENCE RUN W 90 FT THENCE -RUN S 140 FT THENCE RUN E 90 FT TO POB AS IN R BK 149 PP 185 LESS W 4 FT RESOLUTION NO. 2007-054 PARCEL # 33 39 15 00001 0080 00032.0 SQ. FT. 10,500 ASSESSMENT 3,657.55 OWNER GUTIERREZ, GERONIMO & GUADALUPE 476 27TH DR VERO BEACH, FL 32960-2002 LEGAL IND RIV FARMS CO SUB PBS 2-25 COM AT NE COR OF TR 8, ON THE CENTER LINE OF EMERSON AVE; THENCE RUN S ALONG E BNDRY OF TR 8, 790 FT THENCE W 480 FT TO POB THENCE RUN N 140 FT THENCE E 75 FT THENCE RUN S 140 FT THENCE W 75 FT TO POB AS IN R BK 190 PP 48 PARCEL # 33 39 15 00001 0080 00034.0 SQ. FT. 15,500 ASSESSMENT 5,399.25 OWNER DEAN, BOBBY R & KATHLEEN O. 466 27TH DR VERO BEACH, FL 32968-2002 LEGAL IND RIV FARMS CO SUB PBS 2-25 FROM NE COR OF TR 8, RUN W ON N LINE OF SAIDTR 25 FT TO W R/W LINE OF EMERSON AVE; THENCE S ALONG SAID R/W LINE 790 FT RUN W 300 FT TO POB RUN W 155 FT RUN S 100 FT RUN E 155 FT THENCE RUN N 100 FT TO POB AS R BK 173 PP 252 PARCEL # 33 39 15 00001 0080 00035.0 SQ. FT. 15,000 ASSESSMENT 5,225.08 OWNER COURTRIGHT, STEPHEN H & HEDGE, JOAN E. 456 27TH DR VERO BEACH, FL 32968 LEGAL IND RIV FARMS CO SUB PBS 2-25 FROM NE COR OF TR 8, RUN S ALONG E BNDRY OF TR 8, 890 FT; THENCE RUN W PARALLEL WITH N BNDRY LINE OF TR 8, 330 FT TO POB THENCE W 150 FT THENCE S 100 FT THENCE E 150 FT THENCE N 100 FT TO POB AS R BK 195 PP 722 PARCEL # 33 39 15 00001 0080 00036.0 SQ. FT. 15,000 ASSESSMENT 5,225.08 OWNER WEIDNER, CHERYL A. 436 27TH DR VERO BEACH, FL 32968 LEGAL IND RIV FARMS CO SUB PBS 2-25 FROM NE COR OF TR 8, RUN W ON N LINE OF SAID TR 8 25 FT TO W R/W LINE OF EMERSON AVE; THENCE RUN S ON SAID W R/W LINE OF EMERSON AVE 990 FT RUN W 305 FT TO POB RUN S 100 FT RUN W 150 FT RUN N 100 FT RUN E 150 FT TO POB AS R BK 89 PP 463 RESOLUTION NO. 2007-054 PARCEL # 33 39 15 00001 0080 00037.0 SQ. FT. 17,050 ASSESSMENT 5,939.16 OWNER MASSE, RONALD D. 426 27TH DR VERO BEACH, FL 32968 LEGAL IND RIV FARMS CO SUB PBS 2-25 FROM NE COR OF TR 8, RUN W ON N LINE OF SAID TR 8 A DIST OF 25 FT TO W R/W LINE OF EMERSON AVE; (27TH AVE); THENCE RUN S ALONG SAID W R/W LINE A DIST OF 1090.0 FT; TH RUN W A DIST OF 300 FT TO THE POB; THENCE CONTINUE W A DISTTANCE OF 155 FT TO THE E LINE OF A PUBLIC RD AS REC IN OR BK 149, PG 1 (DEED DEDICATIO N) TH RUN S ALONG SAID E LINEA DIST OF 110 FT; TH RUN E A DIST OF 15 FT; TH RUN N A DIST OF 110 FT TO POB ESTIMATED PRELIMINARY ASSESSMENT $44,340.00 ESTIMATED COST PER SQ. FT. ROUNDED 27TH DRIVE WATER SERVICE $0.34833843978 $0.348338 PL ACE 1001 080 016.6 AC 12 10 J.0 RESOLUTION N0. 2007-054 wu N 00001 0080 00010,0 PROPERTIES TO BENEFIT FROM WATER SERVICE 3,26 AC 110 503.8 81.20 113.80 00001 0080 000+1-0.0 00001 0 0080 00030.0 00001 0090 00033,0 32 AC l 3.1!. 00001 0080 00046.0 .29 AC o .26 AC ,L.51.(../ 81.20 D! .11 135 CN N 00001 0080 00042,0 00001 0090 00046.0 ,42 AC 00001 0080 00019,1 00,001 0090 000 41.0 40 .30' AC 00001 0000 00020,0 .30 AC 150 00001 0080 00026.0 00001 0080 00040,0 135 110 00001 0080 00047,1 25 AC 00001 0080 00047,0 ,25 AC 00001 0080 00021.0 .34 AC 150 00001 0080 00028,0 ,60 AC 00001 0 0080 0 00048.0 00001 0080 0002 2.1 .27 AC ISQ n 00001 0080 00039,0 trri 4TH STREET 00001 0090 . 00039,0 .29 AC 00001 0080 00048.0 .40 AC .20 AC 150 �. 110 4R r1 ti v r.? i; 40 ATTACHMENT 2 RESOLUTION N0. 2007-054 SUMMARY PRELIMINARY ASSESSMENT SCHEDULE OF PROPERTIES 27TH DRIVE WATER SERVICE - NORTH OF 4TH STREET SIGNATURES SUPPORTING PETITION x PARCEL I.D. NO. SQUARE PRELIMINARY OWNER FOOTAGE ASSESSMENT 15 33 39 00001 0080 00010.1 GONZALEZ XX 21,000 $ 7,315.11 (THIS PARCEL BEING DIVIDED INTO 2 HOMESITES) 15 33 39 00001 0080 00027.0 MCELNANEY X 6,825 $ 2,377.41 15 33 39 00001 0080 00029.0 OQUINN X 14,375 $ 5,007.37 15 33 39 00001 0080 00031.0 GUTIERREZ X 12,040 $ 4,193.99 15 33 39 00001 0080 00032.0 GUTIERREZ X 10,500 $ 3,657.55 15 33 39 00001 0080 00034.0 DEAN X 15,500 $ 5,399.25 15 33 39 00001 0080 00035.0 COURTRIGHT X 15,000 $ 5,225.08 15 33 39 00001 0080 00036.0 WEIDNER X 15,000 $ 5,225.08 15 33 39 00001 0080 00037.0 MASSE X 17,050 $ 5,939.16 TOTAL SQ. FOOTAGE TO BE ASSESSED 127,290 ESTIMATED COST PER SQ. FT. $ 0.34833843978 ROUNDED $ 0.348338 ESTIMATED PRELIMINARY ASSESSMENT 4/13/2007 J.D.C. 27TH DR $ 44,340.00 ATTACHMENT 3 RESOLUTION NO. 2007-054 !! _a r1 'Mobilization (See Section 01025) 1 1 LS 1 1 3,000.00 8888 )\ƒ\ 3,000.001 488&8$ ,j/jj\ 32,000.001 Indian River County Force Account, 10% of Item 32 1 9.20% I % 1 1 $3,090.001 Total Water Facilities Construction Cost (Bid Estimate) I I I $35,090.001 ATED CONSTRUCTION COST SO5,090.001 8 / e » \ © 8 t 1 TOTAL PROJECT COST ESTIMATE( S44,340.00I Unit Price 48$888)# §■3§/\.) I00'OOs$ %q §§ L14 ISubtotalWaterFacilities 1 Record Drawings 0 Bidding & Award • • Construction Services Admin. & Advertising 2 !) %&t<!I§!§110 TOTAL ESTIM no E° !°' i§a,——/,on „ ! E. 1 Fumish & Install 6" PVC Water Main Fumish & Install 2" PVC Water Main Furnish & Install 6" HDPE Dir. Drill Water Main 'Furnish & Install 6" GV&B Furnish & Install Fire Hydrant Assembly w/ 6" GV&B (Furnish & Install 2" Blow -Off ''Lawn/ROW -Restoration (Topsoil & Bahia Sod) \ (Furnish & Install 1" PE Single Short Water Service (Furnish & Install 1" PE Single Long Water Service (w/sleeve) Fumish & Install 1-1/2" PE Double Short Water Service 2 ,,,WI,COCT,