HomeMy WebLinkAbout1995-025RESOLUTION NO. 95-25
WHEREAS, the Indian River County Board of County Commissioners
desires to provide a benefit plan for its employees that meet the
requirements of Section 125 of the Internal Revenue Code and
believes adoption of such plan to be in the best interest of the
Indian River County Board of County Commissioners employees.
NOW# THEREFORE, BE IT:
RESOLVED, that the Indian River County Board of County
Commissioners hereby approves and adopts the Indian River County
Board of County Commissioners Premium Conversion Plan, also called
the Health Care Cost Savings Plan, a copy of which has been
reviewed by the Board of County Commissioners; and
FURTHER RESOLVED, that the Chairman of the Indian River County
Board of County Commissioners, be and hereby is, authorized and
directed to do all acts and to execute all documents in writing,
which are determined to be necessary or desirable in order to adopt
the Premium Conversion Plan.
The resolution was moved to adoption by Commissioner Eggert and the
motion was seconded by Commissioner Adams, and, upon being put to a vote, the
vote was as follows:
Chairman Kenneth R. Macht
Aye
Vice Chairman
Fran B.
Adams
Aye
Commissioner
Richard
N.Bird
Aye
Commissioner
Carolyn
K. Eggert
Aye
Commissioner
John W.
Tippin
Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 14 day of February, 1995.
ATTEST:
Jeffr7.
Barton+�T�rk,,,
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By J ' Q-.1 �6 o-,,,�
FRAN B. ADAMS
VICE CHAIRMAN
0
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ORDINANCE NO. 95 -
AN ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA, CONSENTING TO THE IMPOSITION OF
SPECIAL ASSESSMENTS AND OR THE INCLUSION OF
ALL OF ITS INCORPORATED AREAS WITHIN ONE OR
MORE MUNICIPAL SERVICE BENEFIT UNITS CREATED
BY INDIAN RIVER COUNTY TO PROVIDE WATER OR
WASTEWATER FACILITIES, SERVICES OR PROGRAMS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA:
SECTION 1.01. FINDINGS. It is hereby ascertained,
determined, and declared that:
(A) Section 125.01(1)(q), Florida Statutes, provides
legislative authorization for the governing body of a county to
establish a municipal service benefit unit for all or any part of
the unincorporated area within its boundaries, or within the
municipal boundaries of an incorporated area upon consent of the
governing body of the affected municipality, within which may be
provided water or wastewater facilities, services or programs, and
other related essential facilities and municipal services.
(B) The Board of County Commissioners of Indian River County,
Florida (the "County") and the City Council of the City of
Sebastian (the "City") have entered into an interlocal agreement
providing for the transfer of the City°s water and wastewater
utility system to the County which authorizes the County to provide
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such services within the incorporated areas of the City. This
ordinance shall be construed as authorizing the County to establish c�i
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a municipal service benefit unit and or to impose and collect water -'
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and wastewater assessments within the incorporated area of the
City.
(C) The City Council of the City of Sebastian has determined
that the creation of a municipal service benefit unit and or the
imposition of special assessments for the purpose of providing
water and wastewater services, facilities and programs is in the
best interests of the owners of property within the corporate
limits of the City.
SECTION 1.02. CONSENT OF THE CITY OF SEBASTIAN. The City
Council of the City of Sebastian hereby consents to the inclusion
of all of the incorporated area of the City within one or more
municipal service benefit units created by the County to provide
water and wastewater services, facilities, and programs and or to
the imposition of a special assessment for such purposes. Such
consent shall become effective upon adoption of this Ordinance and
transfer of the City's water and wastewater utility system to the
County pursuant to interlocal agreement. The City Council finds
that such provision of water and wastewater services, facilities
and programs is an essential municipal purpose.
SECTION 1.03.
SEVERABILITY.
The provisions of this Ordinance
p
=0I
are severable; and
if any section,
subsection, sentence, clause or
M—
provision is held
invalid by any
court of competent jurisdiction,
the remaining provisions
of this
Ordinance shall not be affected
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thereby.
SECTION 1.04.
EFFECTIVE DATE. This Ordinance shall take
a%
effect as provided by law.
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2
DULY ENACTED this
1,1Z day of
(SEAT,) CITY COUNCIL OF THE
CITY OF SEB T AN, FLORIDA
By
Mayor
ATTEST:
m
Clerk
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CERTIFICATE REAFFIRMING REPRESENTATIONS
WHEREAS, Indian River County, Florida, a political subdivision
of the State of Florida (the "County/°), and the City of Sebastian,
a municipal corporation and body politic existing under the laws of
the State of Florida, (the "City"), entered into that certain
Interlocal Agreement Providing for the Transfer and Assumption of
the Ci of Sebastian Water and Wastewater System on the kQ-",�'-,�& day
ofa�� 1995 (the "Interlocal Agreement"); and
�/REREAS, Section 5.02 of the Interlocal Agreement provides
that each party deliver a certificate to the other reaffirming the
representations and warranties therein.
NOW, THEREFORE, to comply with Section 5.02 of the Interlocal
Agreement, the City does hereby certify to the County the
following:
1. That the representations and warranties of the City in the
Interlocal Agreement are true and correct in all material
respects as of the date hereof with the same effect as if such
representations and warranties were made or given on the date
hereof; and
2. That the City has performed in all material respects all of
its obligations and has complied with all of the covenants and
agreements required by the Interlocal Agreement to be
performed or complied with by the City prior to or on the date
hereof, unless waived in writing by the County.
IN
WITS
WHEREOF, th
City
his executed
this certificate as
of this
day of
1995.
iSEAL)
ATTEST:
KATHRYN M.
City Clerk
O' �HALLORAN,
7
y Ia-
BWFU� e r k
THE CITY OF SEBASTIAN, FLORIDA
By: 6
Mayor
APPENDIX "D"
D- 1
CERTIFICATE REAFFIRMING REPRESENTATIONS
WHEREAS, Indian River County, Florida, a political subdivision
of the State of Florida (the "County"), and the City of Sebastian,
it municipal corporation and body politic existing under the laws of
the State of Florida, (the "City"), entered into that certain
Interlocal Agreement Providing for the Transfer and Assumption of
the City of Sebastian Water and Wastewater System on the day
caf,y�-.��z/ , 1995 (the "Interlocal Agreement") ; and
WHEREAS, Section 5.02 of the Interlocal Agreement provides
that each party deliver a certificate to the other reaffirming the
:representations and warranties therein.
NOW, THEREFORE, to comply with Section 5.02 of the Interlocal
Agreement, the County does hereby certify to the City the
following:
1. That the representations and warranties of the County in the
Interlocal Agreement are true and correct in all material
respects as of the date hereof with the same effect as if such
representations and warranties were made or given on the date
hereof; and
2. That the County has performed in all material respects all of
its obligations and has complied with all of the covenants and
agreements required by the Interlocal Agreement to be
performed or complied with by the County prior to or on the
date hereof, unless waived in writing by the City.
IN WITNESS WHEREOF, the Coun has executed this certificate
as of this "2 �7 day of .c fiz = �� �� , 1995.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN] IVER COUNTY, FLORIDA
(SEAL) � By;
,I
�-- a i rman K E E T H R. MACIff
ATTEST
JEFFREY K. BARTON-,'Clerk of the
Circuit Court and x --officio Clerk
of the Board''of County Commissioners
of Indian River County, Florida
Deputy Clerk
D -Z
This instrunent prepared by or under the supervision of.
Name. Clifton A. McClelland, Jr., Esq.
Potter, McClelland, Marks & Nealy, P.A.
Address: 700 S. Babcock Street, Suite 400
Melbourne, Fl 32901
DEED
THIS DEED, made this _t-
-- day of September, 1995, by the CITY
OF SEBASTIAN, FLORIDA, party of the first part, and INDIAN RIVER
COUNTY, FLORIDA, party of the second part,
WITNESSETH that the said party of the first part, for and in
consideration of the sum of Ten Dollars ($10.00) to it in hand paid
by the party of the second part, receipt whereof is hereby
acknowledged, has granted, bargained and sold to the party of the
second part, the following described land lying and being in Indian
River County, Florida:
See Exhibit IIA" attached hereto and by this
reference made a part hereof.
SUBJECT TO:
1. Taxes and assessments for the year 1995 and subsequent
years.
2. All laws, ordinances and governmental regulations,
including, but not limited to, all applicable building,
zoning, land use and environmental ordinances,
regulations, restrictions, prohibitions and other
requirements, none of which will prevent or hinder the
present use of the Property.
3. Restrictions and easements for utilities and drainage set
out in recorded plats of subdivisions.
4.
Restrictions
of record.
5.
All matters
which would be disclosed by an accurate
survey of the
Property.
59
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CIC-UMy !,IT11PH II's
OFFIQk
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1.4;:,: i:C UNIlt
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IN WITNESS WHEREOF the said part of the first art has caused
these presents to be executed in its name by its City Council
acting by the Mayor of said Council, the day and year aforesaid.
ztness
Printed Name of Witness
Witness
Printed Name of Witness
W' ness
Printed Name of Witness
vk�
Witness
Printed Name of Witness
STATE OF FLORIDA §
COUNTY OF INDIAN RIVER §
CITY OF SEBASTIAN, FLORIDA, a
Municipal corporation, by its
City Council
By:
By
Arthur L. Firtion, Mayor
(OFFICIAL SEAL)
ATTEST:
Kathry M. O'Halloran, CMC/AAE
APPROVED AS TO F0l*A
AND EGAL SUFFI IENCY;
(. k-.
Charles P. Vilunac
County Allorncy
The foregoing Deed was sworn to and subscribed before me this
Vic/ day of September, 1995 by Arthur L. Firtion, Mayor of the
City of Sebastian and Kathryn M. O'Halloran, CMC/AAE, on behalf of
the City. Arthur L. Firtion and Kathryn M. O'Halloran are
personally known to me errhave--pFeduced--
_as__-identioication----and -did take an oath.
Printed Name:_C��}�1�. [ �/Fr
Notary Public, State of Florida
At Large
My Commission Expires:
Commissiodl No.: UL. /17/1-/
U -Q �+�""0' QFFICIAL SEAL
LEA H. KEIICR
IEy C0M#n6** ►a C.111146
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PARCEL I:
All of Tract "D" as sh=wn on the plat of SEBASTIAN HIGHLANDS
UNIT -17, as recorded in Plat Bock 8, Page 46, public Records of
Indian River county, Florida.
PARCEL II:
A parcel of land located in the Northeast 1/4 of the Northeast
1/4;
LESS the East 20 acres thereof and a portion of the Southeast
.1/4 of the Northeast -1/4 of section 18, Township 31 south, Range
`-39 East, Indian River County, Florida, and being more
particularly described as follows:
Begin at the Northeast corner of said section 18, Township 31
South, Range 39 East; thence south 89022136" West, along the
North line of the said Northeast 1/4 of Section 18, a distance
of 657.45 feet to the Northwest corner of the said East 20 acres
of the Northeast 1/4 of the Northeast 1/4; thence South
00001/2411 West, along the West line of the said East 20 acres, a
distance of 1325.55 feet, to a point in the South line of the
said Northeast 1/4 of the Northeast 1/4; said point also being
the Northwest corner of Sebastian Highlands Unit 9, as recorded
in Plat Book 61 Page 36A, Public Records of Indian River county,
Florida; thence continue along the boundary of said plat of
Sebastian Highlands Unit 9, the following courses and distances:
thence continue south 00001/2411 West, a distance of 130.66 feet
to a point in a curve concave to the southwest having a radius
of 435.64 feet, the chord of which bears North 85920121" west;
thence westerly along the arc of said curve, a distance of 70.30
feet, through a central angle of 0961414811, departing said
platted boundary;
thence North 00001124" East, a distance of 54.11 feet;
thence South 890191o2" West, a distance of 71.5 feet more or
Less, to the Easterly waters edge of Schumann Lake;
thence Northwesterly, Westerly, Southerly, southeasterly,
Southwesterly, westerly and Southerly meander the waters edge. of
Schumann Lake, a distance of 1847 feet, more or less, to the »
South line of the said southeast 1/4 of the Northeast 1/4;
thence South 69015127" West, along the south line of the said
Southeast 1/4 of the Northeast 1/4, a distance of 97.4 feet,
more or less, to the southwest corner of the said southeast 1/4
of the Northeast 1/4;
thence North 000.01'2511 West, along the West line of the said
East 1/2 of the Northeast 1/4, a distance of 2652.47 feet to the
aforesaid North line of the Northeast 1/4;
thence North 89.22136" East along the said Nor:.: line, a
distance of 673.15 feet to the point of Beginning.
PARCEL III:
The East 2Co feat of Tract "A", SEVA5TIAN 41(1H1 -ANDS, CRIT 9,
according to the- plat thereof, recorded in Plat fuck 6, rage 36
and 3GA, public Reco.ds of Indiln P-vr-r t'ounly, Florils.
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Ibis instrument prepared by or under the supervision of:
Name: Clifton A. McClelland, Jr., Esq.
Potter, McClettand, Marks & Heaty, P.A.
Address: 700 S. Babcock Street, Suite 400
Melbourne, Fl 32901
BILL OF SALE
THIS BILL OF SALE evidencing the sale and conveyance of the
Sebastian Utility System, as described in that certain Interlocal
Agreement dated September 20, 1995, is made and executed this 2t
day of1995 by City of Sebastian, a municipal
corporation and body politic existing under the laws of the State
of Florida, (the "City"), whose address is 1225 Main Street,
Sebastian, Florida 32958, hereinafter called the seller, to Indian
River County, Florida, a political subdivision of the State of
Florida, whose address is 1840 25th Street, Vero Beach, Florida
32960, hereinafter called the buyer;
WITNESSETH: That the seller, for and in consideration of the
sum of $10.00 and other valuable considerations, receipt whereof is
hereby acknowledged, by these presents does grant, bargain, sell,
alien, remise, release, convey and confirm unto the buyer, all that
certain personal property which is a part of the Sebastian Utility
System situate in Indian River County, Florida, as more
particularly described on Exhibit A attached hereto and
incorporated herein.
SAID Sebastian Utility System also includes all the tenements,
hereditaments and appurtenances thereto belonging or in anywise
appertaining, including but not limited to, all water and
wastewater facilities of every kind and nature lying within public
rights-of-way and all appurtenant easement rights for the
operation, installation and maintenance of said facilities.
SUBJECT TO the Interlocal Agreement Providing
for the Transfer
and Assumption of the City
of Sebastian Water and Wastewater System
dated September 20, 1995
between the buyer and
seller and the
--
obligations, duties and
liabilities assumed
by the buyer
t)
thereunder.
--j
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TO HAVE AND TO HOLD,
the same in fee simple
forever.
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IN WITNESS WHEREOF
executed in its na
affixed, by its prop
and year first above
rr
W' Hess
o.jti�llt=`i
Printed Name of Witness
the seller has caused tt
me, and its corporates
er officers thereunto duly
written.
Witness
Printed Name of Witness
W'tness
Printed Name of Witness
I � �
Witness
i
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
nese presents to be
eal to be hereunto
authorized, the day
CITY OF SEBASTIAN, FLORIDA, a
Municipal corporation, by its
City Council
By:
A thur L. Firtion, Mayor
(OFFICIAL SEAL)
ATTEST:
Kathryn_7M. —O'Halloran, CMC/AAE
'rO F0l144
Atio i (_(;;' l_ 8kji r'lpl, NCY:
P. vw;oilc
county ntlufnoy
The foregoing Bill of Sale was sworn to and subscribed before
me this 117 day of September, 1995 by Arthur L. Firtion, Mayor
of the City of Sebastian and Kathryn M. O'Halloran, CMC/AAE, on
behalf of the City. Arthur L. Firtion and Kathryn M. O'Halloran
are personally known to me ar---have--predueed---,_ __ _
. ars_4deFat-j-f a ie - alad .-did- take- ._an -oath. -
Printed Name:
Notary Public, State of Florida
At Large
My commission Expires:
Commission No.:_('� �`%�.�
OFFICIAL SEAL_
LEA R. KELPER
1! My Cunwo 'sion Explies
' flay 15. 1996
�
o, Comm Comm d1u. CC 194154
1)-7
EXHIBIT A
TO
BILL OF SALE
FROM
CITY OF SEBASTIAN, FLORIDA
TO
INDIAN RIVER COUNTY, FLORIDA
All of the City of Sebastian's water production, treatment
plants, storage treatment, transmission, distribution, pumping and
other water facilities, including without limitation, water wells
and fire hydrants, and all wastewater treatment plant, wastewater
collection, transmission, pumping and disposal facilities of every
kind and description whatsoever, including, without limitation, all
trade fixtures, leasehold improvements, lift stations, pumps,
generators, controls, collection and transmission pipes or
facilities, valves, meters, service connections, and all other
water and wastewater service connections, and all other water and
wastewater physical facilities, together with all machinery, and
equipment used in the course of the day-to-day operations of the
City of Sebastian Water and Sewer System.
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APPENDIX F
Service Agreements
SERVICE AGREEMENTS
The County specifically agrees to be bound by and substitute
for the City for any obligation which the City has arising from the
following:
(1) Agreement between Indian River County and Nelson Hyatt
dated July 11, 1989, as amended.
(2) Interlocal Agreement between Indian River County and the
City of Sebastian Re: Sebastian Lakes Service Area
Agreement dated December 29, 1994, and the Water and
Wastewater Service and Contribution Agreement dated
February 9, 1994; provided the City shall have the
responsibility for paying the $80,327.36 credit to the
County set out in Section 4 of said Agreement toward
future water connections to the County System if such
connections are in fact made, provided the February 9,
1994 Agreement constitutes a valid, existing agreement
which imposes liability on the City for such credit on
the date of the closing of the sale of the City of
Sebastian Water and Wastewater System to the County.
(3) Any obligations for impact fees which have been paid and
the service agreements listed on H-2.
(4) Utility Agreement dated March 4, 1993 between Citrus
Utilities, Inc. and General Development Utilities, Inc.
The County will not indemnify and the City will hold the
County harmless from any and all liability arising out of
the case styled Citrus Utilities Inc. v. General
Development Utilities, Inc. and City of Sebastian; Case
Number 94 -0202 -CA -03 filed in the Circuit Court of Indian
River County, Florida.
F-1
Raw
AGREEMENT WITH
Andell, Inc.
B.W. Simpkins Trust & F.A. Sheriff Trust
Church of God, Inc.
Donald E. y
yPinder March 28,
Scotad, Inc.
Scotad, Inc.
Trinity Lutheran Church
Roy Wissel d/b/a Wissel Construction
School District of Indian River County
Reflections on the River, Inc.
Calvary Baptist Church
Muller Enterprises, Inc.
Sebastian Lakes Association
Clare Sommers & Roberta Jones
Jean M. Burdsall
Indian River School Board
Edward V. Hulse
First Baptist Church Mission
James M. McClain
Sebastian Plumbing
General Development Corp.
City of Sebastian
Arnold's Air Conditioning, Inc.
M.G.B. Homes, Inc.
Fellsmere Properties, Inc.
Sebastian Vol. Fire Dept. & Rescue,
James R. Havens
Lonnie R. & Mary B. Powell
Cumberland Farms, Inc.
Drs. Peter & Katherine Gutierrez
Sebastian General Partneship B.F.T,
Barnett Bank of Treasure Coast
F-2
Inc.
AGREEMENT DATE
September 9, 1992
June 26, 1989
September 2, 1988
1990
August 24, 1989
June 28, 1989
April 25, 1993
February 14, 1989
November 24, 1980
December 10, 1982
June 16, 1983
December 5, 1983
November 14, 1984
September 14, 1984
August 27, 1984
November 13, 1984
October 15, 1984
June 27, 1985
July 12, 1985
December 9, 1985
December 26, 1985
December 18, 1985
January 10, 1986
February 6, 1986
February 12, 1985
August 10, 1986
January 22, 1987
April 14, 1987
May 1, 1987
April 5, 1988
December 17, 1991
November 16, 1992
APPENDIX G
Form of Assignment of Easements
7
This instrument prepared by or under the supervision of:
Name: Clifton A. McClelland, Jr., Esq.
Potter, McClelland, Marks & Nealy, P.A.
Address: 700 S. Babcock Street, Suite 400
Melbourne, FL 32401
PARCEL I.D. NO. _
TAXPAYER I.D. NO.
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS that THE CITY OF SEBASTIAN, FLORIDA,
having its principal place of business at 1225 Main Street,
Sebastian, Florida 32958 (the "Grantor"), in consideration of the
sum of TEN DOLLARS ($10.00) and other valuable considerations,
receipt of which are hereby acknowledged, does hereby grant to
INDIAN RIVER COUNTY, FLORIDA, having its principal place of
business at 1840 25th Street, Vero Beach, Florida 32960 (the
"Grantee"), and to its successors and assigns, a non-exclusive
perpetual easement ("Easement") for the construction, maintenance
and repair of utility facilities over, upon, under, across and
through the described lands of the Grantor, situated in the County
of Indian River and State of Florida, as more particularly
described in Exhibit "A" attached hereto and by this reference made
a part hereof (the "Easement Parcel").
The Grantor, however, reserves the right and privilege to use the
Easement in common with Grantee for all purposes except as herein
granted or as might interfere with Grantee's use, occupation or
enjoyment thereof, or as might cause a hazardous condition.
In the event that Grantee, its employees, agents or contractors
cause damage to the Easement Parcel in the exercise of the
privilege granted in this Easement, Grantee agrees to restore the
Easement Parcel so damages to its original condition and grade.
IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement
this day of , 1995.
GRANTOR:
CITY OF SEBASTIAN, FLORIDA
G-1
By:
Witness
Name:
Printed Name:
Title: �!
Witness+
Printed Name:
a
G-1
(OFFICIAL SEAL)
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
STATE OF FLORIDA §
COUNTY OF INDIAN RIVER §
The foregoing Grant of Easement was sworn to and subscribed
before me this day of , 1995 by
, Mayor of the City of Sebastian, on behalf of the
City. He is personally known to me or has produced
as identification and did take an oath.
Printed Name•
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.•
G-2
IN THE RECORDS or
C, d " K. BARTON
This instrument prepared by or under the supervision of: �' � RC COURT
Name: Clifton A. McClelland, Jr., Esq. tNti� 1VE CO" FLA.
Potter, McClelland, Marks & Healy, P.A.
Address: 700 S. Babcock Street, Suite 400
Melbourne, FL 32901
WIN IPM
KfD. 7 a
"o -It DEED
AFFM K, MM
INDIAN RIVER
THIS DEED, made this c7/ day of September, 1995, by the CITY
OF SEBASTIAN, FLORIDA, party of the first part, and INDIAN RIVER
COUNTY, FLORIDA, party of the second part,
WITNESSETH that the said party of the first part, for and in
consideration of the sum of Ten Dollars ($10.00) to it in hand paid
by the party of the second part, receipt whereof is hereby
acknowledged, has granted, bargained and sold to the party of the
second part, the following described land lying and being in Indian
River County, Florida:
See Exhibit "All attached hereto and by this
reference made a part hereof.
SUBJECT TO:
1. Taxes and assessments for the year 1995 and subsequent
years.
2. All laws, ordinances and governmental regulations,
including, but not limited to, all applicable building,
zoning, land use and environmental ordinances,
regulations, restrictions, prohibitions and other
requirements, none of which will prevent or hinder the
present use of the Property.
3. Restrictions and easements for utilities and drainage set
out in recorded plats of subdivisions.
4. Restrictions of record.
5. All matters which would be disclosed by an accurate
survey of the Property.
D-3
CCUNTY
Vem b"* fiwi4e 32940
Lo
a)
M
C
GAJ
t.J
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be executed in its name by its City Council
acting by the Mayor of said Council, the day and year aforesaid.
/itess
0T 4/i755
Printed Name of Witness
Witness
I -E /4 w) . 1�fl-l. 02
Printed Name of Witness
W' ness
Printed Name of )Witness
Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN, FLORIDA, a
Municipal corporation, by its
City Council
By: 1
Arthur L. Filrt�-dn 3 ° Mayor ' ,t
(OFFICIAL SEAL .<
+ e'.
.e
ATTEST:
Kathry M. O'Halloran, CMC/AAE
APPROVED AS TO FORM
AN LEGAL SUFFICIENCY;
Charles P. Vitunac
County Attorney
The foregoing Deed was sworn to and subscribed before me this
day of September, 1995 by Arthur L. Firtion, Mayor of the
City of Sebastian and Kathryn. M. O'Halloran, CMC/AAE, on behalf of
the City. Arthur L. Firtion and Kathryn M. O'Halloran are
personally known to me er--haste-pr°eduze&
--as-i-de7°rb. - an --oath.
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.: �'%.
D-4 i,
•�,yur b
i }
OFFICIAL SEAL
LEA R. KELLER
My cummilsi" Expirss
usy 15, 191#6
Comm. %*. CC 1"I54
EXTi Brr "A"
PARCEL IO
All of Tract "D" as shown on the plat of SEBASTIAN HIGHLANDS
UNIT -17, as recorded in Plat Book 8, Page 46, Public Records of
Indian River County, Florida.
PARCEL IIS
A parcel of land located in the Northeast 1/4 of the Northeast
1/4;
LESS the East 20 acres thereof and a portion of the Southeast
1/4 of the Northeast 1/4 of Section 16, Township 31 South, Range
39 East, Indian River County, Florida, and being more
particularly described as follows:
Begin at the Northeast corner of said Section 18, Township 31
South, Range 39 East; thence South 09°2236" West, along the
North line of the said Northeast 1/4 of Section 18, a distance
of 657.45 feet to the Northwest corner of the said East 20 acres
of the Northeast 1/4 of the Northeast 1/4; thence South
00001124" West, along the West line of the said East 20 acres, a
distance of 1325.55 feet, to a point in the South line of the
said Northeast 1/4 of the Northeast 1/4; said point also being
the Northwest corner of Sebastian Highlands Unit 9, as recorded
in Plat Book 6, Page 36A, Public Records of Indian River County,
Florida; thence continue along the boundary of said plat of
Sebastian Highlands Unit 9, the following courses and distances:
thence continue South 00001124" West, a distance of 130.66 feet
to a point in a curve concave to the Southwest having a radius
of 435.64 feet, the chord of which bears North 85020121" West;
thence Westerly along the arc of said curve, a distance of 70.30
feet, through a central angle of 0901414811, departing said
platted boundary;
thence North 00001124" East, a distance of 54.11 feet;
thence South 89019102" West, a distance of 71.5 feet more or
less, to the Easterly waters edge of Schumann Lake;
thence Northwesterly, Westerly, Southerly, Southeasterly,
Southwesterly, Westerly and Southerly meander the waters edge of
Schumann Lake, a distance of 1847 feet, more or less, to the
South line of the said Southeast 1/4 of the Northeast 1/4;
thence South 89015127" West, along the South line of the said
Southeast 1/4 of the Northeast 1/4, a distance of 97.9 feet,
more or less, to the Southwest corner of the said Southeast 1/4
of the Northeast 1/4;
thence North 000.01125" West, along the West line of the said
East 1/2 of the Northeast 1/4, a distance of 2652.47 feet to the
aforesaid North line of the Northeast 1/4;
thence North 89°22136" East along the said North line, a
distance of 673.15 feet to the Point of Beginning.
PARCEL III:
The East 200 feet of Tract "A", SEBASTIAN HIGHLANDS, UNIT 9,
according to the plat thereof, recorded in Plat Book 6, Page 36
and 36A, Public Records of Indian River County, Florida.
This instrument prepared by or under the supervision of:
Name: Clifton A. McClelland, Jr., Esq.
Potter, McClelland, Marks & Healy, P.A.
Address! 700 S. Babcock Street, Suite 400
Melbourne, FL 32901
BILL OF SALE
IN THE RECORC)� OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FLA.
THIS BILL OF SALE evidencing the sale and conveyance of the
Sebastian Utility System, as described in that certain Interlocal
Agreement dated September 20, 1995, is made and executed this .21
da
1
day of , 1995 by City of Sebastian, a municipal
corporation and body politic existing under the laws of the State
of Florida, (the "City"), whose address is 1225 Main Street,
Sebastian, Florida 32958, hereinafter called the seller, to Indian
River County, Florida, a political subdivision of the State of
Florida, whose address is 1840 25th Street, Vero Beach, Florida
32960, hereinafter called the buyer;
WITNESSETH: That the seller, for and in consideration of the
sum of $10.00 and other valuable considerations, receipt whereof is
hereby acknowledged, by these presents does grant, bargain, sell,
alien, remise, release, convey and confirm unto the buyer, all that
certain personal property which is a part of the Sebastian Utility
System situate in Indian River County, Florida, as more
particularly described on Exhibit A attached hereto and
incorporated herein.
SAID Sebastian Utility System also includes all the tenements,
hereditaments and appurtenances thereto belonging or in anywise
appertaining, including but not limited to, all water and
wastewater facilities of every kind and nature lying within public
rights-of-way and all appurtenant easement rights for the
operation, installation and maintenance of said facilities.
SUBJECT TO the Interlocal Agreement Providing for the Transfer
and Assumption of the City of Sebastian Water and Wastewater System
dated September 20, 1995 between the buyer and seller and the
obligations, duties and liabilities assumed by the buyer
thereunder.
TO HAVE AND TO HOLD, the same in fee simple forever.
1UNTY /.TT7rt,`: Y.S
CC
1�f*re
TfJ
'IN WITNESS WHEREOF
executed in its nam
affixed, by its prope
and year first above
W' ness
Printed Name of Witness
Witness
the seller has caused th
e, and its corporate s
r officers thereunto duly
written.
NF1.} A-9. /-�EALEk
Printed Name of Witness
7W'tness
Printed Name of Witness
Witness
1,C,4 A)- WF/, L�Jc�
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
ese presents to be
eal to be hereunto
authorized, the day
CITY OF SEBASTIAN, FLORIDA, a
Municipal corporation, by its
City Council
BY: GY
A thur L. Firti61i,° Ni�iyor
(OFFICIAL SEAL)(!)',
ATTEST:
Kathryn/M. O'Halloran, CMC/AAE
APPI�_�0\'D AS F OXZM
Ch,'110S P. Viti:nae
Courtly Attorney
The foregoing Bill of Sale was sworn to and subscribed before
me this c q% day of September, 1995 by Arthur L. Firtion, Mayor
of the City of Sebastian and Kathryn M. O'Halloran, CMC/AAE, on
behalf of the City. Arthur L. Firtion and Kathryn M. O'Halloran
are personally known to me or
h
Printed' Name : LE P4 P f i,e l -Le h'-
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.: CC, 194-
.•,, "w14�-*••• OFFICIAL SEAL
LFA R. KELLER
My Commission Expires
•. +y MAY 15. 1996
•••:'`w �i�;�••• Comm. No. CC 194154
0-7
Cn
EXHIBIT A
TO
BILL OF BALE
FROM
CITY OF SEBASTIAN, FLORIDA
TO
INDIAN RIVER COUNTY, FLORIDA
All of the City of Sebastian's water production, treatment
plants, storage treatment, transmission, distribution, pumping and
other water facilities, including without limitation, water wells
and fire hydrants, and all wastewater treatment plant, wastewater
collection, transmission, pumping and disposal facilities of every
kind and description whatsoever, including, without limitation, all
trade fixtures, leasehold improvements, lift stations, pumps,
generators, controls, collection and transmission pipes or
facilities, valves, meters, service connections, and all other
water and wastewater service connections, and all other water and
wastewater physical facilities, together with all machinery, and
equipment used in the course of eche day-to-day operations of the
City of Sebastian Water and sewer System.
D-8
X
sonU*
This instruatnt prepared by or under the supervision of:
Name: Clifton A. McClelland, Jr., Esq.
Potter, McClelland, Marks t Hasly, P.A.
Address: 700 S. Babcock Street, Suite 400
Melbourne, FL 32401
PARCEL I.D. NO.
Assignee's Taxpayer I.D.
SND �T N
ASSIGNMENT OF EASEMENTS E^GO•. FLA.
At THIS ASSI tME OF EASEMENTS ("Assignment") is made as of the
c�fq day of , ,- ZF , 1995, between THE CITY OF SEBASTIAN,
FLORIDA ("Assignor's), having its principal place of business at
1225 Main Street, Sebastian, Florida 32958 and INDIAN RIVER COUNTY,
FLORIDA ("Assignee"), having its principal place of business at
1840 25th Street, Vero Beach, Florida 32960.
W I T N E S S E T H:
ASSIGNOR, in consideration of Ten and N0/100 Dollars ($10.00)
and other good and valuable consideration paid by Assignee to
Assignor simultaneously herewith, the receipt and sufficiency of
which are hereby acknowledged, has sold, assigned, transferred, set
over and delivered, and by these presents does sell, assign,
transfer, set over and deliver to Assignee, and Assignee's
successors and assigns forever, Assignor's right, title and
interest, if any, in and to the easements which were obtained from
Atlantic Gulf Communities Corporation and General Development
Utilities, Inc. by Assignment of Easement dated December 14, 1993,
and recorded in O.R. Book 1000, Pages 0989 through 0991, Public
Records of Indian River County, Florida, located in Indian River
County, Florida (collectively, the "Easements"), to wit:
See Exhibit "A" attached hereto, and by this
reference made a part hereof.
SUBJECT TO:
1. Ad valorem real estate taxes and assessments for the year
1995 and subsequent years.
2. Restrictions set out in the recorded plats of
subdivisions covered by the Easements.
3. Restrictions, covenants, reservations and other matters
of record (except liens, encumbrances or mortgages) without the
intention of reimposing the same.
4. All laws, ordinances, governmental regulations,
(including, but not limited to, all applicable building, zoning,
land use and environmental ordinances and regulations),
restrictions, prohibitions and other requirements imposed by
governmental authority.
5. All matters which would be disclosed by an accurate
survey of the Easements.
6. The terms, covenants and provisions contained in the
Easements.
TO HAVE AND TO
i and assigns forever,
v provisions contained
forth below.
HOLD unto Assignee and Assignee's successors
subject, however, to the terms, covenants and
in the Easements, and the reservations set
ASSIGNEE hereby accepts the foregoing Assignment subject to:
(i) the obligations of Assignor under the Easements; (ii) all of
the terms, covenants and provisions contained in the Easements; and
(iii) the reservation set forth below.
C�
aJd1
C]
O
r,)
co
ASSIGNOR hereby reserves the right and privilege for itself
and its successors and/or assigns, to utilize the Easements in
common with Assignee; provided Assignor's use of the Easements does
not unreasonably interfere with Assignee's use, occupation or
enjoyment thereof.
IN WITNESS WHEREOF, the undersigned have executed and
delivered this Assignment as of the day and year first above
written.
Witness
Printed Name of Witness
itness
, AJI)e ft -j - td e ,(, (-r
Printed Name of Witness
Witness
Printed Name of Witness
w&r-ness
i11 r] 2.f{ it . Q c 12 S l( I
Printed Name of Witness
ASSIGNOR:
CITY OF SEBASTIAN, FLORIDA, a
Municipal corporation, by its
City Council
By:
Arthur L. Firtion,*;M yor
4s
(OFFICIAL SFiAI7r� ,
ATTEST:
—44, W00`1 A%;
Rathryh M. O'Hallorah; aiCMC%AAE
ASSIGNEE:
INDIAN RIVER COUNTY, FLORIDA,
a political subdivision of
the State of Florida
Ck
0
ATTEST':-—
If"
01611)0-61L,Name � c% � - • ���---
Title: CDS%k
fitness
'
Printed
Name of Witness
Q Q.,
dQ
Witness
Witness
46` 4
0. �LLE�C
Printed
Name of Witness
Witness
Printed Name of Witness
itness
, AJI)e ft -j - td e ,(, (-r
Printed Name of Witness
Witness
Printed Name of Witness
w&r-ness
i11 r] 2.f{ it . Q c 12 S l( I
Printed Name of Witness
ASSIGNOR:
CITY OF SEBASTIAN, FLORIDA, a
Municipal corporation, by its
City Council
By:
Arthur L. Firtion,*;M yor
4s
(OFFICIAL SFiAI7r� ,
ATTEST:
—44, W00`1 A%;
Rathryh M. O'Hallorah; aiCMC%AAE
ASSIGNEE:
INDIAN RIVER COUNTY, FLORIDA,
a political subdivision of
the State of Florida
Ck
0
ATTEST':-—
If"
01611)0-61L,Name � c% � - • ���---
Title: CDS%k
tness
Printed Name
of Witness
.Qhs
Witness
__
/}
J7� -/. �fe
Printed Name
of Witness
Witness
Printed Name of Witness
itness
, AJI)e ft -j - td e ,(, (-r
Printed Name of Witness
Witness
Printed Name of Witness
w&r-ness
i11 r] 2.f{ it . Q c 12 S l( I
Printed Name of Witness
ASSIGNOR:
CITY OF SEBASTIAN, FLORIDA, a
Municipal corporation, by its
City Council
By:
Arthur L. Firtion,*;M yor
4s
(OFFICIAL SFiAI7r� ,
ATTEST:
—44, W00`1 A%;
Rathryh M. O'Hallorah; aiCMC%AAE
ASSIGNEE:
INDIAN RIVER COUNTY, FLORIDA,
a political subdivision of
the State of Florida
Ck
0
ATTEST':-—
If"
01611)0-61L,Name � c% � - • ���---
Title: CDS%k
STATE OF FLORIDA §
COUNTY OF INDIAN RIVER
The foregoing Assignment of Easements was sworn to and
subscribed before me this _ day of September, 1995 by Arthur
L. Firtion, Mayor of the City of Sebastian and Kathryn M.
O'Halloran, CMC/AAE, on behalf of the City. Arthur L. Firtion and
Kathryn M. O'Halloran are personally known to me
au-.ident.it44D&tion. -and--d-id-~tadte-an--cat-h,
,''".,' OFFICIAL SEAL printed Name:
LEA ���
LEA R. KELLER
My Commission Expires Notary Public, State of Florida
'er May 15, 1996 At Large
,•ane' Comm. No. CC 194150. my Commission Expires:
Commission No.: 0 C 12/ lit
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing Assignment f Easements was sworn to and
subsc ibed before me this �s da o Sept mber, 1995 by
�� �Tff • a4• MRC/4 Tand J Q , as
C H kl Q / and
of INDIAN RIVER COUNTY, FLORIDA, o b half a�f the County.
�r/-/ P. MAC/,/ T` and .7 �• - 1) q12 771/V are -
personally known to me°e..
..R��n+ i f i rat- i nn "-��d—'take--a•Ll-•�alth
Printed Name:aLr+l /- /"5"L -Ek:
Notary Public, State of Florida
At Large
My Commission Ex i.res.
Commission No. • �� /r9�
•• ° •, UFFiCiAL Sf:AL
�s
6 w LEA R. hElL..i2
tJ My Comrr,ix: to . c.:;,i. es
May 15. .995
r••. OF Comm. Nu. CC 194154
•s... N
-44
4r
io
EXHIBIT "All
Grant of Easemox)L ley Tho City of :tObartian, Florida .in favor
of General L)avalopmrtit: lit tlitinr,, Tnc. recorded in official
Records Book 995, fit'. Nayo 323.
(;rant of Utility Easement by Atlantico Gulf Commnn.ities
Corporation in favor of General Deve>.lnpmont: Utilities, Ino.
recorded in offir..ial Rm ords llo(* 962, at'. Nage 7.854.
Grant of Ut-Ji ity Fasement by Atlantic Gulf Communities
Corporation All favor. of General Development Utilities, Tnc.
recorded in Official Records Book 962, at Page 2858.
Water Line Easement by Indian !fiver County School Di:st:ric:t in
favor of General nevelopmont Utilities, Inc. recorded in
official Records (hook '125, at: Page 600.
()coed of Faeement and Bill of Sale of Utility Facilities by
Indian River County School Board in favor of General
Development Utilities, Tnc. recorded in official Records Book
727, at Page 17:3.
Grant of Easement by Sebastian General Partnership, D.F.T. in
favor of General Development Utilities, Inc.. recorded :in
official Records Book 933, at Page 2263.
All recording references are to the Public Records of Indian
River County, Plor.ida.
IMMMIH II.Cb\111.11.1\11/Il/I)
rr
this instruaent prepared by or under the supervialm of:
Macre: Clifton A. McClell", Jr., Esq.
Potter, McClelland, Marks & Nealy, P.A.
Address: 700 S. Babcock Street, Suite 400 mme it som
Melbourne, Fl 32901
PARCEL I.D. NO. 200,6
S Or -
Assignee's Taxpayer I.D. # — ' TON
OURT
, FLA.
ASSIGNMENT OF PLAT AND OTHER BASEMENTS
THIS ASSIGNMENT OF P T E SEMENTS ("Assignment") is made as of
the 9g day of � Cnmkk) , 1995, between THE CITY OF
SEBASTIAN, FLORIDA ("A signore), having its principal place of
business at 1225 Main Street, Sebastian, Florida 32958 and INDIAN
RIVER COUNTY, FLORIDA ("Assignee's), having its principal place of
business at 1840 25th Street, Vero Beach, Florida 32960.
W I T N E S S E T H:
ASSIGNOR, in consideration of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration paid by Assignee to
Assignor simultaneously herewith, the receipt and sufficiency of
which are hereby acknowledged, has sold, assigned, transferred, set
over and delivered, and by these presents does sell, assign,
transfer, set over and deliver to Assignee, and Assignee's
successors and assigns forever, Assignor's right, title and
interest, if any, in and to those certain platted utility easements
located in INDIAN RIVER COUNTY, FLORIDA and described on those
certain plats set forth on Exhibit "A" attached hereto and by this
reference made a part hereof (the "Plat Easements's), which are
currently used by Assignor in the operation of the existing utility
system commonly known as the City of Sebastian Water and Sewer
System (the 11system") and which were obtained from Atlantic Gulf
Communities Corporation and General Development Utilities, Inc. by
Assignment of Plat and Other Easements dated December 14, 1993, and
recorded in O.R. Book 1000, Pages 0984 through 0988, Public Records
of Indian River County, Florida.
TO HAVE AND TO HOLD unto Assignee and Assignee's successors
and assigns forever, subject to the terms, covenants and provisions
contained in the Plats and the reservations set forth below.
ASSIGNEE hereby accepts the foregoing Assignment subject to:
(i) the obligations of Assignor under the Plat Easements; (ii) all
of the terms, covenants and provisions contained in the Plats; and
(iii) the reservation set forth below.
ASSIGNOR hereby reserves the right and privilege for itself
and its successors and/or assigns, to utilize the Plat Easements in
common with Assignee; provided Assignor's use of the Plat Easements
does not unreasonably interfere with Assignee's use, occupation or
enjoyment thereof.
IN WITNESS WHEREOF, the undersigned have executed and
delivered this Assignment as of the day and year first above
written.
W` ness J
Printed Name of W'tness
Witness
C Printed Name of Witness
a
,JUM AITTORNEY,s OFFICE
tlNDIAN RIyrR C0144TY
I€40 r}� rlrtnt
ASSIGNOR:
CITY OF SEBASTIAN, FLORIDA, a
Municipal corporation, by its
City Council
By:
Arthur L. Firtion, Mayor
to
CD
M
C>
IV
CD
CID
W nese
Printed Name of Witness
�«
Witness
Printed Name of Witness
w P-. �qe�
Witness
�-Fi4 t2- gel -L612
Printed Name
pof, Witness
fitness
Su-, &,u k-,
Printed Name of Witness
�"
Witness
Pri ted Name of Witness
Witness
\�/l lvilia L. 1A 1 r, ck r
Printed Name of Witnbss
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
(0pridIAL 91
ATTBST 3 ,
Kg'kah M." fd� alloran, CMC/AAE
ASSIGNEE:
INDIAN RIVER COUNTY, FLORIDA,
a political subdivision of
the State of Florida
C
By:
off.
r .
(OFFICIAL SF,AL)^:-'
l-0,
Name •
Title: Gl e.r K
The foregoing Assignment of Pla and Other Easements was sworn
to and subscribed before me this day of September, 1995 by
Arthur L. Firtion, Mayor of the City of Sebastian and Kathryn M.
O'Halloran, CMC/AAE, on behalf of the City. Arthur L. Firtion and
Kathryn M. O'Halloran are personally known to me-er<haue--predueed--
---as---i-dent cation—and--did-_take--an oath-:
Printed Name:a--
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.: c? a,
•�;,; �.
OFFICIAL SEAL
LEA R. KELLER
My Commission Expires
�',;rfo„icl";•'9
May 15, 1996
Comm. No. CC 194154
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing Assignment of Plat and Other Easements was sworn
to and subscribed before me this v dayy,''of September, 1999 by
Ar,4JA)A77— d aE'. ^Rc1-1 r- and _ f'� , as
HATeM.4 and _ .t E -R
of INDIAN RIVER COUNTY, FLORIDA, �on behalf of the County.
,ig',L) A)FTN 112. 1n11, -t17- and T W row are
personally known to me -ex-have-pro'tinze&
tion._ati�ld_i_ci take an oath.
Printed Name:k&12 — fiFI-t-E-L
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.: ac- lrld l.D/
/�
•'"'
OFFICIAL SEAL
LEA R. KELLER
My Commission E---pi-les
;•,y
May 15, 1995
Comm, No. CC 194154
4i l
40
®)
CXt-1RLT A
Sebastian Nlghlonds - List of Plots Boing
QML4
7
0►
6
8
b
9 through 14
9.
6
36 & 36A
9
7
2
1
a
71
10
6
37, 37 A through 37 0
71
7
56, 56 A throu,0!> 56 L
12
7
57 & 57A
14
g
43, 43 A through 43 l;
15
$
44, 44 A through 44 U
16
i1
45, 45 A through 45 J
17
8
46, 46 A through 46 P
"J
Confirming (Third Reso.)
1/5/94(ENG)RES3.MAG\gfk
RESOLUTION NO. 95--`1Q3__
A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING
THE ASSESSMENT ROLL FOR CERTAIN PAVING AND
DRAINAGE IMPROVEMENTS TO 130TH AVENUE (WILLOW
STREET) FROM CR512 SOUTH TO 77TH STREET/DITCH
24. APPROXIMATE LENGTH 2.21 MILES
WHEREAS, the Board of County Commissioners of Indian River
County adopted Resolution No. 95-96, providing for certain
paving and drainage improvements to 130th Avenue (Willow
Street) from CR512 south to 77th Street/Ditch 24, approximate
length 2.21 miles; and
WHEREAS, said resolution described the manner in which the
special assessments are to be made and how the special
n
nill-
1! 1
7J �7 frl yi Q
<s!' m
XC�p to
r> 7, y
4N
T_'11 r
C7'1
assessments are to be paid; and
WHEREAS, the resolution was published as required by
Section 206.06, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County passed Resolution No. 95-97, on August 22, 1995, which
set a time and place for a public hearing at which the owners
of the properties to be assessed and other interested persons
would have the chance to be heard as to any and all complaints
as to said project and said special assessments, 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 Vero Beach Press Journal
Newspaper on August 30, 1995 , and September 5, 1995, (twice
one week apart, and 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
1
This document was prepared by aril shadd be returned to the County "ineer's Office, 1840 25th street, Vero
Reach, Ft. 32960