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Home My WebLink About2015-0373120150015374 Public Hearing (Third Reso.) RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK 2830 PG 590 Page 1 of 8 3/13/2015 3'28 PM RESOLUTION NO. 2015- 037 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN EXTENSION FROM 13580 TO AND INCLUDING 13635 NORTH INDIAN RIVER DRIVE (ALSO KNOWN AS RIVERSIDE DRIVE) IN INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, in 2006 the Board of County Commissioners contemplated an assessment project to provide water along Indian River Drive from North U.S. 1 to just south of 129th Place, however the project did not move forward due to the lack of support from the property owners at the public hearing; and WHEREAS, in 2012 a petition signed by 8 property owners out of 10 in favor of a water assessment project to run from 13580 to 13635 North Indian River Drive was presented to the Board, and WHEREAS, an additional property owner located approximately 350 feet north of the petition area requested to be included in the water assessment project, thus the area changed to encompass the properties from 13580 to and including 13680 North Indian River Drive, with the number of benefited properties therefore changing from 10 to 17, with a total of 11 property owners in favor of the project; and WHEREAS, the Board of County Commissioners of Indian River County ("Board") has, by Resolution No. 2015-003 adopted on January 6, 2015, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") from 13580 to and including 13680 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida ("the Assessment Area"); and WHEREAS, Resolution No. 2015-003 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. 2015-003 was published in the Indian River Press Journal on January 26, 2015, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2015-004, adopted by the Board on January 6, 2015, 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 RESOLUTION NO. 2015- n,17 WHEREAS, notice of the time and place of the public hearing was published in the Indian River Press Journal on Tuesday, February 24, 2015, and on Tuesday, March 3, 2015 (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 on January 8, 2015 (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 10, 2015, 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; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows.- 1. ollows:1. The foregoing recitals are affirmed and ratified in their entirety. 2. Based upon all of the information that had been presented throughout the entire process, the Assessment Area is reduced from 17 properties to the original 10 properties, encompassing the area from 13580 to and including 13635 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida ("Revised Assessment Area"). 3. The special assessments imposed for the Assessment Project against the specially benefited properties in the Revised 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 upon and 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 Revised 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 Revised Assessment Area. 4. The special assessment imposed per parcel is in the amount of $5,845.74, and shall be due and payable and may be paid in full without interest within 90 days after the date of the passage of the as -built resolution by the Board. The as -built resolution occurs after completion of the improvements. If not paid in full within the 90 -day period from the passage of the as -built resolution, then the special assessment may be paid in ten equal yearly installments of principal plus interest; said interest rate to be determined by the Board when the improvements are completed. 5. The Board hereby finds and determines that the special assessments imposed in accordance with this Resolution and Resolution Nos. 2015-003 and 2015-004 provide an equitable method of RESOLUTION NO. 2015- 037 funding the construction of the Assessment Project based upon the current uses, sizes, zoning and development potential of the parcels which are equally benefited by the provision of water, and thus the allocation of the assessment will be equal per parcel as described in Resolution No. 2015-003. 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 Flescher , and the motion was seconded by Commissioner Zorc and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Ave Vice Chairman Bob Solari Aye Commissioner Joseph E. Flescher Aye Commissioner Tim Zorc Aye Commissioner Peter D. O'Bryan Aye The Chairman thereupon declared the resolution duly passed and adopted this 10th day of March, 2015. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller ByQe,�u. GoQ�e� ( fie-) Deputy Clerk Approved as to form and legal 6ncy: J By r. Dy an Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Da s, hairman Attachment: Exhibit "A" - Assessment Roll (to be recorded on Public Records) PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel # 30-38-25-00000-0050-00009.0 Assessment = $5,845.74 Owner JOLLEY, SAMUEL E Secondary Owner Mailing Address 13590 INDIAN RIVER DR SEBASTIAN, FL 32958 Legal FROM AN IRON PIPE ON THE N EDGE OF THE PAVING OF THE ROAD LEADING FROM STATE R# 4 TO THE TOWN OF ROSELAND; & ON THE CENTERLINE OF OLD DIXIE HWY; RUN S 20 DEG 08 MIN E ALONG THE CENTERLINE OF THE OLD DIXIE HWY A DIST OF 1270.1 FT MORE OR LESS; THENCE RUN N 59 DEG 09 MIN E A DIST OF 25 FT TO THE NW COR OF LOT 8; INLET VIEW SUB; THENCE CONT N 59 DEG 09 MIN E ALONG THE N LINE OF SAID LOT 8 A DIST OF 244.4 FT TO THE POB; THENCE RUN A LONG THE SAME BEARING & ALONG THE N LINE OF LOT 6 OF INLET VIEW SUB TO A POINT ON THE W R/W LINE OU S HWY # 1; THENC E RUN NWLY & ALONG THE W R/W LINE OF U S HWY # 1108.38 FT; THENCE RUN S59 DEG 09 MIN W & PARALLEL TO THE N LINE OF LOT 6 A DIST OF 209 FT THENCE RUN SELYTOTHE POB;(OR BK 488 PP 889) Site Address 13615 & 13625 N INDIAN RIVER DR Parcel # 30-38-25-00000-0050-00010.0 Assessment = $5,845.74 Owner GAFFNEY, JOHN D Secondary Owner Mailing Address 13620 N INDIAN RIVER DR SEBASTIAN, FL 32958 Legal SELY 100 FT OF PART OF LOTS 5 & 7; LYING E OF OLD D/H AS IN D BK 42; PP 479; LYING E OF U S HWY - NO 1; AS IN D BK 83; PP 131 Site Address 13620 & 13622 N INDIAN RIVER DR EXHIBIT "A" PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE 10 LOTS Parcel # 30-38-25-00000-0050-00011.0 Assessment $5,845.74 Owner INDIAN RIDGE CORPORATION, Secondary Owner �dd|mommxwmox Mailing ��,e�� 13590 SEBASTIAN, rLszo»n Legal ALL AuoFTHE muDES PROPERTY LYING WILY o pOLD oSnwnwz(NKA RIVERSIDE ox):COM xrmvIRON PIPE om THE wEDGE npTHE pAv /wsoFTHE noLEADING FROM rrnowo4ro THE nmwoFxosELAwomowTHE CENTERLINE oFTHE OLD DIXIE *wYRUN szoDEG nnm| wooSEC cALONG THE CENTERLINE npTHE OLD DIXIE xW,xDIST nrz000a3FT; TnRUN wsyDEG wsm/ munSEC cADIST o+z � zS.snpTFOR THE POB; niRUN wepDEG my__ MIN noSEC croTHE INDIAN RIVER (FOR w RUN WLY ALONG THE mrnx � - PIT owTHE wSHORE npTHE mWHICH WOULD BE AmST OF98.38 FTFROM THE PREVIOUS PT MEASURED owxu NE PARA TnTHE cswTsRu INE opOLD mmWY #1mIT EXIST uwTHE . -- DATE OFTHIS DEED (RIVERSIDE DR ROUTE); TH RUN S 59 DEG 09 MIN ooSEC vvroTHE c ao,LINE oFOLD osxvvvn1;aWHICH rru yu.sorrssoFROM woLINE nFSAID PROPERTY MEASURED ALO wsTHE En/WLINE npo u`uoxvvvw1;r*RUN wwLY ALONG THE c / vvLINE opOLD usxwvwzADIST oFusxpTT*now�soocs | � _ nym/wonoavvToAp rWHICH o20o.00prWm`THE wR/wLINE - oposxw,w1;TxRUN wvvoomALINE PARA WITH THE vvx/WL ----- |wcormommWY #1 A DIST OF 90.00 FTmTHE POB Site Address zaos5&za»s7wINDIAN RIVER nn Parcel # 30-38-25-00000-0050-00012.0 Assessment $5,84S.74 Owner nLEs'RALPH uSALLY Secondary Owner Mailing Addeo � 1ssmwINDIAN RIVER ox SEBASTIAN, p/a2osu Legal wox.aorropTHAT PART LYING BETWEEN OLD usHIGHWAY wnzmRIVER; BEING pAxorLOTS sn`7;m/ �----- wscorOLD o/x*ox '--' -- axo;PIP zywaxuxzooPIP oar Site Address zsssnwINDIAN RIVER nx PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel # 30-38-2 5-0000-0070-00001.0 Ao,omem~ $5,845.74 Owner COmmvARMS LLC, Secondary Owner Mailing Address no2EAST moscWnoosr ORLANDO, n3zuos Legal FROM pnomINTERSECTION opsLINE nrINLET v|cvvsuuasn/wuwcopoLosn�cnowos; AunxwovvwA sRIVER ROAD; RUN scoALONG SAID cx/WADIST nFoumnr THENCE ELY mPARALLEL TnsLINE opINLET VIEW SUB rovvBAN xnpIND mV;THENCE ._ MEANDERING wwoALONG SAID IND xwros � LINE orINLET VIEW SUB; THENCE vvu/AuowsAmsLINE op|wL ---crVIEW SUB rncn/w -- — �------|— - — -- oFo�usT�rcxowo��ooxwo�w�aTVc - - — ---� --'T---- - � —�-- ---'— -- ' - -- --r— —� ----�--' m�n��mmc��^ax�oo�me��n pwmn*aoso�/mxux . � zm�mw --_-__- Sit ress 13580 N INDIAN RIVER DR Parcel # 30-38-2 5-00004-0000-00006.0 Assessment $5,84:.74 Owner Fowwcu,/oo/A(Tn) _ Secondary Owner Mailing Address 468569rnsr � vcnnuc«cx FL 32967 Legalpu�op/wurv�wsuooxxoow � | _ LOT 6,LYING waopusxwvz__ PBI 2-64 Site Address 13605 N INDIAN RIVER DR VuVm/` �.^�m'^^w"u�'.. 3 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel# 30-38-25-00004-0000-00006.1 Assessment= $5,845.74 Owner MCELVEEN, STEPHEN A (TR) & KAREN S (TR) Secondary Owner MCELVEEN, STEPHEN A & KAREN S (TR) Mailing Address 13600 N INDIAN RIVER DR SEBASTIAN, FL 32958 Legal PLAT OF INLET VIEW SUBDIVISION INLET VIEW SUB PBI 2-64 PARCEL OF LAND .... _ _ BETWEEN U S HWY NO 1 & IND RIV BOUNDED ON N & S BY EXTENS ION OF N & S LINES OF LOT 6 TO IND RIV; ALSO BEGAT PT ON E T IND RIV; ALSO BEG AT PT ON E BDRY LINE OF US NO 1 WHERE SAID BDRY LINE IS INTERSECTED BY N LINE OF LOT 7 THENCE RUN SELY ALONG E BDRY LINE OF SAID HWY 61.5 FT; THENCE NE LY ON LINE PARALLEL TO EXTENDED N LINE OF LOT 7 TO IND RIV; THENCE NWLY ALONG RIV SHORE TO NE COR OF EXTENDED N LINE O Site Address F LOT 7; THENCE SWLY 0 EXTENDED LINE OF SAID LOT 7 TO POB; AS IN R BK 171 PP 411 & 413 & R BK 181 PP 395 ALSO PARCEL OF LAND AS DESC IN R BK 197 PP 152 & LESS FOLL DESC PROP; COM A T E R/W ST RD #5 A/K/A OLD US HWY 41 & N LINE LOT 6; TH S 32 DEG 56 MIN 30 SEC E ALONG ELY R/W LINE ST RD #5 DIST OF 75. 05 FT TO POB; TH CONT S 32 DEG 56 MIN 30 SEC E 81.85 FT TO A 3/4 INCH IRON PIPE; TH PROCEED N 59 DEG 24 MIN 30 SEC E 62. 00 FT TO A 4 INCH X 4 INCH CONCRETE MONUMENT; TH N 65 DEG 55 MIN 30 SEC E 155.00 FT; TH N 32 DEG 57 MIN 13 SEC W 76.78 F T; TH S 65 DEG 22 MIN 39 SEC W 217.26 FT TO POB. Site Address 13608 & 13610 N INDIAN RIVER DR Parcel # 30-38-25-00004-0000-00006.2 Assessment = $5,845.74 Owner MCELVEEN, STEPHEN A (LE) & KAREN 5 (LE) Secondary Owner MCELVEEN, STEPHEN A & KAREN S (TR) Mailing Address 13600 N INDIAN RIVER DR SEBASTIAN, FL 32958-3435 Legal PLAT OF INLET VIEW SUBDIVISION PBI 2-64 COM AT E R/W ST RD #5 A/K/A OLD US HWY #1 & N LINE LOT 6; TH S 32 DEG 56 MIN 30 SEC E ALO NG ELY R/W LINE ST RD #5 DIST OF 75.05 FT TO POB; TH CONT S 32 DEG 56 MIN 30 SEC E 81.85 FT TO A 3/4 INCH IRON PIPE; TH PROCEED N 59 DEG 24 MI N 30 SEC E 62.00 FT TO A 4 INCH X 4 INCH CONCRETE MONUMENT; TH N 65 DEG 55 MIN 30 SEC E 155.00 FT; TH N 32 DEG 57 MIN 13 _----- SEC W 76.78 FT; TH S 65 DEG 22 MIN 39 5 ....._... _ .....__ EC W 217.26 FT TO -POB. Site Address 13600 & 13602 N INDIAN RIVER DR 3/1.0; 20th. 4 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel # 30-38-25-00004-0000-00007.0 Assessment = $5,845.74 Owner DOUBLE R & D INC, Secondary Owner Mailing Address C/O CAROL HESS 1335 SHORELINE CIRCLE SEBASTIAN, FL 32958 Legal PLAT OF INLET VIEW SUBDIVISION LOT 7, LYING WLY OF US HWY 1 PBI 2-64 Site Address 13595 N INDIAN RIVER DR Parcel # 30-38-25-00004-0000-00007.1 Assessment = $5,845.74 Owner JOLLEY, SAMUEL E & RUTH ANN Secondary Owner Mailing Address 13590 N INDIAN RIVER DR SEBASTIAN, FL 32958 Legal PLAT OF INLET VIEW SUBDIVISION PBI 2-64 PAR OF LAND BTW US HWY 1 & IND RIV BNDED ON N & S BY EXT OF N -S LINE OF LOT 7 TO IND RIV LESS BOONE, ALSO PARC DESC IN OR BK 201 PP 64 (OR BK 423 PP 55 1) Site Address 13590 N INDIAN RIVER DR