HomeMy WebLinkAbout1992-008.. Suilt , (lourth Reno.)
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RESOLUTION NO. 92- 08
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING
"AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO 39TH AVENUE BETWEEN 6TH STREET AND
8TH STREET, DESIGNATED AS PROJECT NO. 8911, AND
OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT;
PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR
PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian
River County determined that the improvements described herein
specially benefited the property located within the boundaries as
described in this title, designated as Project No. 8911, are in
the public interest and promote the public welfare of the county;
and
WHEREAS, on January 29, 1991, the Board held a public
hearing in the Commission Chambers at which time the owners of
the property to be assessed were afforded an opportunity to
appear before the Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 91-12, which confirmed the
special assessment cost of the project to the property specially
benefited by the project in the amounts listed in an attachment
to that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
$17.97 per front foot, which is less than $21.89 per front foot
in the confirming Resolution No. 91-12,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolution No. 91-12 is modified as follows: The
completion date for Project No. 8911 is declared to be
January 14 , 1992, and the last day that payment may be made
avoiding interest and penalty charges is ninety (90) days after
passage of this resolution.
2. Payments bearing interest at the rate of 9A% per
annum may be made in two equal installments, the first to be made
twelve (12) months from the due date and the
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No. 92- 08
subsequent payments to be due yearly from the due date. The due
date is ninety (90) days after the passage of this resolution.
3. The final assessment roll for said project is as set
forth in attached Exhibit "A".
4. The assessments as shown in attached Exhibit "All shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown in attached Exhibit "A" will be
recorded by the County on the public records of Indian River
County, and the lien shall constitute prima facie evidence of its
validity.
This resolution was moved for adoption by Commissioner
Scurlock , and the motion was seconded by
Commissioner Wheeler and, upon being put
to a vote, the vote was as follows:
Commissioner Richard N. Bird
Aye
Commissioner Gary C. Wheeler
Aye
Commissioner Don C. Scurlock, Jr.
Aye
Commissioner Carolyn K. Eggert
Aye
Commissioner Margaret C. Bowman
Aye
The Chairman thereupon declared
the resolution duly
passed and adopted this 14 day of
January
19 92.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
Carolyn
Eggert
Chairma
Attest:
JEFFREYY BAR N,
Clerk a ti'.Ieil.�t.�,�
199.2- Appr;ved 1
adman
Legal
Budget
Eng
Depl
1 Risk Mgr. .
Attachment: Exhibit "A"
39thave.res
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1/92(RESO)LEGAL(WGC/nhm)
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r ianavLVIWIN NU. 82- Vy
A RESOLUTION OF THE BOARD OF COUNTY
COMM SSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE RELEASE OF A PLAT
RESTRICTION AND ANNULLING A PORTION OF A
PLAT DEDICATION FOR GRAND HARBOR PLAT 1
AS RECORDED AT PLAT BOOK 12, PAGE 82,
PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
WHEREAS, Grand Harbor - Plat i was platted and recorded
April 8, 1988 at Plat Book 12, Page 62 of the Public Records of Indian
River County, Florida, and
WHEREAS, the said Grand Harbor - Plat 1 had dedicated the
stormwater management tracts in the Certificate of Dedication,
paragraph 3, and had made the perpetual maintenance of the water
management tracts an obligation of Grand Harbor Community
Association, Inc., and
WHEREAS, Grand Harbor - Plat 3 - PRD was platted and
recorded on October 12, 1988 at Plat Book 12, Page 82 of the Public
Records of Indian River County, Florida, and
WHEREAS, Grand Harbor - Plat 3 - PRD is, in part, a replat
of Grand Harbor - Plat 1, which replatted portion had been shown as a
water management tract, and
WHEREAS, GHA Newport, Inc. is the owner and developer of
Grand Harbor - Plat 3 - PRD and is desirous of removing the plat
restriction for use as a water management tract on the portion of Plat 3
- PRD which was replatted from Grand Harbor - Plat 1 and is shown as
the outlined portion of Exhibit "A" attached hereto, and
WHEREAS, the Board of County Commissioners has determined
that the annulment of the dedication for the portion of the plat depicted
in Exhibit "A" will neither materially affect the right of convenient
access to lots previously conveyed under the plat of Grand Harbor -
Plat 1, nor affect the proper functioning of the stormwater management
tract;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. That portion of Grand Harbor - Plat 1 shown as a water
management tract which was replatted as a portion of Grand Harbor -
1