HomeMy WebLinkAbout2020-111 3120210030530
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH. CLERK OF COURT
INDIAN RIVER COUNTY FL
Public Hearing(Third Resolution) BK: 3415 PG: 2339 Page 1 of 8 4/29/2021 1 26 PM
RESOLUTION NO. 2020- 111
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN
CONNECTION WITH A WATER MAIN EXTENSION FROM 58th AVENUE TO
34TH STREET, INCLUDING 58T" COURT AND 34TH LANE WITHIN SHADOW
BROOK SUBDIVISION AND CERTAIN SPECIALLY BENEFITED PROPERTIES
ABUTTING 34TH STREET, 58TH COURT AND 34TH LANE, LOCATED WITHIN
UNINCORPORATED, 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. 2020-091 adopted on October 20, 2020, determined to make special assessments against
certain properties to be specially benefited and serviced by a water main extension("Assessment Project")
from 58th Avenue to 34th Street, including 58th Court and 34th Lane within Shadow Brook Subdivision and
certain specially benefited properties abutting 34th Street, 58' Court and 34th Lane, located within
unincorporated, Indian River County, Florida ("the Assessment Area"); and
WHEREAS, Resolution No. 2020-091 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.2020-091 was published in the Indian River Press Journal on November
17, 2020, as required by Section 206.04, Indian River County Code; and
WHEREAS, Resolution No. 2020-092, adopted by the Board on October 20, 2020, 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 the propriety and advisability of making the improvements, if not already made, the cost
thereof,the manner of payment therefor and the amount to be assessed against each property, 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 Indian River
Press Journal on November 17, 2020 and on December 1, 2020 (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 October 20,2020(at least ten days
prior to the hearing),as required by Section 206.06, Indian River County Code;and
WHEREAS, the Board, on Tuesday, December 8, 2020, 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:
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 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 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 special assessment imposed per parcel is in the amount of $8,400.00, 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.
4. The Board hereby finds and determines that the special assessments imposed in accordance with this
Resolution and Resolution Nos. 2020-091 and 2020-092 provide an equitable method of 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.2020-091.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 Peter D. O'Bryan , and the
motion was seconded by Commissioner Joseph E. Flescher and, upon being put to a
vote, the vote was as follows
Chairman Joseph E. Flescher AYE
Vice Chairman Peter D. O'Bryan AYE
Commissioner Susan Adams AYE
Commissioner Laura Moss AYE
Commissioner Joe Earman AYE
The Chairman thereupon declared the resolution duly passed and adopted this 8th day of December,
2020.
Attest:Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSIONERS
Cour a Comptrolle INDIAN RIVER COUNTY, FLORIDA
...........................
`•
By: a 1�N By: 'w�' './°�.%:
eputy Clerk Jos ph E. Flesch r, Chairman ;*
.'`.
Approved as to form and legal sufficiency: cgCOUNTV•:".'
By:
an Reingold, County Attorney
INDIAN RIVER COUNTY—DEPARTMENT OF UTILITY SERVICES Exhibit A ""Y"''ti
SHADOW BROOK SUBDIVISION -PROPOSED WATER ASSESSMENT PROJECT ,.,
hiwre""
ASSESSMENT ROLL—RESOLUTION 3
Parcel# 32393200010000000008.0 Assessment= $8,400.00
Owner WILLOBY,JAMES ANDREW
Secondary Owner WILLOBY,ALISA
Mailing Address 5835 34TH STREET
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION LOT 8&TRACT A PBI 9-17
Date Revised
Site Address 5835 34TH ST 11/20/2020
Parcel# 32393200010000000009.0 Assessment= $8,400.00
Owner LEWIS,JESSE E
Secondary Owner
Mailing Address 5845 34TH ST
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION LOT 9 PBI 9-17
Date Revised
Site Address 5845 34TH ST 11/20/2020
Parcel# 32393200010000000010.0 Assessment= $8,400.00
Owner GADD,WILLIAM G& DOROTHY R
Secondary Owner
Mailing Address 5855 34TH ST
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION PBI 9-17 LOT 10 LESS AND EXCEPT THE
FOLLOWING: BEG AT A POINT ON THE N LINE OF LOT 10 AND 107.64
FT W OF THE NE COR OF LOT 10; TH RUN S 49 DEG 28 MIN 09 SEC
W A DIS OF 76.18 FT TO THE E LINE OF SAID LOT 11 TH RUN N ALONG
THEE LINE A DIS OF 40 FT TH RUN N 68 DEG 13 MIN 29 SEC E A DIS
OF 24.47 FT TO THE N LINE OF LOT 11
TH RUN E ALONG THE N LINE OF LOT 10 A DIS OF 35 FT TO THE POB
Date Revised
Site Address 5855 34TH ST 11/20/2020
Page 1
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F:\Utilities\UTILITY-Engineering\Projects Assessment
Pr-je�r:�n0 _,,,mints i0?0\ bd=vi;inn\Admin\BCC Items\2020-1208 Resolut,on 3\02_PreliminaryAssessmentRoll_RESOLUTION_3_ShadowBrookSubdrilsion.docx
Tuesday,November 24,2020
'INDIAN RIVER COUNTY— DEPARTMENT OF UTILITY SERVICES Exhibit A
SHADOW BROOK SUBDIVISION - PROPOSED WATER ASSESSMENT PROJECTAf
. ,
ASSESSMENT ROLL—RESOLUTION 3 0.00‘
Parcel# 32393200010000000010.1 Assessment= $8,400.00
Owner HATALA, LEONARD J (TR) (1/2)(TOK)
Secondary Owner HATALA,CONSTANCE C(TR) (1/2)(TOK) L,".
Mailing Address 5865 34TH ST
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 PART
OF LOT 10 DESC IN 0
R BK 568 PP 1162&ALL LOT 11
Date Revised
Site Address 5865 34TH ST 11/20/2020
Parcel# 32393200010000000012.0 Assessment= $8,400.00
Owner JAKUBOWICZ,STANLEY MARK& BOBBI JO
Secondary Owner
Mailing Address 5875 34TH ST
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION LOT 12 PBI 9-17
Date Revised
Site Address 5875 34TH ST 11/20/2020
Parcel# 32393200010000000013.0 Assessment= $8,400.00
Owner CHERRY, LARRY LAVERNE
Secondary Owner
Mailing Address 5860 34TH ST
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION LOT 13 PBI 9-17
Date Revised
Site Address 5860 34TH ST 11/20/2020
Page 2
F-\Ubiities\UTILITY-Endineenr g\Projects-Assessment
rojects\000Assessments_2020\ShadowBrookSubdivision\Admin\BCC Items\2020- '.O8 Resolution 3\02_Prelim,naryAssessmentRoll_RESOLUTION_3_ShadowBrookSubdivision.docx
Tuesday,November 24,2020
INDIAN RIVER COUNTY-- DEPARTMENT OF UTILITY SERVICES Exhibit A
SHADOW BROOK SUBDIVISION - PROPOSED WATER ASSESSMENT PROJECT IVES,
Fr U1t1�
ASSESSMENT ROLL— RESOLUTION 3
Parcel# 32393200010000000014.0 Assessment= $8,400.00
Owner YOUNG,THOMAS R&JULIANA K
Secondary Owner
Mailing Address 5865 34TH LN
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PSI 9-17 LOT 14
LESS PARCEL DESC
IN OR BK 560 PP 2181
Date Revised
Site Address 5865 34TH LN 11/20/2020
Parcel# 32393200010000000014.1 Assessment= $8,400.00
Owner TAYLOR,JANICE L
Secondary Owner WEBER, ROBERT B
Mailing Address 2617 NE 11TH CT
FORT LAUDERDALE FL 33304
Legal SHADOW BROOK SUB PBI 9-17 THAT PART OF LOT 15 DESC AS FOLLS:BEG AT THE NW
COR OF SAID LOT 15;TH RUN E ALONG THE N LINE A DIST OF 42.48 FT; TH WITH A
DEFLECTED ANGLE OF
45 DEG 56 MIN 10 SEC TO THE RIGHT RUN A DIST OF 316.75 FEET;TH RUN ALONG THE
ARC OF A CURVE,BEING CONCAVE TO THE SE,HAVING A RAD OF 40 FT,A DIST OF 99.31
FT;FEET,TH RUN ALONG THE ARC OF
TH RUN SW'LY TO THE SW COROF SAID LOT 15 A DIST OF 193.90 FT;TH RUN N ALONG
THE W LINE OF LOT 15 A DIST 0 F 265.00 FT TO THE POB;TOG WITH THAT PART OF LOT
14 BEING MORE PART DESC AS FOLLS:
BEG AT THE NW COR OF LOT 14,SHADOW BROOK SUB;TH RUN S ALONG THE W LINE
OFSAID LOT 14 A DIST OF 13.00 FT TH WITHA DEFLECTED ANGLE OF 88 DEG 57 MIN 55
SE C TO THE LEFT RUN 206.58 FT
TO A PT ON ACURVE HAVING A RAD OF 40 FT AND CONCAVETO THE NE;TH RUN
ALONG THE ARC OF SAID CURVE A DIST OF 31.00 FT TO THE NE COROF SAID LOT 14;
TH RUN W ALONG THE N LINE OF LOT 14 A DIST OF 193.90 FT TO THE P OB." Date Revised
Site Address 587034TH LN 11/20/2020
Parcel# 32393200010000000015.0 Assessment= $8,400.00
Owner MEDLOCK,JAMES E&KATHY B
Secondary Owner
Mailing Address 5860 34TH LN
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 LOT 15
LESS PARCEL DESC
IN OR BK 560 PP 2186&W 24.43 FT OF LOT 16
Date Revised
Site Address 5860 34TH LN 11/20/2020
Page 3 ----'
F'\Utilities\UTILITY-Engineering\Projects-Assessment
)02nm,ch,,10,,,,:a,:,,,q;ki hdh,k;o n'Ain,In\BCC Items\2020-1208 Resolution 3\02_PrehminaryAssessmentRoll_RESOLUTION_3_ShadowBrookSubdiv$sion.docx
Tuesday,November 24,2020
Y y,
INDIAN RIVER COUNTY—DEPARTMENT OF UTILITY SERVICES Exhibit A
SHADOW BROOK SUBDIVISION - PROPOSED WATER ASSESSMENT PROJECT
ASSESSMENT ROLL— RESOLUTION 3
Parcel# 32393200010000000016.0 Assessment= $8,400.00
Owner 5850 34TH LN, LLC
Secondary Owner
Mailing Address 925 12TH STREET
VERO BEACH FL 32960
Legal SHADOW BROOK SUBDIVISION LOT 16 LESS W 24.43 FT PBI 9-17
Date Revised
Site Address 5850 34TH LN 11/20/2020
Parcel# 32393200010000000017.0 Assessment= $8,400.00
Owner LOPEZ,AMILCAR&SUSAN
Secondary Owner
Mailing Address 5840 34TH LN
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION LOT 17 PBI 9-17
Date Revised
Site Address 5840 34TH LN 11/20/2020
Parcel# 32393200010000000020.0 Assessment= $8,400.00
Owner TODD, RICHARD C JR
Secondary Owner
Mailing Address 9696 MIDDLE FORD RD
BLOWING ROCK NC 28605
Legal SHADOW BROOK SUBDIVISION LOT 20 PBI 9-17
Date Revised
Site Address 3426 58TH CT 11/20/2020
Page 4
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E.\Utilities\UTILITY Engineering\Projects-Assessment
olects\000Assessments2020\Shadow8rookSubdivision\Admin\BCC Items\2020-1208 Resolution 3\02_PrelfminaryessessmentRoll_RESOLUTION_3_ShadowBrookSubdivision.docx
Tuesday,November 24,2020
INDIAN RIVER COUNTY—DEPARTMENT OF UTILITY SERVICES Exhibit A fOt
SHADOW BROOK SUBDIVISION - PROPOSED WATER ASSESSMENT PROJECT . .r
ASSESSMENT ROLL—RESOLUTION 3
Parcel# 32393200010000000022.0 Assessment= $8,400.00
Owner MCCORMICK, FRANK G&MAUREEN M
Secondary Owner Ctr
Mailing Address 5845 34TH LN
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION LOT 22 PBI 9-17
Date Revised
Site Address 5845 34TH LN 11/20/2020
Parcel# 32393200010000000023.0 Assessment= $8,400.00
Owner THOREN, MARC R& BARBARA
Secondary Owner
Mailing Address 3425 58TH CT
VERO BEACH FL 32966
Legal SHADOW BROOK SUBDIVISION LOT 23 PBI 9-17
Date Revised
Site Address 3425 58TH CT 11/20/2020
Parcel# 32393200010000000024.0 Assessment= $8,400.00
Owner THELK, LOUIS J (TR)&WINIFRED B(TR)
Secondary Owner
Mailing Address PO BOX 2914
VERO BEACH FL 32961
Legal SHADOW BROOK SUBDIVISION LOT 24 PBI 9-17
Date Revised
Site Address 5850 34TH ST 11/20/2020
-111 4
3
Page 5
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t:`.0!J�.a<sec<m� �0?0`,Sl ari F,roo'<Aibdivision\Admin\BCC Items\2020-1208 Resolution 3\02_PreliminaryAssessmentRoll_RESOLUTION_3_ShadowBrookSuhcliveion.docx
Tuesday,November 24,2020