HomeMy WebLinkAbout1986-088RESOLUTION NO. 86-88
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENTS TO THE ROADS
IN THE SOUTH HALF OF ERCILDOUNE HEIGHTS
SUBDIVISION, 140TH, 141ST, 142ND, AND
PORTIONS OF 143RD STREETS, 79TH, 80TH
AND 81ST AVENUES; PROVIDING THE TOTAL
ESTIMATED COST, METHOD OF PAYMENT OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALL-
MENTS AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
WHEREAS, the County Public Works Division has
received public improvement petitions, signed by more than 2/3 of
the owners of property in a portion of the area to be specially
benefited, requesting paving and drainage improvements to 140th,
141st, 142nd, and portions of 143rd Streets, 142nd Way, 79th, 80th
and 81st Avenues; and
WHEREAS, petitions have been received for some roads
in the area and the requirements of Ordinance 81-27, and design work
including cost estimates have been completed by the Public Works
Division; and
WHEREAS, the total estimated cost of the proposed
improvements is $112,370.75; and
WHEREAS, the special assessment provided hereunder
shall, for any given record owner of property within the area
specially benefited, be in an amount equal to that proportion of
seventy-five percent (758) of the total cost of the project which:
A) if platted, the number of platted lots owned by the given owner
bears to the total number of platted lots within the area specially
benefited, B) If not platted, the potential number of buildable lots
which are contained in each parcel owned by the given owner bears to
the total number of lots within the area specically benefited; and
WHEREAS, the special assessment shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County Shall pay the remaining
twenty-five percent (258) of the toal cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at a
rate established by the Board of County Commissioners at the time of
preparation of the final assessment roll, and shall be payable in
two (2) equal installments, the first to be made twelve (12) months
from the due date and the second to be made twenty-four (24) months
from the due date; and
WHEREAS, after examination of the nature and
anticipated usage of the proposed improvements, the Board of County
Commisioners has determined that the following described properties
shall receive a direct and special benefit from these improvements,
to wit:
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Lots 1 through 5, Block F, Lots 1 through 12, Block G, Lotsl
through 12, Block H, Lots 1 through 6, Block K, Lots 19
through 22, Block A, Ercildoune Heights Subdivision No. 2 as
recorded in Plat Book 4, Page 5 of the Public Records of
Indian River County, Florida.
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That part of the following described land West of the West
R/W of new U.S. #1 parts of Gov't Lot 2, 3 & 4 described as
follows: Commence at a point on the West boundary of Gov't
Lot 2 & 617.80' North of Southwest corner thereof; thence
run North 35°10' East to the West Shore of the Indian River
which is the Point of Beginning; from said Point of
Beginning run South 35°10' West to a point on the West
Boundary of Gov't Lot 2 & 617.8' North of SW corner thereof
thence run South on the West Boundary of Gov't Lot 2 617.80'
to the Southwest corner of Gov't Lot 2; thence run West
along South line of Gov't Lot 1 of said section to Fleming
Grant Line; thence run southeasterly along Fleming Grant
Line 1,905' to a point 83' Northwesterly of centerline of
New Roseland Road; thence North on a line perpendicular to
South line of Gov't Lot 2 821.23' to an iron pipe; thence
North 44°50' East a distance of 758.40' to an iron pipe;
thence North 410 23' EAst a distance of 1,214 feet to the
West shore of the Indian River; thence Northwesterly
meandering West shore of the Indian River to the Point of
Beginning, less the following described property from a
point 617.80' North from the Southeast corner of Gov't Lot
1, Section 25, Township 30 South, Range 38E, said point
being Point of Beginning run North 35°10' East a distance of
521.15' to West R/W of State Road No. 5; thence South 15°25'
East a distance of 494.53' along West R/W of State Road No.
5 to a Point in the Center of Old Roseland Road thence South
4°14' West a distance of 49.45' along centerline of Old
Roseland Road; thence South 35010' West a distance of
742.98'; thence North 707.36' to the Point of Beginning;
containing 6 acres more or less and less part of Old
Roseland Road R/W Westerly of New U.S. No. 1; as in OR Book
396, PP 575 (OR Book 403, PP 609) less Sebastian River
Medical Plaza as per PBI 11-49 & OR Book 661 PP 310.
That part of the following described land from a point
617.80' North from the Southeast corner of Gov't Lot 1,
Section 25, Township 30 South, Range 38 East said point being
the Point of Beginning; run North 35°10' East a distance of
521.15' to the West right of way of State Road No. 5; thence
South 15°25' East a distance of 494.53' along the West right
of way of State Road No. 5 to a point in the center of Old
Roseland Road; thence South 4114" West a distance of 49.45'
along the centerline of Old Roseland Road; thence South
35°10' West a distance of 742.98'; thence North 707.36' to
the Point of Beginning; containing six acres more or less;
and also less that part of Old Roseland Road occupied by said
description.
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 ratifitd in
their entirety.
2. A project providing for paving and drainage
improvements to 140th, 141st, 142nd and portions of 143rd Streets,
142nd Way, 79th, 80th and 81st Avenues hereto designated as Public
Works Project No. 8623, is hereby approved subject to the terms
outlined above and all applicable requirements of Ordinance 81-27.
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The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded by
Commissioner Wodtke and, upon being put to a vote, the
vote was as follows:
Chairman Don
C. Scurlock, Jr.
Aye
Vice Chairman
Patrick B.
Lyons
Aye
Commissioner
Margaret C.
Bowman
Aye
Commissioner
Richard N.
Bird
Aye
Commissioner
William C.
Wodtke, Jr.
Aye
The Chairman thereupon declared the resolution duly passed
and adopted the 14th day of October , 1986.
At to s t: S"cam---- e
FREDA WRIGHT, CL
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By
i�A
County Attorney's Off ce
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY FLORIDA
By G
DON
SCUR OCK, JR , CHAIRMAN