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Resolution 1993-295 (w/o exhibit) 0172'7289 1993 AUG -4 1u19: 27 1852 000207 COLLIER COUNTY RECORDED OR BOOK PAGE' RESOLUTION NO. 93- 295 A RESOLUTION AP?ROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME REC a90 AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF PRM BS.Qo UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT DOC TO SECTION 197.3632, FLORIDA STATUTES, WITHIN THE �� PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT INTIND_ FOR THE DEBT SERVICE ON THE WATER MANAGEMENT SYSTEM, MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF CONSERVATION AND PRESERVE AREAS WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. WHEREAS, the Pelican Bay Improvement District (hereinafter "District") was created and operated pursuant to the provisions of Chapter 74-462, Laws of Florida, as amended, and was vested with the power and authority to levy 'and collect special assessments and charges against real property with the District; and WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 19, 1990 succeeded to the principal functions of the Pelican Bay Improvement District pursuant to Chapter 74-462, Laws of Florida; and ' WHEREAS, the Pelican Bay Improvement District completed construction of certain water management improvements in accordance with the Plan of Reclamation of the Pelican Bay Improvement District and such improvements are currently in operation; and ft WHEREAS, the District's Board of Supervisors adopted a 1� plan of dissolution for the District transferring title to all property owned by the District to Collier County, including the A\ water management system; and WHEREAS, the Board of County Commissioners of Collier • County accepted the District's plan of dissolution and Collier County now owns and operates the water management system and is responsible for the collection of the debt service for the outstanding bonds; and WHEREAS, the Board of County Commissioners adopted ordinance No. 90-111 creating the Pelican Bay Municipal Service 1. eno% [CORGI 88 1852 000208 OR BOOK PAGE; Taxing and Benefit Unit which permits the levy of special assessments; and WHEREAS, the Preliminary Assessment Roll for debt service on the water management system, maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas within the Pelican Bay Municipal Service Taxing and Benefit Unit has been filed with the Clerk to the Board; and WHEREAS, the Board of County Commissioners on June 22, 1993 adopted Resolution No. 93-249 fixing the date, time and place for the public hearing to approve the preliminary assessment roll and to adopt the non-ad valorem assessment roll to utilize the uniform method of collection pursuant to Section 197.3632, Florida Statutes; WHEREAS, said public hearing was duly advertised and regularly held, at The Commons, 6251 Pelican Bay Blvd. , Naples, Florida, commencing at 6:00 P.M. on July 29, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Pelican Bay Municipal Service Taxing and Benefit Unit Preliminary Assessment roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll and make it final and adopt same as the final non-ad valorem assessment roll for the purpose of using the uniform method of collection. The total special assessment for the debt service on the water management system is $672,3OS which equates to $470.15 per assessable acre based on 1,429.9786 assessable acres and 2 BMX 000 PAGE 89 1852 000209 OR BOWS PAGE1 the total amount of the special assessment for maintenance of the water management system, beautification of recreational facilities, and median areas, and maintenance of conservation and preserve areas is $1,162,788 which equates to $145.9235 per Equivalent Residential Unit based on 7968.57 assessable units. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) attached hereto as Exhibit "A" and incorporated herein. The Board hereby confirms the special assessments and the attached Exhibit "A" is the final assessment roll (non-ad valorem assessment roll) . SECTION__TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) , which is attached hereto as Exhibit "A" and are located within the Pelican Bay Municipal Service Taxing and Benefit Unit which is described as follows: A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed by the Pelican Bay Improvement District, the perimeter boundary of same more particularly described as follows; Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West right-of-way line of U.S. 41 (State Road 45) , said point also being the Point of Beginning; thence Southerly along the West right-of-way line of said U. S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds west along said North right-of-way line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among said Public Records; 3 90 BOOK 000 PAGE ', 1852 000210 OR BOOK PAGEI thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit 1 and the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or leas; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121 among said Public Records a distance of 7385 feet more or less to a point on said West right-of-way line of U. S. 41 (State Road 45) ; thence South 00 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point of Beginning. SECTION THREE. Upon adoption of this Resolution any assessment may be paid at the Office of the Clerk within thirty (30) days thereafter, all assessments shall be collected pursuant to 1 Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, which shall be billed with the ad valorem taxes that become payable on November 1, 1993 and deliquent on April 1, 1994. SECTION FOUR. The assessment shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this resolution approving the final assessment shall be the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIV . All assessments shall constitute a lien upon the property so assessed from the data of confirmation of this Resolution of the same , nature and to the same extant as the lien for general county taxes falling due in the same year or years in which such assessment falls due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. 4 seat 000 PAGE 91 1 8 5 2 0 0 0 2 I 1 OR BOOK ' PAGE1 , . 5ECTION SIX. The Clerk is hereby directed to record this Resolution and all Elthibits attached hereto in the Official Records of Collier County. , . . SECTION SEVEN. This Resolution shall become effective • immediately upon its passage. This Resolution adopted after motion, second and majority - / vote. , ,... • .•:,• DATIER!1.1 7„./....ilt3 _ . • . ... '',..i..:'' ..... ,•r,•:..,•.. ••• •••• . ,:• ATTEST1,.....ti ,',1. BOARD 0 COUNTY COMMISSIONERS . . . . h. / DW/q11T!E ' ROek: CLERK COLLI COUNTY, F • ID , .., : .,.!•,',,, q •••.,. . :;. .;.1 q..: F f . '...f .;'.' '-'' .' 4110.-.400" 4 B •: / II ."'..;<,..:"i.::qZ•,:i . •';,.,',i,. / ar L. y ND RS, C AIRMAN '.,,,,,,'Afp. id1/441'.AS,A01,form and VmoTHY . CONSTANTINE 'OsegN.',vNIXO.ciency: VICE CHA RMAN . .! Richard D. Yovanovich Assistant County Attorney `,. 676/ , • 1 . . . - • , . . • . -V, • ,. OCOmt 92 5 1 , ..