Resolution 2004-252
RESOLUTION NO. 2004--2..5.2
A RESOLUTION APPROVING THE PRELIMINARY
ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL
AND ADOPTING SAME AS THE NON-AD VALOREM
ASSESSMENT ROLL FOR PURPOSES OF UTILIZING
THE UNIFORM METHOD OF COLLECTION PURSUANT
TO SECTION 197.3632, FLORIDA STATUTES, WITHIN
THE PELICAN BAY MUNICIPAL SERVICE TAXING AND
BENEFIT UNIT FOR MAINTENANCE OF THE WATER
MANAGEMENT SYSTEM, BEAUTIFICATION OF
RECREATIONAL FACILITIES AND MEDIAN AREAS,
AND MAINTENANCE OF CONSERV A TION OR
PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL
RESERVE FUNDS FOR AMBIENT NOISE
MANAGEMENT, MAINTENANCE OF CONSERVATION
OR PRESERVE AREAS, U.S. 41 BERMS, STREET
SIGNAGE REPLACEMENTS WITHIN THE MEDIAN
AREAS AND LANDSCAPING IMPROVEMENTS TO U.S.
41 ENTRANCES, ALL WITHIN THE PELICAN BAY
MUNICIPAL SERVICE TAXING AND BENEFIT UNIT.
WHEREAS, the Pelican Bay Improvcment 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
WHEREAS, the District's Board of Supervisors adopted a plan of dissolution
for the District transfcrring title to all property owned by the District to Collier County,
including the water management system; and
WHEREAS, the Board of County Commissioners adopted Ordinance No.
2002-27 creating the Pelican Bay Municipal Service Taxing and Benefit Unit which
permits the levy of special assessments; and
WHEREAS, the Preliminary Assessment Roll for maintenance of the watcr
management system, beautification of recreational facilities and median areas, and
maintenance of conservation or preserve areas, and establishment of Capital Reserve
Funds for ambient noise management, maintenance of conservation or preserve areas,
U.S. 41 berms, street signage replacements within the median areas and landscaping
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OR: 3649 PG: 2688
improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Scrvice
Taxing and Benefit Unit has becn filed with the Clerk to the Board; and
WHEREAS, the Board of County Commissioners on July 27, 2004 adopted
Resolution No. 2004-232 fixing the date, timc and place for the public hcaring 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
Collier County Government Center, Board Room, W. Harmon Turner Building, 3301
East Tamiami Trail, Naples, Florida, commencing at 5:05 P.M. on Thursday,
September 9, 2004.
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 maintenance of the water management system
and the beautification of the recreational areas and median areas, and maintenance of
conservation or preserve areas is $2,522,500 which equates to $329.98 per Equivalent
Residential Unit based on 7644.28 assessable units.
The total assessment for the establishment of Capital Reserve Funds for
ambient noise management, maintenance and restoration of the conservation or
preserve areas, U.S. 41 berm improvements within the District, street sign replacement
within the median areas, landscaping improvements and U.S. 41 entrance
improvements within the District, utilizing an Equivalent Residential Unit based
methodology. The total assessment for these Capital Reserve Funds for the
maintenance and restoration and landscaping improvements is $1,111,900 which
equates to $145.45 per Equivalent Residential Unit based on 7644.28 assessable units.
The total assessments against the benefited properties are described and set forth in the
2
OR: 3649 PG: 2689
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 0 I 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 I as recorded in Plat Book 3, Page 85 among said
Public Records; 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 fcet 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 less; 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); thcnce 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
3
OR: 3649 PG: 2690
collected pursuant to 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, 2004 and delinquent on April 1, 2005.
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 FIVE. All assessments shall constitute a lien upon the property so
assessed from the date of confirmation of this Resolution of the same nature and to the
same extent as the lien for general county taxes faJling due in the same year or years in
which such assessment falls due, and any assessment not paid when due shaJl be
coJlected pursuant to Chapter 197, Florida Statutes, in the same manner as property
taxes are collected.
SECTION SIX. The Clerk is hereby directed to record this Resolution and all
Exhibits attached hereto in the Official Records of Collier County.
SECTION SEVEN. This Resolution shall become effective immediately upon its
passage.
This Resolution adopted this 9th day of September 2004, after motion, second
and majority vote.
ATTES1"'''> ...
DWI~'E.~BP:.~G.K;~LERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLORIDA
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BY:
DONNA
M~i.S 'to (' : ~ :i
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ApproV~U!Ei'\Ql~.ll.'nd
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.fC~David C. Weigel
County Attorney
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Dat~. Cj-/O '01./
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p~ty Clerk
PELICAN
BAY
*** OR: 3649 PG: 2691 ***
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