Resolution 2002-344
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3044528 OR: 3108 PG: 2145
RICORDID In tbe omCIAL RICORDS of COLLIn coum, PL
09/12/2002 at 07:59AK DIIIGBT I. BRDCI, CLm RIC PII
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RESOLUTION NO. 2002----1!.4
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 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 IMPROVEMENTS
TO U.S. 41 ENTRANCES, ALL 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
WHEREAS, the District's Board of Supervisors adopted a plan of dissolution for the
District transferring title to all propelty 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 water
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 improvements
to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit
has been filed with the Clerk to the Board; and
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5. GO
OR: 3108 PG: 2146
WHEREAS, the Board of County Commissioners on July 30, 2002 adopted
Resolution No. 2002-315 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
Foundation Center, 8962 Hammock Oak Drive, Naples, Florida, commencing at 6:00 P.M.
on September 9, 2002.
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 $2,003,316.30 which equates to $258.02 per Equivalent
Residential Unit based on 7764.19 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
$272,600.71 which equates to $35.11 per Equivalent Residential Unit based on 7764.19
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
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OR: 3108 PG: 2147
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 comer 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; 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 comer 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); thence South 00 degrees 58
minutes 36 seconds East along said West light-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 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, 2002 and
delinquent on April 1, 2003.
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 ovelTUled or shall not
be sustained, the adoption of this resolution approving the final assessment shall be the final
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OR: 3108 PG: 2148
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 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.
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, 2002, after motion, second and
majority vote.
AITEst:.'~'..'..::',:' (..
DW[~HT E. BROC~.. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT ,FLORIDA
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Approved as to ro"rm and
legal sUfficiency:
BY:
JA
N. COLETTA, CHAIRMAN
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.pa...--- David C. Weigel
County Attorney
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