Resolution 1998-367· : 2368655 OR: 2459 PG: 0001
ll};SOI.I'TION NO. ~8-
HN..%I. ASSESS~IEN'I' IIOl.I. ,%NI) ,%I)()I'I'IN(; SA.%IE ,%S 'file Nf)N-~Xl)
ASSESS31KNT ROI.I. EOR PI'RPOSES OE I;TII,[ZIN(; TIlE I'NIEOR3I .%IETIIOI)
('OI.I.K(~ION PI'RSI'ANT TO S[(YI'ION 197.3632, FI.OIilI)A S'I'ATITfES, WITIIIN
TIlE PEI.I('AN flAY 5II'NI('Ii'AI, SER%'I('E I',%XIN(; ANI) ltENEEIT
3IAINTENAN('E OF TIlE WATER ~IANAf;EM~iNT K¥STKSI. IIE,%I;TIL'I(,,%TION OE
RE('REATIONAI. FA(;ILITI[S ANI) SIEI)IAN AREAS, AND SIAINTENAN('E OF
('ONSERV,%'I'ION OR I*RK~KR%'E AREAS, ANI) KSTAllI.ISII3IENT OF ('AI'ITAL
liEKKRI'E F'I'NI)S FOR TIll IIAINT[iN..%N('E OF ('ONSLiRYA'II[)~' ()R I'RES}iRVE
AREAS. {'.N. 41 BER.%IS, STREET SI(;NA(;E REl'l.,%('K~l[~'l S XVITlliN TIlE 51El)lAN
,%IiEAS AND I..-%NDS('AI'IN(; I~ll'l{()VE~l}[NIS T() I'.N. 41 };N'I'IiAN('[]N. ..%1.1.
%%'lTlllN TIlE I'KI.[('AN II..~¥ $1i'Nl('lI'Al. SEli%'l(?E T,%XIN(; ,%NI) liENEFIT I 'Nlq'.
c~lk'ct n~'c~al a~sc~mcn~ and chargc~ agam~l real p~o~'tTy ~ ~1~ Ibc l)~t~c~: and
principal f~mct~ons ol'~hc Pchcan I~a)' Impr~ cmcnt [)xslr~ct pursuant t,, ('haptcr 74-4~2. I a~ ~t' I:h,r~da; and
Imprn%'emcr%~ arc cu~cn~[y In ~)pcrall(~n: and
WIIEREAN. lhe l)ifrrlcl's [Ioard ~t' Super'islets adopted a plan ~l' dlsf(l]tlllOn fi~l Ibc [)l~Irlcl transferm)g lille
all pr~pcrty ~,..x nc,t by thc l)~strlcl I~ ('~lhcr ( 'ot/nty. including Ibc water managcmcnl $}'slcm; and
%'[IEIiE,%~. the I]~ard of ('~,un~y ('~,mmi~sioncrs adopled Ordinance No 90-III creating thc [~clican llay
~lumc:pal Nerx ~cc '[axmg and llcnel~l I 'm~ ~ h~ch pcrtm~ thc levy ,,f spcc~a[ a~c~mcnls: and
WIIERE,%S. ~he ['tehmma~' A~essmcn~ R~)II lbr mamlcnancc of the ~ate~ n]anagcmcnl system.
~x~th~n thc mcthan arca~ and landscaping impr{~vemcnls to I 'N. 41 cntrancct, all ~thm iht Pchcan [lay %Jtimc~pal
WIIF:ltE,%S. linc I~ard of' ('~mnt} ('onlm~$~mcrs ~n July 2~. 1~;9~ ad,,ptcd J/c~ltltJ~l N,~ ';~-259 fi~mg thc
XVIIEItEAN. sa,t puhhc hearing wa~ duly atl~cmsed and regularly heht. at 'Iht Fllundatlon ('oilier.
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· ' OR: 2459 PG: 0002
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 hereb.v c,~nfirm such preliminary assessment rull and make it final and adopt same as the final
non-ad valorem assessment roll for the pnrpose of using Ihe uniform method of collection.
The total special assessment for mamtenance of the water management system and the beautification of the
recreational areas and median areas, and maintenance of conservation or prese~'e areas is $1,461,g00.00 which equates to
$11R8.4~, per Equivalent Residential Unit based on 77.55.93 assessable urals.
The total assessment for the establishment of Capital Reserve }:unds f~r the mainlenance and restoration of the
conservation or presen'e areas, U.S. ,11 berm improvemenls within Ihe District. street sign replacement within the median
areas, landscaping Improvements and U.S. 41 entrance improvements wilhin the District, utilizing an Equivalent
Residential Unit based methodology. 'l]~e t,~tal assessment for these Capital Reserve Fund¢, fi~r tbe maintenance
restoration and landscaping ~mprnvements ~s $64q,700.00 which eqt,ates to $83.77 per Equivalent Residential {.init based
on 7755.93 assessable untls. 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.
Board hcrebs: confi/mlS the special assessments and the attached Exhth:t "A" is the final assessment roll (non.ad valorem
assessment roll).
SECTIO,'",' l'~VO. Such assessments are hereby found anti delcrmined to be le'.ied in direct proportion to the special and
positr,'e beneths to be received by the properties hsted m the preliminary assessment roll (non-ad valorem assessment
roll), which ~s attached hereto as Exhibit "A" and are located within the Pelican Bay Municipal Service Taxing and
Benefit [;nit which is described as follows:
A tract of land being in portions nf Sections .3.2 and 33, Township 48 South, Range 2.5 East:
t.gclber with porlions of Sections 4. 5, R and 9. Township 49 South, Range 25 East, Collier
County. Florida. being one and the same ar Ihe lands encompassed by the Pelican Bay
Improvement District. the perimeter b,~undary of same more parlicularly described as follnws:
Commencing at the Southeast comer of said Section 33; thence South ,R9 degrees 59 minutes
sec,rods Wesl along Ihe South line of Section .'1,3 a distance of 150.02 feet to a point on the West
right-of-way hoe 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:
.~,outh O0 degrees 5,R minutes 36 seconds East a distance o1'2.49 feet: thence South O0 degrees 55
minutes 41 seconds East a distance of 3218.29 feet: thence South OI degrees 00 minutes 29
seconds East a d~stancc of 321S.56 feet: thence South 00 degrees 59 minutes 03 seconds East a
distance of 2626.21 feet: thence Soulh O1 degrees O0 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
· ,t~.~O. among the Public Records of said Collier ('ounty; thence departing said U.S. 41 (State Road
45} South 89 degrees 09 minutes 45 seconds West along said North right-of.,,,,ay line a distance of
2662.61 feet: thence South O0 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a
point on Ihe North line of Seagate Unit I as recorded in Plat Book 3, Page 8.5 among said Public
Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate
I;nit I and the South line of said Section 9 a distance of 2496.6'7 feet to the Southwest corner of
said Section 9: thence continue Soulh 89 degrees 09 minutes 45 seconds West a distance of 225
feet more or less to a point on the mean high water line establisbed May 15, 196lg: tbence a
Northwesterly direction along said mean high water line a distance 15716 feet more or less: thence
departing said mean high water [Joe South 80 degrees 29 minutes 30 seconds East and along the
Southerly line of Vanderbih Beach Road (Slate Road 862} as recorded in I).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
I.;. 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 TIIREE. Upon adoption of tills Resolot~on any assessment may be paid at the Office of the Clerk within
thirty 1(30l days therealier, all assessments shall be collected pursuant to Sections 197.3632 and 197.3635, Florida
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" OR: 2459 PG: 0003
Statutes. or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem laxcs.
· .vhich shall be billed ',..ith the ad valorem laxes that become payable on November !. 1998 and delinquent on April I.
1999.
~. The assessment shall be final and conclusive as to each Io1 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
rebef,...ithtn t',venty {2.0) days from the adoption of this Resolution.
SECTION FIVE. All assessments shall constihlte 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 fi~r general county taxes falling due in the same year
or years in which such assessment falls due. and an)' 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 direcled to record this Resolution and all Exhibits attached hereto m the
Records of Coil:er County.
SECTION SEVEN. 'IEis Resolution shall become elTeclive immedialely upon its passage,
This Resolution adopled this c~'~_, day of September. 1998. slier molion, second and majority VOle.
ATTEST: BOARD OF COt,,~'I~' CO,%IMISSIONERS
DWIGIIT E. BROCK, CLERK COLLIER COUNTY. FLORIDA
,~tteSt a~ to Chalrm~'$ CIfA[RM^N
signature onl$.
^pproved as to £o~ and
legal sufficiency:
David C.
County Attorney
EXHIglTS ON FIt'.E IS THE CLERK TO THE BOARD OFFICE