Resolution 1989-143
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JUNE 6, 1989
revised tentative ~pportionment are upon the properties to be
specially benefited by the construction of the Project and arc in
proportion to the benefits to be derived therefrom; and it is
just, equitable, fair and proper that such special benefits be
determined, prorated and levied against all lands within the Unit
in accordance with the special benefi~s derived by such lands.
SECTION 3. Such revised plans and specifications and
updated estimate of cost of the Project and revised tentative
apportionment of such updated estimate of cost are hereby
approved, and the 6th day of July 1989 at 9:00 A.M.
o'clock at the Board of County Commissioners' Room, BUilding "F",
County Courthouse, Naples, Florida, is hereby fixed as the date,
time and place at which the Board will hear objections of the
owners of the properties to be assessed, or other persons
interested therein, to the confirmation of ReSolution No.
89----1ltl. The Clerk shall keep a'record in which shall be
inscribed, at the request in writing of any person, firm or
corporation having or claiming to have any interest in any lot or
parcel of land in the Unit, the name and post office address of
such person, firm or corporation, together with a brief
description or de~ignation of such lot or parcel, and the Clerk
shall mail a copy of the notice of such hearing to such person,
firm or corporation at such address at least fifteen (15) days
prior to the date of the hearing as fixed above. The Clerk shall
also cause the notice of such hearing to be published one time in
the Naples Daily News, a newspaper published in Collier County
and Circulating in the Unit, not less than fifteen (15) days
prior to said date of the hearing.
SECTION 4. Notice of such hearing shall be in substantially
the following form:
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apportionment of such estimated cost as between the County and
each lot or parcel of land to be assessed are on file with the
Clerk of the Board, Room 513, County Courthouse, BUilding "F",
Naples, Florida, and are on file in the offices of Hole, Montes &
Associates, 741 10th Street South, Naples, Florida, and are open
to the inspection of the public. All",people are encouraged to
review the plans and specifications and the Tentative
Apportionment of Cost that are on file. Such interested persons
will be heard by the Board as t~ the propriety and advisability
of making said improvements, as to the amount of such cost to be
assessed against each property so improved and as to any other
relevant consideration; provided however, all objections to the
conf1::mation of Resolution No. 89-.w on the ground that it
contains items which cannot be properly assessed against
property, or that it is, for any default or dcfcct in the passage
or character of the resolution 'or the plans or specifications or
estimate, void or voidable in whole or in part, or that it
exceeds the power of the Board, shall be made either 1n writing,
and filed with the Clerk at or before the time or adjourned time
of such hearing, or shall be made orally at the hearing. Any
objections not so made shall be considered as waived, and if any
objection shall be made and overruled or shall not be sustained,
the confirmation of Resolution No. 89-li2 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 date of Board action on the
Resolution.
SECTION 5. The Clerk is hereby ordered and directed to
spread this Resolution in full among the minutes of this meeting
for permanent record in h~s office.
SECTION 6. This Resolution shall become effective
immediately upon its passage.
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This Resolution adopted after motion, second and roll call
vote as follows:
Commissioner Shanahan
Commissioner Goodnight
Commissioner Volpe
Commissioner Hasse
Commissioner Saunders
Motioned and aye
Seconded and aye
Aye.
"1,
Aye
Absent and not voting
DATED: June 6, 1989
ATTEST: BOARD OF COUNTY COMMISSIONERS
JAME~I'C/ GILES, CLERK COLLIER COUNTY, FLORIDA
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~B'I~~;~-:':;M.~-.t._,o C.By:!?L~ a . or. c.
. Virgtpia Magr!, Deputy Clerk BURT L. SAUND , CHAI
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Approved as"to form
and l:e~al"sufficiency:
~.{~.tJ,t'.. L
Kenneth B. Cuylj1?
County Attorney
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JUNE 6, 1989
EXHIBIT "n"
I.Er...f\L DESCRIM1;OI'1
NOrml NAPlES ROArJ;<1l\Y MSTIJ & J>SSESSMFN1' DTS'IBKl'
'The North Naples Roadway MS1U Project is th'.j extension of Liv.irqston Road
fram C.R. 846, .7 miles west of 1-75, northward a distance ot approximately 3.2
miles to align with Imperial Drive in We Ca.Jnty and the extension of an
east-west segment of Livingston Road fram Old U.S. 41, 2 miles north of C.R. 846,
2.8 miles to the east tenninating near 1-75. The legal description of the
benefiting di~trict for the alxJve described roads is defined as follows:
Parts of Section 10, Township 48 South, Ran;ie 25 East a'1 described bel"",,:
'The Soothcast Quarter of the Sootl>.east Quarter and the South 1,070 feet of
the South~'CSt Quarter of th'1 Southeast Quarter lying East of the Seab:>ani
Coastline Railroad right-of-way (OR Ecok 558, Page 492; OR Ecok 535, Page 898; OR
Eook 1039, Page 1034) and the Southwest CUarter of the Sootheast QJarter lyi.rq
West of the Se.abnrd Coastline Railroad Right-Of-Way (OR Bcx:k 870, Page 484)
excluding the North 920 Feet therefrom, all lyirq in Collier Co.mty, Florida.
Parts of Section 11, 'I'owrlzhip 48 S~th, Range 25 East as described below:
'The East Half ard the East Half of the West Half and the Soothwest Quarter
of the Southwest Quarter am the South Half of the South Half of the Northwest
Quarter of the Soothwest Quarter, all lying in Collier County, Florida.
All of Soction 12, 'I'ownship 48 South, Range 25 East, all lying in Collier
County, Florida.
All of Section 13, 'I'cMnship 48 South, ~e 25 Fast, all lying in Collier
County, Florida. Parts o{ Section 24, Tc:Mlship 48 Salth, Rarge 25 East as
described belC7.ol:
'The East Half of the East Half of the East Half arrl the West Half of the
Northeast Quarter of the Northeast Quarter, all lying in Collier Cc::m1ty, Florida.
Parts of Section 15, 'I'o.-rnship 48 South, Fange 25 East as described belcw:
'The North 1,010 teet of the Northwest Quarter of the Northeast QJarter lying
East of the Scal:x:lard Coastl'~.ne Railroad right-of-way (OR Book: 597, Pages 1026,
10l3; OR Bcok: 532, Page 271) and the North l,080 feet of the Northwest Quarter of
the Northeast Qllarter lyin:] West of the SeaOOard CoasU1ne Railroad right-of-way
(OR Book 1055, Page 272; OR Book l024, Page 1278, l280, 1282, 12B4) and the East
Half of the Northeast Quarter, all lyin:] in Collier Coonty, Florida.
Parts of Section 14, Tc1vmship 48 South, R3.nge 25 East as described below:
The Northwest QJarter of tht! Northwest CUarter, all lying in Collier County,
Florida .
All of sections 7, 18 am 19, 'I"ownship 48 South, Ra.nge 26 East lyi.rq West at
the right-of-way of Interstate 75.
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