Resolution 1989-098/CWS 89-8
APRIL 11, 1989
RESOLUTION NO. 89- 98
RESOLUTION NO. CWS-89- 8
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WHEREAS, the Board of
A RESOLUTION PERTAINING TO DAVIS BOULEVARD WATER
IMPROVEMENT SPECIAL ASSESSMENT DISTRICT OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, COLLIER COUNTY, FLORIDA,
AND CONFIRMING THE PRELIMIN'~Y ASSESSMENT ROLL PREPARED
BY THE COUNTY UTILITIES DIVISION AS THE FINAL
ASSESSMENT ROLL.
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County commissioners of Collier
County, Fl<1rida, Ex-Officio the Governing Board of the Collier
County Water-sewer District (the "Board"), in accordance with
~ Florida Statutes Chapter 153, Part II ordered and held a dUly
~ advertised public hearing on the Tentative Apportionment of Cost
"
6 on March 31, 1987 and adopted Resolution No.8;-66 and Resolution
~
8 No. CWS 87-6 confirming Resolution No. 87-26 and Resolution No.
CWS 87-2 and ordering the construction of the assessable water
improvements; and
WHEREAS, on March 7, 1989, the Board adopted Resolution No.
89- ~and Resolution No. CWS-89-~ setting the date, time and
place for the advertised public hearing to confirm the
preliminary assessment roll for the Davis Boulevard Water
Improvement special Assessment District which was prepared by the
County Utilities Division; and
WHEREAS, said public hearing was duly advertised and
regularly held, at the Board of County Commissioners meeting
room, Building "F", Collier County Courthouse, East Naples,
Florida, commencing at 9 o'clock A.M. on April 11, 1989.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE EX-
OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT OF COLLIER COUNTY, FLORIDA, as follows:
SECTION 1. 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 the Davis Boulevard Water Improvement
special Assessment District 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
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nOI~32
OR BOOK
001982
PAGE APRIL 11, 1989
such assessments on a basis of justice and right, does hereby
confirm the preliminary Assessment Roll for tha Davis Boulevard
Water Improvement Assessment District which is attached hereto as
Exhibit "A" and incorporated herein. The water system
improvements as described in Resolution No. 87-66/Reso1ution No.
CWS-87-6 have been constructed for a total assessable project
cost of $ 242,223.99, which represents an assessment to the
benefited properties described in SECTION 2. bslow of $12.5337
per assessable foot of the benefited properties, are hereby
confirmed.
SECTION 2. 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 assess.
ment roll as a result of the construction of the project ordered
and authorized by the Board's Resolution No. 87-26/Reso1ution
No.CWS-87-2 and Resolution No. 87-66/Resolution No. CWS-87-6. The
legal description of the Davis Boulevard WAter Improvement
Special Assessment District is more particularly described as
follows:
All of the following described lands located within sections 4,
5,6, 7, 8 and 9 of Township 50 south, Range 26 East of Collier
county, Florida, being more particularly described as follows:
S'l!ctlon 4
EI of the swl of the swl. Ie.. the South 75 feet thereof r..orvod
for road right-of-way purpo.o.; and
wi of tho wi of the SEI of tho swl. 10.. tho South 75 foet for
purpo.e. of road right-of-way; and
NWI of the swl and wi of tho swl of the swl. lo.a and oxcopt
tho right-of-way for S.R. 84 and tho waatorly 60 foot for road
right-of-way purpo.ea; and
EI of tho wi of tho SEI of tho swl. lo.s tho South 75 foot for
purposo. of road right-of-way.
Section 5
EI, le.a and except tha NWI of tho NEI. tho South 150 foat of
tho North 200 foot. tho righta-of-way for'State Road 84. County
Road 856 and Santa Sarbara Blvd. and the followin; daacribod parcol
of land:
All that part of the aast 1/2, Soction 5. Townahip 50 South.
Ranga 26 East. Collier County. Florida. bein; more
particularly described as follow.: '
Commencing at tha aouth 1/4 cornor of aaid Soction 51 thonce
along tho north and aouth 1/4 lino of aaid Soction 5. North
00'-57'-10" Weat 75.01 feet to the north right-of-way 11ne of
State Road S-84 (Davi. Boulevard):
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~OI~32
OR BOOK PAGF'
Thenco continuo along aald north And .outh 1/4 rlno North
0'-57'-10" Wast 696.21 feet to tho POINt OF BECINNINC of tho
parco 1 horoin doscribed;
thonco continue alan; said north and south 1/4 lino North
0'-57'-10" lIast 522.72 fast;
thenco leavin; aaid north and south 1/4 lino, North
89'-02'-50" East 416.66 foot;
thence South 0'-57'-10" East 522.72 feet;
thonce South 89'-02'-50" Wast 416.66 fut to the Point of
Be~innina of the pArcel horein described; and
APRIL 11, 1989
wi. Ie.. and except tho South 150 feet of the North 200
feet and the riaht.-of-way {or Stato Road 84 end County
Road 856. '
Section 6
wi of the EI of the swl. los. tho South 75 Ceot for purpoae. of
road riaht-of-waYI end
sl of tho wi of the wi of tho SE !. lasa tha South 75 foot for
purposos of road right-af-yay; ~nd
EI of the swl of the SEI. 10.. tho South 75 foet for purpose. of
road right-af-way; and
El of the EI of the SEI. lesa tho South 75 ~..t for purpose. of
road right-of-way.
SECTION 7
El of tho wi of the wi of tho NEI, Ie.. the EI and the North 75
feet for rosd rights-of-way purposes; and
wi of the EI of the NEI. Ie.. the North 75 feet for road
rights-af-way purposes; and
North 660 foet of the W.~/_4-9.f the wi of the El of the wi of the
NEI and tho North 660 feec of the EI of the El of the wi of the
wi of the NEI, less the North 75 feet for road riaht.-of-way
purposes; and
EI of the El of tho wi of the El of the wi of tho NEI and tho El of
the El of tho wi of tho NEI, les. tho North 75 feet for road
--.'rights-af-way purposes; and
wi of the NEI of the NEI of tho NEI, less and except the East 20
feet. tho West 155 feet of the North 301 feet of the wi of the NEI
of tho NEI of the NEI and the North 75 feet for road riahta-of-way
purpose.; and
Easc 20 feet of the wi of tho NEI of tho NEI of the NEI. and Ei
of the NEI of the NEI of the NEI. les. and except the Ea.t 60 feet
and tho North 75 feet thereof for road riahts-of-way purposoa; and
West 155 feet of the North 301 feet of the wi of the NEI of tho
NEI of the NEI. losa the North 75 feat for road riahta-of-way
purposes.
Section 8
NEI ot'iha NWI of tho NWI and Nl of the SEI of tho NWI of tho NWI
and Nl of tho swl of the Nwl of the Nwl. lea. and excapt the
rights-of-way for State Road B4 and County Barn Road; and
wi of tho wi of tho NWI of tho NEI. le.s and except the North 75
feet for rOAd riahta-of-vay purposes And the Ei of the NWI of the
Nwl of the Nwl of the NEil and
EI of the NEI of the NEI. losa the North 75 feot for road
rights-of-~ay purposes; and
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El of tho NWI
North i'5 feet
no\~32
,OR BOOK
of tho NEI and tho wi of tho NEI of tho NEI. las. the
for rosd rights-of-way purposo.; and
APRIL 11, 1989
wi of tho ~'WI
feet for road
and
of tho ~'WI of tho NWI, less and except the North 75
riahts-of-way purpos.s and tho East 100 foot thereof;
East 100 feet of tho wi of tho ~'WI of tha Nwl or the NWI, le.a the
NOtih 75 feet for road ri&hts-of~way purpos.s; and
EI of tho wi of tho ~~I of tho NEI. les. the North 75 faet for road
rilhts-of-way purposes; and
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El of tho NWI of tho ~'WI of tho Ilwl. 10.. tha North 75 foot for
road rights-of-way purposes; and
11'~1 of the NEI of the ~'\II, Ius and o.copt thd rishts-of-way for
Stat. Road 84 and County Barn Road; and
wi of the NE\ of tho NEI of the NWI. less tha North 75 faat for
road rights-of~way purpose.; and
EI of the !;El of the NEI of the NW\. less the North i5 feat for
road rights-~f-~ay purposes; arid
EI of tho Nwl of tho NW\ of tho NYI of the NEI, loaa the North 75
feet for rosd r1ghts-of--way purposes.
Section 9
;:1 of the ~'WI of tho NEI of tho Nwl. llss tho North 75 feat for
road rights-of-way purposes; and
wi of tho NEI of the ~'WI of tho ~'WI. less tho North 75 feet for
road rights-of-way purposes; and
El of the HEI of the 1l'~1 of the ~'WI. less tho North 75 foot for
road rights-of-way purpos.s; and
wi of tha NWI of the ~'WI, less the North 75 foet for rosd
rights-of-way purposes; and
EI of tho NEI of tho h'Wl>and the swl of tho NEI of tho ~'WI and tho
EI of tho Nwl of tho NEI of the Nwl, less and except the
rights-of-way of State Road 84.
All of which, can bo mora generally described as thosa land.
adjoining, or abutting, or bounding. or adjacent to or contiguouS to, or
otherwiso spocially benofitted,
Commoncing at approximately mila poot 2.800, bssed on the 1966
righta-of-vay plans for Stato Road 84 (DaviS Soulavard). at tho
easterly terminus of an existing 12 inch water main. run east in
the southerly half of the rights-of-way for approximataly 9765 feat
to approximately mila poat 4.649 of State Road 84 to tho wo.terly
terminus of sn existinS 16 inch water main; lying and beins in
Collier County, Fldr1da.
SECTION 3. Upon adoption of this Resolution. the District
Clerk shall record this Resolution in the official Recorda of
Collier County and render the assessment bills for the full
amount of the assessment, and these bills may be paid within
sixty (60) days without interest.
Thereafter all assessment
ShAll be payable in seven (7) equal annual installments with an
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Shanahan Aye
Hasse Aye
Volpe Aye
Goodnight Aye
Saunders Aye
BOARD OF CoUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, EX-
OFFICIO THE GOVERNING BOARD OF
THE COLLIER coUNTY WATER-SEWER", ,,"
DISTRICT F,COLLIERC~~':lJ:ll;~.!:;,t:,~>, ::' ,
FLORIO ,. , "'~,'>:'>i-'f~::~,i,j"i:,i'f"l5;,:$t,~",/j~.t~ ",~oi:.
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nO\~32
OR BOOK
001965
PAGE
APRIL 11,
interest rate of e;~ h ;-_ percent ( g \) per annum on the
unpaid balances from tho expiration of the said sixty (50) days I
provided. however, any assessment may be paid at any time before
due, together with interest accrued thereon to the date of
payment.
SECTION 4. All assessments shall constitute a lien upon the
property so assessed from the date of confirmation, of the
resolution ordering the improvements, 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 luch assessment or
installments thereof fall due, and any assessment or installment
not paid when due shall be collectible with such interest, and
with a reasonable attorney's fee and costs, b'lt without penalties
by the District for proceedings in a court of equity to foreclose
the lien of assessments as a lien for mortgages is or may be
foreclosed under the laws of the State, provided that any such
proceedings to foreclose shall embrace all installments of
principal remaining unpaid with interest accrued thereon, which
installments shall be virtue of the institution of such
proceedings, immediately become due and payable.
SECTION 5. This resolution shall take effect immediately
upon its passage.
This resolution adopted after motion, second and roll call
vote as follows:
tl1.TED:
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
April 11, 1989
" ATTEST:
: JAMES C.
GILES,,, CLERK
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By:
rman
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and
"'L..'lh/n
Attorney
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1989