Resolution 1995-441
RESOLUTION NO. 95-~
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
UNI FORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.3632, FLORIDA STATUTES, WITHIN
THE PELICAN BAY MUNICIPAL SERVICE TAXING AND
BElt EFIT UNIT FOR MAINTENANCE OF THE WA.TER
MANAGEMENT SYSTEM, BEAUTIFICATION OF
RECREATIONAL FACILITIES AND MEDIAIl AREAS, AND
MAINTENANCE OF CONSERVATION AND PRESERVE
ARt.AS WITHIN THE PELICAN BAY MUN'ICIPAL
SEF,VICE TAXING AND BENEFIT UNIT.
WHEREAS the Pelican Bay Improvement District (hereinafter
"District") was created and (,perated pursuant tc. the provisions of
Chapter 74-4 2, Laws ot Flor da, as amended, anI was vested with
the power and authority to ll~vy and collect spet'ial assessments
and charges against real pro~erty with the Oist.ict; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, on June 19, 1990 succeeded to the prin~ipal functions of
the Pelican Bay Improvement District pursuant t:J Chapter 74-462,
Laws of Florida; and
WHEREAS, the Pelican Ba, Improvement Distr i.ct completed
construction '~f certain wate. management improvements in
accordance with the Plan of Reclamation cf the Pelican Bay
Improvement Oistrict and such improvements are ':urrently in
operation; and
WHEREAS, the District't Board of Supervisr~s adopted a plan
of dissolution for the Distl .ct transferring tj:le to all property
owned by the District to Co: ~ier County, includi.ng the water
management system; and
WHEREAS the Board of County Commissioners adopted Ordinance
No. 90-111 Cl eating the PeL.l::an Bay Municipal Service Taxing and
Benefit Unit which permits the levy of special ~ssessments; and
WHEREAS, the preliminar( Assessment Roll f'~r maintenance of
the water management system, beautification of recreational
facilities and median areas, and maintenance of conservation or
preserve are .s within the Pl' lican Bay MunicipaJ Service Taxing and
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Benefit Unit has been fil4d with the Clerk to the Board; and
WHEREAS, the Board of county commissioners on July 20, 1995
adopted Resolution No. 95-371 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 unitorm
method of collection pursuant to Section 197.3632, Florida
Statutes; an,
WHEREAS, said public hearing was duly advertised and
regularly he7d at The Foundation center, 8962 Hammock Oak Drive,
Naples, Florida, Naples, Flol ida, commencing at 6:00 P.M. on
August 2, 19' 5.
NOW, THf.'REFORE, BE IT Ri..:SOLVED BY THE BOAR! OF COUNTY
COMMISSIONERS OF COLLIER COU~TY, FLORIDA, that:
SECTION ONE. The Board, having met to receive and consider the
written objections of the property owners and o~her interested
persons appearing before the Board as to the pr;Jpriety and
advisability of confirming 8 d adopting the Pel., can Bay Municipal
Service Taxing and Benetit t:it Preliminary Ass,~ssment roll, as to
the amounts S'lOwn thereon tc 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, de. -\s hereby confirm
such preliminary assessment t"oll and make it fi;lal and adopt same
as the final ,on-ad valorem lssessment roll for the purpose of
using the uniform method of ; :ollection.
The total special asse!:;,Jment for maintenance of the water
management system, beautification ot recreation \1 facilities, and
median areas, and maintenance of conservation ald preserve areas
is $1, 228,80( .00 which equat,!s to $158.5385 per Equivalent
Residential Unit based on 7,750.80 assessable u1its. The total
assessments a'lainst the bene~ited properties ar'! described and set
forth in the preliminary assessment roll (non-l't valorem
assessment roll) attached hereto as Exhibit "An and incorporated
herein. The Board hereby c~nfirms the special assessments and the
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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 t~ received by the properties listed in the
preliminary assessment roll (non-ad valorem assessment roll),
which is att2.ched hereto as Exhibit "A" and are located within the
Pelican Bay ~unicipal Service Taxing and Benefit. Unit which is
described as follows:
A tract of land being il' portions of Sectil 'ns 32 and
33, Towr ship 48 South, j 'ange 25 East; toqei her with
portionl of Sections 4, 5, 8 and 9, Townsh p 49
South, .'::'ange 25 East, Cllllier County, Flor,da, being
one and the same as the lands encompassed :' ,y the
Pelican Bay ImproveJlent District, the peri'..'eter
boundary ot same more p,.rticularly described as
follows:
Commencing at the Southeast corner of said Section
33; thence South 89 degrees 59 minutes 50 ~econd.
West alonq the South line of Section 33 a .listance of
150.02 feet to a point n the West right-o~-way line
of u.S. 41 (State Road 5), said point alsll being the
Point ot Beginning; the ce Southerly along the West
riqht-of-way line of sl:d U. S. 41 (State ~oad 45)
the foll~wing courses: South 00 degrees 58 minutes
36 seconcls East a dista,Jce ot 2.49 feet; thence South
00 dr.grees 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; t"ence South
00 degrees 59 minutes 03 seconds East a dj'~ance of
2626.21 feet; thence South 01 degrees 00 mj,nutes 18
seconds East a distance of 2555.75 feet to a point on
the North right-of-way line of Pine Road a:l recorded
in D.B. SljO, Page 490, I long the Public ReC" lrds ot
said ColLier County; tl !nee departing saie u.S. 41
(State Road 45) South E' degrees 09 minute I 45
seconds West along saie North right-of-way line a
distance of 2662.61 fe~.:; thence South 00 degrees 51
minutes 44 seconds East a distance of 70.0lJ feet to a
pOint on the North line ot Seaqate Unit 1 lS recorded
in Plat 300k 3, Page 85 among said Public'tecords;
thence f,uth 89 degrees 09 minutes 45 secolds West
along SL ld North line o~ Seagate Unit 1 and the South
line ot said Section 9 H distance of 2496.67 feet to
the Southwest corner of said Section 9; thence
continu.. South 89 degrees 09 minutes 45 sef':onds West
a distance of 225 feet ~ore or less to a ~aint on the
mean high water line es\:ablished May 15, 1']68; thence
a Northw\i!sterly direction along said mean .ligh water
line a distance 15716 feet more or less; tllence
departing said mean high water line South 10 degrees
29 minutes 30 seconds East and along the S.)utherly
line of Vanderbilt BeaCll Road (State Road 862) as
recorde, in D.B. 15, Pa'le 121 among said PUblic
Records a distance of ~385 feet more or less to a
point on said West riq'lt-of-way line of U. S. 41
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(State Road 45); thonce 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, zll assessments shall be collected pursuant to
Sections 197.3632 and 197.3635, Florida statutes, or any successor
statutes aut}.orizing the collection of such assessments on the
same bill as ad valorem tax(~s, which shall be bl.lled with the ad
valorem taxel that become pa:, able on November 1 1995 and
delinquent on April 1, 1996.
SECTION FOUR
The assessmen. shall be final an'l conclusive as to
each lot or t)arcel assessed Ind any objections . ,gainst the making
of any assessable improvemen.~s not so made shaL.. be considered as
waived, and it any objection shall be made and overruled or shall
not be sustained, the adoption of this resoluti rm approving the
final assessment shall be t~ ~ final adjudicatio~ of the issues
presented unless proper ste~ 'j shall be taken if a court of
competent jurisdiction to SE lure relief within twenty (20) days
trom the ~dor.tion of this Resolution.
SECTION FIVE. All assessments shall constitut~ a lien upon the
property so assessed from the date ot contirmatLon ot this
Resolution of the same natur e and to the same E .(tent as the lien
for general c.:.:>unty taxes fa ling due in the sal it year or years in
which such assessment falls iue, and any asseSl,nent not paid when
due shall be collected purs~ant to Chapter 197, Florida Statutes,
in the same ranner as property taxes are collected.
SECTION SIX. The Clerk is hereby directed to record this
Resolution and all Exhibits attached hereto in the otticial
Records of Collier County.
SECTION SEVE~. This Resolution shall become effective immediately
upon its passage.
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This Re"~olution adoptee; this,2 day of August, 1995, atter
motion, seco ld and majority vote.
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, ATTEST:
· DWIGHT E. BROCK, CLERK
~"~h~':" ~. ..,jJt.
Approved.~s '0 form and
. 7iit"U.f~.l:c'~enCY:
'.tL ·
'U.
Dav d C. w~,
Assistant County torney
AUG - 2 1995
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