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HomeMy WebLinkAbout04-372 RESOLUTION NO. 04 - 372 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED SUNLAND GARDENS PHASE 2 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Sunland Gardens Phase 2 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Sun land Gardens Phase 2 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197,3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2005, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 14, 2004, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". 1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2005-2006 Fiscal Year and with the tax statement mailed for the 2005-2006 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the proposed Sun land Gardens Phase 2 MSBU to fund the cost of a project to provide potable water and wastewater improvements to properties within the boundaries of the proposed Sun land Gardens Phase 2 MSBU, A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B", Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. 2 After motion and second, the vote on this Resolution was as follows: Chairman Frannie Hutchinson Aye Vice Chairman Doug Coward Aye Commissioner Paula Lewis Aye Commissioner Chris Craft Aye Commissioner Joseph Smith Aye PASSED AND DULY ADOPTED this 14th day of December, 2004. I...." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /'" ,.(" -r-r/ ~'_/.... BY:J'>1)?n'Y7,/Y?.' .' U}rI'~f'~rJ . ChaO a, ATTEST: ~ Deputy Clerk 3 SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~ :.A: ~ iii SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, S, Darlene Mailing, who on oath says that she is Classified Inside Sales Manager of the Fort Pierce Tribune, a daily newspaper published at Fort Pierce in St Lucie County, Florida: that the attached copy of advertisement was publshed in the Fort Pierce Tribune in the following issues below, Affiant further says that the said Fort Pierce Tribune is a newspaper published in Fort Pierce, in said St Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St Lucie County, Florida, daily and distributed in St Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Fort Pierce Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement Ad Pub Customer Number Date Copvline 8T LUCIE COUNTY 834262 11/16/2004 PH12/14/04 BOCC 8T LUCIE COUNTY 11/23/2004 BOCC 8T LUCIE COUNTY 11/30/2004 BOCC 8T LUCIE COUNTY 12/6/2004 BOCC PO# PH12/14/04 Subscribed and sworn to me before this date: December 06, 2004 ~. ~AJc1,~";"(f / ~' l ~I ivll (b~ Notary uJc J ~...\'"..,~ <~'f T. BYRNE l \ NotatY 'PUbliC - State of FIoItdI ~. . E My COn1InE8k1l Expie&AiG 2. 2008 :: $ Commmluion . 00132804 Bonded By National NoIary AIIn. 0109 NonCE NOTICE OF INtENT TO USE THE UNIFORM METHOD OF COLLECT- ING NON-AD VALOREM ASSESSMENTS AND NOTICE OF PUBLIC HEARING e The Board of Cou nty Commissioners of St. Lucie County, Florida (the "Board") hereby provides notice, pursu- ant to Section 197.3632, Florida Statutes, of its intent to use the uniform method of 'collecting non-ad valorem special assessments to provide potable water improve- ments/service to the Sunland Gardens Phase 2 MSBU within unincor- porated SI. Lucie County commencing County Fiscal Year 2005-2006. The Board will consider the adoption of a resolu- tion stating its intent to 'use the uniform method of, collecting such as- sessments authorized by Section 197.3632, Florida Statutes, at a public hearing to be held at 9:00 a.m., Tues- day, December 14, 2004, at SI. Lucie County Ad- ministration Annex, Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida 34982. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the pro- posed form of resolu- tion, which contains the legal description of the real property subject to the levy, are on file at the office of the County Attorney of St. Lucie County, Florida. 2300 Virginia Avenue, Fort Pierce. Florida. All inter- ested persons are in- vited to attend. w d 5 :e 0- h j )r d In the event any person decides to appeal any decision by the Board of: County Commissioners I with respect to any mat- ter ,r~lating.to, thll.con- sideration of the resolu- tion at the above refer- enced public hearing, a record of the' proceeding may be needed and in such an event, such per- son may need to ensure that a verbatim record of the pubii{; hearing is made, which, record in-I eludes the testimony' and evidence on which the appeal is to be based. rs 19 I, I st DATED this 16th Day of November, 2004. By Order of: Clerk of the Circuit Court, Ex Officio - Clerk of the Board of n 'County Commissioners o of St. Lucie County, x Florida Publish: 16, 23, 30, ber 7, 2004 834262 Novemberi and Decem- "...... ..____ ft_ EXHIBIT B DESCRIPTION: SUNLAND GARDENS PHASE 2 MSBU A PARCEL OF LAND LYING IN SECTIONS 5 AND 6, T-35-S,R-40-E, ST. LUCIE COUNTY FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 3, 4, 5, AND THE SOUTH 1/2 OF LOT 2, BLOCK 13; AND LOTS 1THRU 6 AND THE EAST % OF LOT 7, AND LOTS 11 THRU 16,BLOCK 20; AND LOTS 1 THRU 7, AND LOTS 15 AND 16, BLOCK21; AND LOTS 1, 2, AND 3, BLOCK 28 OF THE PLAT OF SUNLAND GARDENS AS RECORDED IN PLAT BOOK 8 AT PAGE 32 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH BLOCKS 1 THRU 11; AND BLOCKS 15 THRU 18; AND BLOCKS 23 AND 24; AND LOTS 1 THRU 10, BLOCK 12; AND LOTS 6 THRU 23, BLOCK 14; AND LOTS 3 THRU 20 AND THE WEST % OF LOT 2,BLOCK 19; AND LOTS 3 THRU 20, BLOCK 22; AND LOTS 2 THRU 12 AND THE NORTH 10,20' FEET OF LOT 13, BLOCK 27; AND LOTS 1 THRU 13, BLOCK 26; AND LOTS 1 THRU 10, BLOCK 25, OF THE PLAT OF SUNLAND GARDENS AS RECORDED IN PLAT BOOK 8 AT PAGE 32 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH BLOCKS 46 THRU 49, AND LOTS 1 THRU 4, BLOCK 50, AND LOTS 10 AND 11, BLOCK 51, AND LOTS 1 THRU 8, BLOCK 52, AND LOTS 1 THRU 7, BLOCK 53, OF THE PLAT OF SUNLAND GARDENS UNIT 4 AS RECORDED IN PLAT BOOK 10 AT PAGE 76 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 9 THRU 12, BLOCK 1; AND LOTS 1 AND 2, BLOCK 10; AND LOTS 19,20, AND 21, BLOCK 4; AND LOTS 1 THRU 14 AND LOT 16,BLOCK 7; AND THE EAST 85' FEET OF LOTS 1 AND 4, BLOCK 8; AND THE WEST 85' FEET OF LOTS 2 AND 3, BLOCK 8 OF THE REVISED PLAT OF BLOCKS 1 THRU 10 INCLUSIVE KEYSTONE HEIGHTS AS RECORDED IN PLAT BOOK 10 AT PAGE 52 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE N.E. 1/4 OF THE N.E. 1/4 OF SECTION 6, T-35-S,R-40-E, BOUNDED ON THE NORTH WEST BY THE NORTH EMERGENCY RELIEF CANAL, BOUNDED ON THE SOUTH BY AVENUE "Q", BOUNDED ON THE EAST BY NORTH 41st STREET. TOGETHER WITH BLOCKS 39, 42, AND 43; AND LOTS 15 THRU 22, BLOCK 37; AND LOTS 1 THRU 8 AND LOTS 15 THRU 22, BLOCK 40; AND LOTS 1 THRU 8 AND LOTS 15 THRU 22, BLOCK 41; AND LOTS 1 THRU 8 AND LOTS 15 THRU 22, BLOCK 44; AND LOTS 9 THRU 16, BLOCK 38, OF THE PLAT OF SUNLAND GARDENS UNIT 3 AS RECORDED IN PLAT BOOK 9 AT PAGE 67 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH BLOCKS 1 AND 2 OF THE PLAT OF SABAL PALM SUBDIVISION AS RECORDED IN PLAT BOOK 10 AT PAGE 16 OF THE PUBLIC RECORDS OF ST. LUCIE 5 COUNTY, FLORIDA; TOGETHER WITH LOTS 5 THRU 19 OF THE PLAT OF WOODLAWN TERRACE SUBDIVISION AS RECORDED IN PLAT BOOK 9 AT PAGE 49 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 3 THRU 18 OF THE PLAT OF TRADE WINDS SUBDIVISION AS RECORDED IN PLAT BOOK 9 AT PAGE 42 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH A PARCEL OF LAND LYING WITHIN TRACT 102, OF THE PLAT OF GARDEN CITY FARMS SUBDIVISION AS RECORDED IN PLAT BOOK 2 AT PAGE 5 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF AVENUE "I" AND THE WEST RIGHT OF WAY LINE OF NORTH 35TH STREET; THENCE SOUTH ALONG THE WEST RIGHT OF WAY LINE A DISTANCE OF 270.80' FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SLOAN ROAD; THENCE WEST ALONG THE NORTH RIGHT OF WAY LINE OF SLOAN ROAD A DISTANCE OF 480.12' FEET TO A POINT ON THE EAST LINE OF THAT PARCEL OF LAND RECORDED IN ORB 1732 AT PAGE 1497 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 277.65' FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF AVENUE "I"; THENCE EAST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 480' FEET TO THE POINT OF BEGINNING; TOGETHER WITH TRACT 117, AND TRACT 124, OF THE PLAT OF GARDEN CITY FARMS SUBDIVISION AS RECORDED IN PLAT BOOK 2 AT PAGE 5 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 8 AND 9, BLOCK 6, KEYSTONE HEIGHTS, AN UNRECORDED PLAT IN SECTION 6, T-35-S, R-40-E AS RECORDED IN O,R. BOOK 899 AT PAGE 2210 PUBIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 3 AND 4, OF THE PLAT OF STOCKER'S SUBDIVISION AS RECORDED IN PLAT BOOK 31 AT PAGE 7 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE EASTERLY PORTION OF TRACT 107 AS SHOWN ON THE PLAT OF GARDEN CITY FARMS SUBDIVISION AS RECORDED IN PLAT BOOK 2 AT PAGE 5 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE N.E. CORNER OF LOT 4, OF THE PLAT OF STOCKER'S SUBDIVISION AS RECORDED IN PLAT BOOK 31 AT PAGE 7; THENCE S 89 59'39" E ALONG THE SOUTH RIGHT OF WAY LINE OF SLOAN ROAD A DISTANCE OF 264' FEET TO THE WEST RIGHT OF WAY LINE OF NORTH 35TH STREET; THENCE SOUTH ALONG THE WEST RIGHT OF WAY LINE OF NORTH 35TH STREET A DISTANCE OF 300 FEET TO THE NORTH RIGHT OF WAY LINE OF AVENUE "G"; THENCE WEST ALONG THE NORTH 6 RIGHT OF WAY LINE OF AVENUE "G" A DISTANCE OF 264 FEET TO A POINT ON THE SOUTHERLY PROJECTION OF THE EAST LINE OF LOT 4, STOCKER'S SUBDIVISION; THENCE NORTH ALONG THE EAST LINE OF LOT 4 A DISTANCE OF 300 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND; COMMENCE AT THE INTERSECTION OF THE EAST LINE OF ANGLE ROAD AND THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6,TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTHWESTERLY ON ANGLE ROAD 403.4 FEET, THENCE NORTHEASTERLY 420 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHEASTERLY 100 FEET; THENCE NORTHWESTERLY 150 FEET; THENCE SOUTHWESTERLY 100 FEET; THENCE SOUTHEASTERLY 150 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS OF LAND LYING IN THE SOUTH 'Y2 OF SECTION 6, T-35-S, R-40-E AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BLOCKS 1,2,3,4 AND 5 OF WILMARED SID AS RECORDED IN PLAT BOOK 8 AT PAGE 31 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND; COMMENCE AT THE NORTHEAST CORNER OF THE NW1/4 OF THE SE1/4 OF SECTION 6; THENCE SOUTH ALONG THE EAST LINE OF THE NW1/4 OF THE SE1/4 A DISTANCE OF 333.98' FEET TO A POINT ON THE CENTER LINE OF AVENUE "L"; THENCE WEST A DISTANCE OF 25' FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WEST A DISTANCE OF 360' FEET; THENCE NORTH A DISTANCE OF 160.04'FEET; THENCE EAST A DISTANCE OF 321.60' FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF ANGLE ROAD; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 41.70' FEET; THENCE SOUTH A DISTANCE OF 131.55' FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THE SOUTH 25' FEET THEREOF. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND LYING IN SECTION 6, T-35-S, R-40-E; BEGIN AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF CANAL NO.3 AND THE WESTERLY RIGHT OF WAY LINE OF ANGLE ROAD; THENCE SOUTH ALONG THE WEST RIGHT OF WAY LINE OF CANAL NO.3 A DISTANCE OF 402.31' FEET; THENCE WEST A DISTANCE OF 579.67' FEET TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 6; THENCE NORTH ALONG SAID LINE A DISTANCE OF 638.14' FEET TO THE NW CORNER OF THE NE 1/4 OF THE SE1/4 OF THE SE 1/4 OF SECTION 6; THENCE EAST ALONG THE NORTH LINE OF THE NE 1/4 OF THE SE 1/4 OF THE SE 1/4 A DISTANCE OF 369.3' FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ANGLE ROAD; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 304.02' FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND LYING IN SECTION 6, T-35-S, R-40-E; BEGIN AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF CANAL NO, 3 AND THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1303.13' FEET; THENCE 7 . . NORTHEASTERLY AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE A DISTANCE OF 300' FEET; THENCE SOUTHEASTERLY AND PARALLEL WITH THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD A DISTANCE OF 440,21' FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID PREVIOUS COURSE A DISTANCE OF 491.49' FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CANAL NO.3; THENCE SOUTH ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 1158.79' FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND LYING IN SECTION 6, T-35-S, R-40-E; COMMENCE AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF CANAL NO, 3 AND THE EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE OF ANGLE ROAD A DISTANCE OF 1353.13' FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 85' FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE A DISTANCE OF 160' FEET; THENCE SOUTHEASTERLY A DISTANCE OF 85' FEET; THENCE SOUTHWESTERLY A DISTANCE OF 160' FEET TO THE POINT OF BEGINNING. Revised 11/18/03,11/09/04 G:\ENG\MSB U\MSBU WORD\NOI 2005\RESOLUTIONS\SunlandGardensPhase2.doc 8