The URL can be used to link to this page

Home My WebLink About1994 - Legal Opinion Riverfront Waterline AssessmentLAW OFFICES or POTTER, MCCLELLAND, MARES & HEALY, P. A. WILLxAM C. POTTER Currox A. MCCLELLAXO. JM DOUGLAS D. MARRs PArRICH F. HEALY TIMOTHY A WII.LIAMS LAURA K BETTEN DEC 1°94 HARRY A. Joxss e�Vd Wmana Or COUNSEL eed Re es City 0itiee Mr. Joel L. Koford City Manager City of Sebastian 1225 Main Street - Sebastian, FL 32958 Dear Mr. Koford: FIRST Uxxox B"K BIHx.OIxo SUITE 400 700 SOUTH BARcocx STREET POST OFFICE BOX 2523 MELEOUEHE, FLORIDA 32902-2523 (407) 984-2700 FAX (407) 723.4092 November 30, 1994 Please find enclosed Section 192.037 of the Florida Statutes, which pertains to special assessments on time-share properties. Section 718.120 of the Florida Statutes requires that all special assessments by taxing authorities shall be assessed against the condominium parcels and not upon the condominium property as a whole. The statute also says that no special assessments shall be assessed against recreational facilities or other common elements if such facilities are common elements or owned by the condominium association or owned jointly by the owners of the condominium parcels. Each condominium parcel shall be separately assessed for special assessments as a single parcel. The statute further states the condominium property divided into time-share property shall be assessed for special assessments as provided in Section 192.037. Subsection 1 of Section 192.037 states for special assessments, the managing entity responsible for operating and maintaining the time-share property shall be considered the taxpayer as an agent for the time-share titleholders. If you have any additional questions, please contact me. CAM/tah Enclosures Respectfully, Clifton A. McClelland, Jr. F.S. 1993 -operty class of any ling prices or fair mar- .lue, as prescribed by copy of the tangible II, including for each d such other informa- artment rule; and an -acre land valuations oroperry in preparing i by department rule. Ch. 79-334: s. 56. ch. 80.274: n 82-368: s. 12. m. 83-204: S. :a. 192.031. 192.041. 192062. 3sessed.—The prop - arty located within his such property is tax - subject to classifica- just value at its pres- n on the tax rolls shall promulgated by the Elect the general law. ich have been dedi- oy a municipality, a assessed, but need :5%. !907, aGS 694: CGL 847: :2: s. 3. ch. fit -308. .r assessment pur- ssed according to its 7 in which it is located ch it may be located. 7perty which is not constitutions from ad id taxing jurisdiction in January 1 of each m physically present v time during the pre - case the provisions Ily, tangible personal after January 1 and taxable for that year to beiteva that such tate prior to January Wever, tangible per- t the state on or after only, which property shall not be subject ss not apply to goods on (4) or supersede -s state assesses the n the same assess, county dispute shall dons' .vhlch was physically on January 1. but ., .,:.., ...;,mr; and •,ally hx::aed or Ivp1- F.S. 1993 _ _ TAXATION: GENERAL PROVISIONS caily present. All tangible personal property which is removed from one county in this state to another county after January 1 of any year shall be subject to taxation for that year in the county where located on January 1; except that this subsection does not apply to tangible personal property located in a county on January 1 on a temporary or transitory basis if such property is ,ncluded ,p. the tax return being filed in the county in this state where such tangible personal property 1s habitually located or typically present. (b) For purposes of this subsection, an item of tangi- ble personal property is 'habitually located or typically oresenr in the county where it is generally kept for use or storage or where it is consistently returned for use or storage. For purposes of this subsection, an item of tan- gible personal property is located in a county on a'tem- porary or transitory basisif it is located in that county for a short duration or limited utilization with an intention to remove it to another county where it is usually used air stored. (4)(a) Personal property manufactured or produced outside this state and brought into this state only for cansship.mant out of the United States, or manufactured pr produced outside the United States and brought into this state for transshipment out of this state, for sale in the ordinary course of trade or business is considered goods -in -transit and shall not be deemed to have acquired a taxable situs within a county even though the property is temporarily halted or stored within the state. (b) The term 'goods -in -transit" implies that the per- sonal property manufactured or produced outside this state and brought into this state has not been diverted :o domestic use and has not reached its final destina- tion, which may be evidenced by the fact that the indi- .idual unit packaging device utilized in the shipping of :'a soecific oersonal property has not been opened except for inspection, storage, or other process utilized n the transportation of the personal property. (c) Personal property transshipped into this state and subjected in this state to a subsequent manufactur- ng process or used in this state in the production of other personal property is not goods -in -transit. Break - ng in bulk. labeling, packaging, relabeling, or repacking 3r sucn property solely for its inspection, storage, or :ransoortatlon to its final destination outside the state -'a„ not oe Considered to oe a manufacturing process :ca pr0a.0uon of other personal property within the 'gaming cf this subsection. However. such storage shall lot exceed 180 days. ;5) Intangible personal property, according to the '=es laid down in chapter 199. 6)(a) Notwithstanding the provisions of subsection =i. personat property used as a marine cargo container n the conduct of foreign or interstate commerce shall not be deemed to have acquired a taxable situs within county wren the property is temporarily halted or 3rored within the state for a period not exceeding 180 7av8 (b) 'Marne cargo container means a nondlsposable -ceptaCle virlich 1s of a permanent character. strong "'y ^-e•:..; J to Im-ddale the uamaue ui yuups Dy one more n..,oct; GI transport one GI whlrn small be by a i Ch. 192 ocean vessel, without intermediate reloading; and which is fitted with devices permitting its ready handling, par- ticularly in the transfer from one transport mode to another. The term 'marine cargo container" includes a container when carried on a chassis but does not include a vehicle or packaging. (7) Notwithstanding any other provision of this sec- tion, tangible personal property used in traveling shows such as carnivals, ice shows, or circuses shall be deemed to be physically present or habitually located or typically present only to the extent the value of such property is multiplied by a fraction, the numerator of which is the number of days such property is present in Florida during the taxable year and the denominator of which is the number of days in the taxable year. How- ever, railroad property of such traveling shows shall be taxable under s. 193.085(4)(b) and not under this sec- tion. History. -s. 3. cn. 70.243. s. 1, ch. 77-102 a. 1. ch. 77-705: s. 1.0. 79-269 s. 5. ch. 79-334: s. 35.= 79-400: s.9. cn.81-708: s. 17. eh.82-209: s.75, eh.82-225: 9. 1. an 9s -W Nate.—Cohsouaanan o1 pro�siws of former ss. 193.072. 193.034. t96.0011. 192.037 Fee time-share real property; taxes and assessments; escrow.— (1) For the purposes of ad valorem taxation and spe- cial assessments, the managing entity responsible for operating and maintaining fee time-share real property shall be considered the taxpayer as an agent of the time-share period titleholder. (2) Fee time-share real property shall be listed on the assessment rolls as a single entry for each time- share development. The assessed value of each time- share development shall be the value of the combined individual time-share periods or time-share estates con- tained therein. (3) The property appraiser shalt annually notify the managing entity of the proportions to be used in allocat- ing the valuation, taxes, and special assessments on time-share property among the various time-share peri- ods. Such notice shall be provided on or before the mail- ing of notices pursuant to s. 194.011. Ad valorem taxes and special assessments shall be allocated by the man- aging entity based upon the proportions provided by the property appraiser pursuant to this subsection. (4) All rights and privileges afforded property own- ers by chapter 194 with respect to contesting or appeal- ing assessments shall apply both to the managing entity responsible for operating and maintaining the time- sharing plan and to each person having a fee interest in a time-share unit or time-share period. (5) The managing entity, as an agent of the time- share period titleholders, shall collect and remit the taxes and special assessments due on the fee time- share real property. In allocating taxes, special assess- ments, and common expenses to individual time-share period titleholders, the managing entity must clearly label the portion of any amounts due which are attribut- able to ad valorem taxes and special assessments. ($)(a) Funds received by a managing entity or its successorSor assigns from time-sharedltleholder9 for du vd1Ureal taxes or special assessments shall be placed 1n escrow as orovlded 1r, mIs section for release as provided herein 1.343 Ch 19P _ TAXATION: GENERAL PROVISIONS (b) If the managing entity is a condominium associa- tion subject to the provisions of chapter 718 or a Cooper- ative association subject to the provisions of chapter 719, the control of which has been turned over to owners other than the developer, the escrow account must be maintained by the association; otherwise, the escrow account must be placed with an independent escrow agent, who shall comply with the provisions of chapter 721 relating to escrow agents. (c) The principal of such escrow account shall be paid only to the tax collector of the county in which the time-share development Is located or to his deputy. . (d) Interest earned upon any sum of money placed In escrow under iha provisions of this section shall be paid to the managing entity or its successors or assigns for the benefit of the owners of time-share units; how- ever, no interest may be paid unless all taxes on the time-share development have been paid. (e) On or before May 1 of each year, a statement of receipts and disbursements of the escrow account must be filed with the Division of Florida Land Sales, Condo- miniums, and Mobile Homes of the 'Department of Busi- ness Regulation. which may enforce this paragraph pur- suant to s. 721.26. This statement must appropriately show the amount of principal and interest in such account. (f) Any managing entity or escrow agent who inten- tionally fails to comply with this subsection concerning the establishment of an escrow account, deposits of funds into escrow, and withdrawal therefrom is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The failure to estab- lish an escrow account or to place funds therein as required in this section is prima facie evidence of an intentional violation of this section. (7) The tax collector shall accept only full payment of the taxes and special assessments due on the time- share development. (8) The managing entity shall have a lien pursuant to s. 718.121 or s. 721.16 on the time-share periods for the taxes and special assessments. (9) All provisions of law relating to enforcement and collection of delinquent taxes shall be administered with respect to the time-share development as a whole and the managing entity as an agent of the time-share period titleholders: if, however, an application is made pursuant to s. 197.502, the time-share period titlehold- ers shall receive the protections afforded by chapter 197. (10) In making his assessment of time-share real property, the property appraiser shall look first to the resale market. (11) If there is an inadequate number of resales to provide a basis for arriving at value conclusions, then the property appraiser shall deduct from the original pur- chase price "usual and reasonable fees and costs of the sale.' For purposes of this subsection, "usual and rea- sonable fees and costs of the sale' for time-share real property shall include all marketing costs, atypical financing costs, and those costs attributable to the right of a time-share unit owner or user to participate in an exchange network of resorts. For time-share real prop- erty, such "usual and reasonable fees and costs of the F.S. 1993 F.S. 1993 sale- shall be presumed to be 50 percent of the original purchase price: provided. however. such presumption shall be rebuttable. (12) Subsections (10) and (11) apply to fee and non - lee time-share real property. Wswy. 4.50. ch 82-226 s 28 ch 93-261.5 204. M 85-342.S 1 ch s 15. ch 88-216.s t2 ,.n 91-::w 'NOb: A60115het eM 0WM51M@lel1e010 the NMII a l01 S.111"54 -M PIC 1,58 lRegu w m s 2. CII 93-:20 192.042 Date of assessment. -All property shall be assessed according to :ts just value as follows: (1) Real property, on January 1 of each year. Improvements or portions not substantially completed on January 1 shall have no value placed thereon. 'Sub- stantially completed- shall mean :hat the improvement or some self-sufficient unit within it can be used for the purpose for which it was constructed. (2) Tangible personal property, on January 1, except construction work in progress shall have no value placed thereon until substantially completed as defined in s. 192.001(11)(d). (3) Intangible personal property, according to the rules laid down in chapter 199. NhtM.-s a.ch 70-243:s 57 ch 80.274 s 9. 0. 81-308, 192.047 Date of fifing.- (1) For the purposes of ad valorem tax administra- tion, the date of an official United States Postal Service postmark of an application for exemption, an application for special assessment classification, or a return filed by mail shall be considered the date of filing the application or return. (2) When the deadline for filing an ad valorem tax application or return falls on a Saturday, Sunday, or legal holiday, the filing period shall extend through the next working day immediately following such Saturday, Sun. day, or legal holiday. Hlawry.-s ' -9'85 192.053 Lien for unpaid taxes. -A lien for all taxes, penalties, and interest shall attach to any property upon which a lien is imposed by law on the date of assess- ment and shall continue in full force and effect until dis- charged by payment as provided in chapter 197 or until barred under chapter 95. I OM. s.3, ch. 4322. 1895. GS 0.10:8. 3. ch. 5596. 1907: RGS 696. CGL 896: S. 1, Ch. 18297. 1937. ss. 1.2. CII. 69-55, S. 5. ch. 70-243: s. 30. ch. 74-362. hl b. Fcrmsr ss 192.04.192021. 192.071 Administration of oaths. -For the purpose of administering the provisions of this law or of any other duties pertaining to the proper administration of the duties of the office of property appraiser, or of the filing of applications for tax exemptions as required by law, the property appraisers or their lawful deputies may administer oaths and attest same in the same manner and with the same effect as other persons authorized by law to administer oaths by the laws of the state. klsmry.-s 9. ch 17080. 1935. CGL 1936 Supp 897(10): ss. 1. 2. ch. 69-55. s 6. cin . 70-243. s. 1. Ch. 77-102 Neta.-F«mer s 192.20. 192.091 Commissions of property appraisers and tax collectors. - (1)(a) The budget of the property appraiser's office. as approved by the Department of Revenue, snall be the 1344 basis upon w- county, excer board, shall be vices renderer billed an amou total amount c taxes bore to municipal and as taxes leviec putatlon. (b) Payme• taxing authont various laxlnt requirements his budget rec Revenue purs receives final a: (2) The tax state shall be e real and tangii assessments c missions: (a) On the 1. Ten pe, 2. Five pe 3. Three p of taxes collet hon of $50 mile 4. Two pe (b) On col, and special as 1.a. Three F and remitted and b. Two pe 2. Actual cent, on the a and remitted. For the purpos the amount of millage, and : would be colle applicable to h ation were the other ad valor6 county comms: (3) In come assessed valva section the va taxes levied th (4) The cc for or levied b by the Compt as other Comc sions for colle and paid by Ih several countir letting all spec by the school taken out of it. district under r collectors for OFFICE OF COUNTYATTORNEY BOARD OF COUNTY COMMISSIONERS z t INDIAN RIVER COUNTY ''O<pRLOP' 1840 25th Street, Vero Beach, Florida 32960 Telephone: (407) 567-8000, Ext. 424 Suncom: 224-1424 Fax: (407) 770-5095 February 17, 1995 CHARLES P. VITUNAC County Attorney WILLIAM O. COLLINS 11 Deputy County Attorney TERRENCE P. O'BRIEN Asst. County Attorney SHARON PHILLIPS BRENNAN Aso. County Attorney RECMD Ms. Kathryn O'Halloran (�FE78 ?1 1995City Clerk CIfV CLERK'SCity of Sebastian OFFICE 1225 Main Street Sebastian, FL 32958 Dear Kay: Section 712.063, Florida Statutes, is not pertinent to special assessments for waterline construction by municipalities. I would refer you to Chapter 170, F.S., instead, and in particular to Section 170.08, F.S., in which the law is clearly stated that at the conclusion of the special assessment hearing "such assessments shall stand confirmed and remain, legal, valid, and binding first liens upon the property against which such assessments are made until paid... Promptly after such confirmation, the assessments shall be recorded by the City Clerk in a special book, to be known as the 'improvement lien book' and the record of the lien in this book shall constitute prima facie evidence of its validity..." Sending personal letters to all property owners in addition is not necessary for the liens to be valid. However, the Clerk will send the letters if you still want to, as long as you pay his charges and fees. Sincerely, Charles P. Vitunac County Attorney CPV/lk cc: Richard Woodard, Supervisor Recording Department City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 February 13, 1995 Mr. Rick Woodard, Deputy Clerk of the Indian River County P.O. Box 1028 Vero Beach, Florida Dear Rick: Circuit Court 32961 This is a follow-up letter relating to our past phone conversation on the City of Sebastian Riverfront Water Line Assessment. We discussed Florida Statute 712.06(3). It was stated at that time that 11712" did not apply to Water Line Assessments. The City is willing to pay the Clerk of the Circuit Court the service charge and the necessary mailing costs to comply with the Statute. Last week I spoke to Charley Vitunac, County Attorney, and he told me you and he had discussed this matter. May I please request your reply to this letter in writing. Sincerely, /1 - Kathr n M. O'Halloran, CMC/AAE City Clerk KMO:js c.c. County Attorney PLI �s 11-07-95 11:48AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY iC, i1•1k• .•�L �.��r•:►•',-Flr �r± ta"•,i," !� �1 �,. l A POI -6 C _: _": \ ►.►. �,! • :w�q 11'1:.; :+. ti -.-:I ,:.*", r �QL•1=L1►E 1!. i �/1 iA 6 t w F.Tasca F. ALA=r'G:: C�rrlC= .. Cx i3KG:itY X. or c k447) fr64.27,GO ar C*V"XZs. �►Lsr.Y 74. :L's.AGi iici koo 2*z%-^zv %%*zxrz Gocca. YLOX13).. 6� (.&O`) 634- SQ1! FACSIMILE COVER" SHk;.r...fL' T M • :MRDCO:Y WILL�. :�1..�T ��. t +rrS { ��'0 NOTICE OF CONa ENTIALITY The information contained in this facsimile *nessage is intended only for the personal and confidential use of ',,.'he designated recipients named above. This message ray be attorney-client co==n. ioatica, and as s;:ch �s p: itiTileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering i t to the intended recip ient,, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution or copying of this message is strictly prohibi ted . If you have received this c==Unication in error, please ,notify us immediately by telephone and return the original message to us by mail at our expense. Thank you. 'ZI. psi' MLINME R THIS TELE -COPY CT PAC :S, (INCLUDING V03-15 COV—.,-' 5 £T) .AS SOON rS POSSIBLE. SPLCIALL INSTRUCTIONS: IF Ts?=n=. 'IS -ICY : } - 11-07-98 11:48AM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY $700r000 CITY OF SRBASTZAN, FLORIDA I"RCivMUM BONA, SZRIRS 3.995 List of Closing Documents November s, 1995 1) P02 Z . C OF SMASTXM, FLORIDA 1.1 Certified copy of Resolution NQ. R-94-47, adopted on September 14, 1994. to .2 Affidavit of Publication of Initial- Assessment Resolution.. YCer i ied copy of Resolution No. R-94-48, adopted 91 1994, netting a public hearing. .4 Affidavit of Publication of Prelimindry Assessment Roll Hearing. 1.5 Certified copy of Resolution No. R-94-53, adopted on September 28, 1994. 40 1.6 Certified copy of Resolution No. R-95• , adopted on November 8, 1995. 1.7 Incumbency Certificate. 1.8 Signature Certificate. 1.9 Certificate as to Arbitrage and Certain Other Tax Matters. 1.10 No -Litigation Certificate. UO, 1.11 Issuer's General Certificate. 1.12 Certificate as to Specimen Bong. 1.13 County's Certificate as to Delivery and Payment. 1.14 Certificate as to No Prior Pledge. 1.15 Division of Bond Finance Forme. 1.16 Internal Revenue Service Form 8038-G. II. BARMTT 8= OF TR$ TB$ASM COAST 2.1 Purchaser's Disclosure Letter required by 9ectich 218.385, Florida Statutes. 2.2 Commitment Letter. 2.3 Certificate as to Delivery and Payment. LAM' OFFICES OF POTTER, MCCLELLAND, MARKS & HEALY, P. A. WILLIAM C. POTTER - 'Il FIRST UN30R BGNR BUILDING. SUITE 400 CLIFTON A. MCGLELLAND, JR. 700 SOCTIi HABCOCE STREET DOUGLAS D. MARES pUG 1995 PATRICK F. HEALx Post OFFICE Box 2523 TIMOTHY M. WILLLSTiS RIBCeivedBOURNE, FLORIDA 32902-2523 city Manage) s (407) 984-2700 HARRY A. JONES REPLY TO: MELBOURNE Office FAX: (4077 723-4092 OF CODNSEI. 200 BREYARD AVENUE _ COCOA. FLORIDA 32922 (407) 634-5011 August 17, 1995 Charles P. Vitunac, Esq. Indian River County Attorney 1840 25th Street Vero Beach, FL 32960-3384 Dear Mr. Vitunac: The City of Sebastian is in the process of financing the Riverfront Waterline Project. As you recall, the City of Sebastian imposed a special assessment for this project. Barnett Bank has agreed to buy the bonds at a negotiated sale. Nabors, Giblin & Nickerson, P.A. are preparing the instruments to effectuate the closing. The closing requires the execution by the County of the enclosed certificate, as the County is purchasing the City of Sebastian Utility System. If the County is unable to execute the enclosed certification, please notify me immediately. Respectfully, 0. . `cp - , ti Clifton A. McClelland, Jr. CAM/tah Enclosures cc: Joel Koford, City Manager Joel Haniford, City Finance Director Terry Pinto, Indian River County Utilities Director AGREEMENT OF INDIAN RIVER COUNTY The undersigned Chairman of the Board of County Commissioners of Indian River County, Florida (the "County") does hereby agree and covenant on behalf of the County with the City of Sebastian, Florida (the "City") with respect to the City's Special Assessment Bond, Series 1995 (the "Bond"), as follows: (1) The County acknowledges that the Bond has been issued by the City for the acquisition and construction of water distribution lines within the City (the "Project"), the ownership of which Project will be transferred to the County upon the completion thereof; and (2) The County hereby agrees that it will not take any action, including any transfer of ownership of the Project to any private entity, which would cause the interest on the Bond to be included in gross income for purposes of federal income taxation to the extent not otherwise included therein on the date of issuance of the Bond. IN WITNESS WHEREOF, I have hereunto set my hand this day of August, 1995. INDIAN RIVER COUNTY, FLORIDA Chairman, Board of County Commissioners TO: FROM: DATE: RE: �®Q 40Cr' �VC C' m,CXM ,S City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 M E M O R Marilyn Swichkow Finance Director Jan Kingt September 23, 1994 A N D U M Preliminary Assessment - Riverfront Water Service On September 23, 1994, Sandra McCann phoned me to inquire about several notices she has received regarding the preliminary assessment for the riverfront water service meeting scheduled for September 28, 1994. One of Ms. McCann's properties is located in the River Oaks Townhomes. She was curious as to why her assessment would be $ .00 (as her letter stated). After some research, I realize why this happened. The townhomes are located on one parcel of land (Map ID. #175), but have 15 different parcel ID. numbers. The assessment information for the entire property appears to have been sent to 06-31-39-00023-0001-00001.0 Marjorie Lutkemeier. The other 14 owners (including Ms. McCann) probably received letters showing $ .00 assessment. A similar condition exists on Map ID. #90. Three owners with three parcel ID. numbers are assigned to the same property. However, it would appear from the computer list that all three have been assessed $ .00. The assessment roll should reflect approximately .28 acres for this property. Several addresses have been corrected and the notification letters regarding the September 28, 1994 meeting have been sent out. The field for the street address information may be a little too small. The Sebastian Inlet Marina notices were returned because the suite number was printed as 20 instead of 201. If I can be of any further help to you regarding this matter, let me know. :7k LAw OFFICES OF POTTER, MCCLELLAND, MARES & HEALY, P. A. WILLIAM C. POTTER FIRST UNION BANE BUILDING, SUITE 400 CLIFTON A. MCCLELLAND, JR. 700 SOUTH BABCOCK STREET DOUGLAS D. MARES PATRICK F. HEALY POST OFFICE BOX 2523 TIMOTHY M. WILLLAMs MELBOURNE. FLORIDA 32902-2523 NOVBK (407) 904-2700 HARRY A. JONES UP COUNSCL pp pp !� Receiver, FAX: (407) 723-4092 City Manager: Office November 14, 1995 Earl H. Masteller, P.E. Masteller & Moler, Inc. 1623 N. U.S. Highway 1, Suite B2 Sebastian, Florida 32958 Re: Proposed Acquisition of Two Easements for Water Service Riverfront Water Project City of Sebastian, Florida Dear Mr. Masteller: Pursuant to your letter of October 30, 1995, enclosed are two easements granting permission to install and maintain water lines. If you have any questions or comments please let me know. Very truly yours, Timothy M. Williams Enclosures CC: Joel Koford, City Manager PREPARED BY AND RETURN TO: TIMOTHY M. WILLIAMS, ESQUIRE POTTER, MCCLELLAND, MARKS & HEALY, P.A. 700 S. Babcock Street, Suite 400 P.O. Box 2523 Melbourne, Florida 32902-2523 GRANT OF EASEMENT THIS INDENTURE, made this day of November, 1995 between Condor Land Holdings, Inc.; a Florida Corporation, party of the first part, and MARIA HART, whose post office address is 1546 N. U.S. 1, Sebastian, Florida 32958, party of the second part, WITNESSETH, that the said party of the first party, for and in consideration of the sum of one dollar, ($1.00) and other valuable considerations to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, have granted bargained and sold, and by these presents do grant, bargain and sell to the said party of the second part, her successors and assigns, an easement for installation and maintenance of a water line over the property described in Exhibit "A" attached hereto. And the said party of the first part does hereby fully warrant the title to said lands, and will defend the same against the lawful claims of all persons whomsoever. This easement shall be appurtenant to: LOT 6, BLOCK 2, Middleton's Subdivision, as recorded in Plat Book 2, Page 56, of the Public Records of Indian River County, Florida TO HAVE TO HOLD unto the party of the second part, her heirs, successors or assigns forever. Condor Land Holdings, Inc., a Florida corporation By: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of November, 1995, by as of Condor Land Holdings, Inc., a Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced a as identification and who did not take an oath. NOTARY OF PUBLIC My Commission Number: My Commission Expires: PREPARED BY AND RETURN TO: TIMOTHY M. WILLIAMS, ESQUIRE POTTER, MCCLELLAND, MARKS & HEALY, P.A. 700 S. Babcock Street, Suite 400 P.O. Box 2523 Melbourne, Florida 32902-2523 GRANT OF EASEMENT THIS INDENTURE, made this day of November, 1995 between Richard Fey, P.O. Box 963, Roseland, Florida 32957-0936, party of the first part, and Gay A. Cormier and Sara A. Cornier, whose post of f ice address is 5 Shelter Rock Road, Danbury, CT 06810, party of the second part, WITNESSETH, that the said party of the first party, for and in consideration of the sum of -one dollar, ($1.00) and other valuable considerations to him in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted bargained and sold, and by these presents does grant, bargain and sell to the said party of the second part, their successors and assigns, an easement for installation and maintenance of a water line over the property described in Exhibit "A" attached hereto. And the said party of the first part do hereby fully warrant the title to said lands, and will defend the same against the lawful claims of all persons whomsoever. This easement shall be appurtenant to the property of the party of the second part to the south of said easement. TO HAVE TO HOLD unto the party of the second part, their heirs, successors or assigns forever. Signature of Witness RICHARD FEY, GRANTOR Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of November, 1995, by Richard Fey, who is personally known to me or who has produced a as identification and who did not take an oath. NOTARY OF PUBLIC My Commission Number: My Commission Expires: 'W .. 1 n -r r."{ ,'! ne%1 7 %.,) L.V i) [ iL.V vft. LOT 3, BLOCK 2 m g2 z L i /i J /,\T d ^ Jn iN It r7 00 J c0 to s 25 5b LE&AL OE6C/R/PrION: 19 L A 10.00' STRIP OF LAND TO BE USED AS A UTILITY EASEMENT, MORE PARMCULARLY DESCRIBED AS FOLLCWS: THE NORTH 10.00 FEET OF LOT 3, BLOCK 2, MIDDLETON'S SUBDIVISION, AS RECORDED IN PLATBOOK 2, PAGE 56, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 95-4317ESMn.Dwc DISK 254 SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY PRBPARBD BY: MASTELLER, MOLER & REED 1829 N. US 1 SUITE 112 SEBJ►STIAN, A. 32938 9 a CERTIFIED correct to the best of my knowledge and belief In conformity with the minimum technical standards eat forth by the FLORIDA BOARD OF PROFESSIONAL SURVEYORS and MAPPERS pursuant to section 472.027 of the FLORIDA statutes and 61617-6 of the administrative code. This survey is prepared and certified for the exclusive use of the client or Clients named hereon. This survey is not valid without the embossed su eyor seal of the undersigned. 0 rL l q XrI l 0d. STUART A. HOUSTON, P.S.M. #4490 Cit_Vvf CDrn N W --.. y-- 10.00' L i /i J /,\T d ^ Jn iN It r7 00 J c0 to s 25 5b LE&AL OE6C/R/PrION: 19 L A 10.00' STRIP OF LAND TO BE USED AS A UTILITY EASEMENT, MORE PARMCULARLY DESCRIBED AS FOLLCWS: THE NORTH 10.00 FEET OF LOT 3, BLOCK 2, MIDDLETON'S SUBDIVISION, AS RECORDED IN PLATBOOK 2, PAGE 56, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 95-4317ESMn.Dwc DISK 254 SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY PRBPARBD BY: MASTELLER, MOLER & REED 1829 N. US 1 SUITE 112 SEBJ►STIAN, A. 32938 9 a CERTIFIED correct to the best of my knowledge and belief In conformity with the minimum technical standards eat forth by the FLORIDA BOARD OF PROFESSIONAL SURVEYORS and MAPPERS pursuant to section 472.027 of the FLORIDA statutes and 61617-6 of the administrative code. This survey is prepared and certified for the exclusive use of the client or Clients named hereon. This survey is not valid without the embossed su eyor seal of the undersigned. 0 rL l q XrI l 0d. STUART A. HOUSTON, P.S.M. #4490 ITTY 47 ,r 4 A a !"t l v 1 y�y •I �' ��t� tic, �;,V �q't ICON Ofl Z 85 4g,2Z* RIGNT p � P AR��4Ap,LY M4RE U'PL�T{ �ASRpp ...p,�..WAY �G 5EID As A ESCRtR'� p pF RIGH'C SAT i,�'' t� p .Tp gE U �.pNG a EA$.'RtrY IDN A p L•r IP OF �p,N OF �ME F4 15, i.�NG AS SNp,O•t , 4", 'tR 't T 14.44 Fpp RLY SEN A 14, XX-%- pOF 8I-4CIC .�(jWN5N1P QCK 2. P��E A. EAS ES pF 1psosoi\AsQ �C.Sp C4 4g0 1N p y+1�S� 9� RLY NpR,gIERLYpING Z4 R�a�V►$1pN ps-npN. Rg ipA, 1.�ss NpR'M E S. ACC Q ARK, AT{ 4'� see F �a Spv"tt�ERLYTHENCE R�,� E a �p of • GEWA R IN S' C RISC .t'EN FEE OF t,0� 4' jlD NpR;iv� � OF OF GE 39 E RAS pF INIDI AZ A P pAR.{ VNE N EX�� iER�-Y AN a'R' ER�'Y �+t'E. PSOC REC ALSO. SEG R4Y gpU p, El. Yp RUN NpR 'To 'MEN NC?R1N V 15: REpF. E EAC E pAR FENCE NID 15, A�pIyG pF LOT .ME NER 4N 'CN pN A U 54-� L4�S j 4 A WESREY ,� GpRNER 4p� 15 CpR ,MEAS•�ER jANCE pF Y SNE pF ENCS RUN �EAS•�ER1. Y SNE OF NpR 1A A IDIS gpVNpAR AC.�; 'M lo ,ME NpR 5noNIDAR ZNE ao P�-A`'(GRp�Nt..A G a�NID s EA$ R`Y .�. PARK ANID K A S,�.RLY A �� Of f SAID p AREA ? aF G1N IV 4 tp `ME pplN ANO 1 Of .AE► Sig 5 lg� K• V`3 ,�" gx9 5��,Tii►ld A%O CSR a�n�ty w�u..- i'Kv p27 ct �,.- t�a�� - - ase o, j - basad tri ap bac 101 4-1Z cf tha aft a eX{d�withaut the em thevan g1Cs1 cef�t is not dets�9�sd. 4 rspatsd 4R.� `s sv�of tn@ sr is 'ley ..d �8�sv►r�reY°f s 9459P (9459est2.ws) SEBASTIAN WATER SYSTEM - PROJECT COST ESTIMATE (SOUTH WALMART TO NORTH WALMART) Rev. 8/5/94 July 22, 1994 DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE 4" DIA. PVC PIPE 4" DIA. BLOW -OFF 4" DIA. GATE VALVES W/BOXES 6" DIA. PVC PIPE 6" DIA. GATE VALVES W/BOXES SERVICES W/METERS, ETC. HYDRANT SYSTEMS JACK & BORE US 11 W/12" DIA. CARRIER PIPE 12" DIA. PVC PIPE 12" DIA. GATE VALVES W/BOXES CONCRETE ASPHALT SOD CONSTRUCTION SUB -TOTAL CONTINGENCY 10% SUBTOTAL 1,500 LF 9.00 13,500.00 5 EA 300.00 11500.00 5 EA 375.00 11875.00 4,500 LF 11.00 49,500.00 10 EA 500.00 51000.00 100 EA 275.00 27,500.00 15 EA 21400.00 36,000.00 1 EA 25,000.00 25,000.00 12,100 LF 25.00 302,500.00 13 EA 11400.00 18,200.00 300 LF 20.00 61000.00 11000 LF 25.00 25,000.00 10,000 LF 2.00 ------------- 20,000.00 ENGINEERING DESIGN, PERMITTING CONTRACT ADMINISTRATION & INSPECTION SUPPORT SERVICES RELATIVE TO ASSESSMENT PROGRAM TOTAL ESTIMATED PROJECT COST USE 531,575.00 $53,157.50 584,732.50 39,000.00 9,000.00 7,500.00 ------------- 640,232.50 $640,000.00