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Backup Documents 03/10/2015 Item #11B ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP �r� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO CJ�-�J THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE O_ Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete th th exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney e. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 5" s 3`kokvS 4. BCC Office Board of County Commissioners i 5. Minutes and Records Clerk of Court's Office , PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for a ditional or missing information. Name of Primary Staff Harry Sells & ssie Sillery Phone Number 252-4980 Contact/ Department Public Transit BHD Enhancement 252-5840 Agenda Date Item was 3-10-2015 �'S Agenda Item Number //Q - „/y33 Approved by the BCC Type of Document Attached Resolution—Exhibit A(Sketch&Description)& Number of Original Exhibit B((affidavit) jeOC f' /DA, Documents Attached PO number or account number if document is to be II/&5 -/6.2.S/s" 6 j9o3d recorded INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is appropriate. Yes N/A(Not (Initial) Applicable) 1. Does the document require the chairman's original signature? //1 2. Does the document need to be sent to another agency for additional signatures? If yes,provide the Contact 1,i Information(Name;Agency;Address;Phone)on an attached sheet. / 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. ) 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other P parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are P I required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and { )1 require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3-10-15 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if l' applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. cok INSTR 5094376 OR 5128 PG 2797 RECORDED 3/12/2015 4:17 PM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$61.00 RESOLUTION NO.2015- 50 1 1 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN AND CLERK OF COURT TO CERTIFY AND FILE THE MAP SKETCH OF A PORTION OF ROCK ROAD, FROM IMMOKALEE ROAD TO MINGO ROAD SITUATED WITHIN THE ROCK ROAD MUNICIPAL SERVICE TAXING UNIT, IN ACCORDANCE WITH SECTION 95.361(3),FLORIDA STATUTES WHEREAS, on September 13, 2006, the Board of Collier County Commissioners (the "Board") issued a declaration of emergency for the Rock Road area, asserting that the poor condition of the then existing road created a health and safety concern by severely limiting access to emergency vehicles; and WHEREAS, at that time the Board further directed County staff to immediately commence emergency repairs to Rock Road and the surrounding side streets to make them passable for vehicular traffic and such repairs were then made; and WHEREAS, on November 28, 2006, the Board of Collier County Commissioners adopted Ordinance No. 2006-56, as amended, establishing the Rock Road Improvement Municipal Service Taxing Unit(the "MSTU"); and WHEREAS, the MSTU was created for the purpose of providing and maintaining roadway improvements including but not limited to attendant facilities such as drainage, sidewalks and street lighting; and WHEREAS, the portion of Rock Road as described in the map sketch and legal description attached hereto as Exhibit "A" (hereafter, the "Subject Parcel") was never formally established as a public road; and WHEREAS, Florida Statutes Section 95.361(2) states, in part,that a county that regularly maintains or repairs a road constructed by a nongovernmental entity for the immediate past seven (7) years is deemed to have been dedicated the road, to the extent of the width actually maintained, and that the dedication vests all rights, title, easement and appurtenances to the road in the County, whether or not there is a record of conveyance, dedication or appropriation to the public use; and WHEREAS, the County has regularly maintained or repaired the Subject Parcel for the immediate past seven (7) years as described in the affidavit of Michelle Arnold, Public Transit and Neighborhood Enhancement Department Director, attached hereto as Exhibit`B;"and WHEREAS, Section 95.361(3), Florida Statutes, provides that the filing of a map in the office of the Clerk of the Circuit Court of the county where the road is located showing the lands bJ 11B and reciting on it that the road has vested in the county in accordance with Section 95.361(2), Florida Statutes, duly certified by the Chairman and Clerk of the Board of County Commissioners, shall be prima facie evidence of ownership of the road by the county (See sample Certification attached hereto as Exhibit"C"); and WHEREAS, the Board of Commissioners of Collier County wishes to authorize the Chairman and the Clerk to the Board of County Commissioners to certify and file the map sketch of the Subject Parcel in the office of the Clerk of the Circuit Court of Collier County, Florida in accordance with Section 95.361(3), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. All of the above Recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The Chairman and the Clerk to the Board of County Commissioners are authorized and directed to certify and file the map of the section of Rock Road as situated and reflected on the attached map sketch and corresponding legal description attached hereto as Exhibit "A" and the executed Certification attached as Exhibit "C," in the office of the Clerk of the Circuit Court of Collier County, Florida in accordance with Section 95.361(3),Florida Statutes. 3. This resolution shall take effect immediately upon adoption. This resolution adopted after motion, second and majority vote favoring same, this 10th day of March, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER COUNTY, FLORIDA r 4111101111 By By. / e",a*c_e_ Attest ago Chairman's TIM NANCE, CHAIRMAN ` �'in tiire only. 7ri .. :ved astod legality: t-/ Scott R. Teach Deputy County Attorney 2 tom `' � lJ% Co C.,ounty Ike 1116 Growth Management Division Land Development Services Sketch & Description for Dedication of Rock Road In Accordance with Section 95.361, Florida Statutes, Part of Section 29, Township 48 South, Range 27 East, Collier County, Florida. (Rock Road, 60 foot wide Right-of-Way) The East 30 feet of the West "A of the East 1/2 of Section 29, Township 48 South, Range 27 East, Collier County, Florida; LESS AND EXCEPT The Northerly 189.18 feet of the East 30 feet of the Northwest 1/4 of the Northeast 14, less the North 100 feet previously dedicated for State Highway #846. (Immokalee Road) The West 30 feet of the East 1/2 of the East 1/2 of Section 29, Township 48 South, Range 27 East, Collier County, Florida; LESS AND EXCEPT The Northerly 179.18 feet of the West 30 feet of the Northeast 1/4 of the Northeast 1/4, less the North 100 feet previously dedicated for State Highway #846. (Immokalee Road) Subject to Easements and Restrictions of Record. 6_97/, Marcus L. Berman, P.S.M. Florida Surveyor and Mapper LS 5086 Collier County Surveyor Date: 2/14/2014 Ref Dwg No.: 2014-002 Rev: 2/18/14 Rev: 3/11/14 Rev: 3/03/15 Page 1 of 3 EXHIBIT "A" Sketch i DascrIptOon for DadcatIon of Hock Road li Accordance Wth S®©tl©p 95.361, Fflouuda Statutes NIA 04 SootIon 209 TomneND 40 South, Mango 27 East, CCoDMaar County, Faced& B QG ook G aid,600 Foot Mn9 de Mgha-O4-Mn ay 100' CANAL R/W NORTH LINE OF SECTION 29 100 R/W IMMOKALEE ROAD LESS AND EXCEPT NORTH 09.18' LESS AND EXCEPT NORTH 78.18' 8 9 20 21 r— — WEST 30 FEET __ __ __ ___ OF THE EAST 1/2 __ _ _Yana na "` 'OF THE EAST 1/2 0 7 10 19 22 0 D 0 NO NAME LANE EAST 30 FEET - _ WEST 1/2 OF 6 11 18 23 THE EAST 1/2 22ND AVENUE N C 5 12 17 24 GOLDEN GATE E TATES UNIT 20 P.B. 7, PAGE 79 4 16 25 EAST LINE OF----- SECTION 29 3 15 26 GRAPHIC SCALE 0 400 600 800 ( IN FEET ) 1 inch = 400 ft. 0 MARCUS L.BERMAN,P.S.M. p 2. REVISED 03.03.15 FLORIDA SURVEYOR&MAPPER LS 5086 1. REVISED 03.11.14 COLLIER COUNTY SURVEYOR MINGO DRIVE COLLIER COUNTY SOUTH LINE OF SECTION 29 Engineering and Environmental Service Department 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239-252-6885 Fax 239-252-6476 *** NOT A SURVEY*** Date: SCALE: Job File No: SHEET NO. File No: EXHIBIT "A" 2-14-2014 1" = 400' NONE 2 OF 3 2014-0021 H:\Planning and Regulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\Rock Road\2014-002 Rock Road.dwg,3/3/2C15 9:11:47 AM AFFIDAVIT 1B STATE OF FLORIDA ) )ss: COUNTY OF COLLIER ) BEFORE ME, the undersigned authority, personally appeared Michelle Edwards Arnold, who upon being duly sworn, deposes and says that: 1. My name is Michelle Edwards Arnold. I am over twenty-one (21) years of age and have personal knowledge of all matters stated or referred to in this Affidavit. 2. I am currently the Director for the Collier County Public Transit and Neighborhood Enhancement ("PTNE") Department. The PTNE Department is responsible for the oversight of Municipal Service Taxing Units ("MSTU") and maintenance projects within those MSTU's. 3. Based on a review of the County's records and information provided to me by County personnel, the County has regularly maintained or repaired, for more than the immediate past seven (7) years, that section of Road Road located within the Rock Road MSTU, described as follows: The East 30 feet of the West 1/2 of the East '/2 of Section 29, Township 48 South, Range 27 East, Collier County, Florida; LESS AND EXCEPT The Northerly 189.18 fee of the East 30 feet of the Northwest '/4 of the Northeast 1/4 less the North 100 feet previously dedicated for State Highway#846. (Immokalee Road) The West 30 feet of the East '/4 of Section 29, Township 48 South, Range 27 East, Collier County, Florida; LESS AND EXCEPT The Northerly 179.18 feet of the West 30 feet of the Northeast 1/4 of the Northeast 1/4, less the North 100 feet previously dedicated for State Highway #846. (Immokalee Road) Subject to Easements and Restrictions of Record Exhibit `B" FURTHER AFFIANT SAYETH NAUGHT. 1 113 Michelle Edwards Arnold SWORN AND SUBSCRIBED to before me on this 1l day of February, 2015, by Michelle Edwards Arnold who is personally known to me or who produced , L. (type of identification) as identification. Sig ture of N y Public Printed Name of Notary Public My Commission Expires: .e01•1.11.kt, JAMES J.VON RINTEW * MY COMMISSION#EE 844816 EXPIRES:October 17,2016 44,0F ° Bonded Thin Budget Notary Services Exhibit"B" SKETCH&DESCRIPTION FOR DEDICATION OF ROCK ROAD IN ACCORDANCE WITH SECTION 95.361,FLORIDA STATUTES113 CERTIFICATION: I HEREBY CERTIFY THAT THE ROAD DESCRIBED HEREIN HAS VESTED IN THE CITY OF COLLIER COUNTY, FLORIDA IN ACCORDANCE WITH SECITON 95.361(2),FLORIDA STATUTES. er,daore.e._ TIM NANCE,CHAIRMAN BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA vJ D IG HT E.BROCK,EX OFFICIO CLERK Tb;BOARDOF cowry COMMISSIONERS Attest as to Chairman s sig'ftaturr.only. • pcIrove•j:s to • d legality rr Scott R.Teach,Deputy County Attorney NOT VAUD UNLESS ACCOMPANIED BY ALL SHEETS,3 TOTAL. SEE SHEET 1 FOR LEGAL DESCRIPTION OF PORTION OF ROCK ROAD RIGHT OF WAY DEDICATION, SHEET 2 FOR SURVEYOR'S SKETCH OF DESCRIPTION OF ROCK ROAD RIGHT OF WAY DEDICATION AND SHEET 3 FOR CERTIFICATION OF VESTING PURSUANT TO SECTION 95.361(2),FLORIDA STATUTES. Sheet No.3 of 3 -"�' I 1 ..., 4., 0 r oC cn 13 cn Z W pap (f) O = U 0. m o W I-I 0 t OJ ° I m O ( w U 3 1 G Q 2 W QW I- E=. m � I=- a >• tn '0 Wzw Z W t o St N 0 CA F- a Q 0 Lu 0 E W o CO w Lo° a a .1_r cc q oHZ 0 I N �� 0 N ° w OL 0 )ft -0 a � D a re -, n re C ` — E Z_ . 4- 0 ° a a $ �`' g m a 1 Q Lu m m W 0 W d w I F- .) Q s= z L H z1 ' C N O C• � Ov0 = G k y_ z ?^ a m 0 re W m0w = u.tn ma IL e o Q jI- I Q0 ,% cn Q se N LLI W C MzW I" ui -� � U n m \ki v (4) Co W < V 0 O 886 Lu 6 = W I } = F- Z �\ zQ I- Z 0 C " ~ w o� E C ��1 = zzH W 0 CL W J 0 QOw 0 UJ V1 W J i d' 0 ipJ W = 0 —I z a = cem0 o c, D W d Li J i U N../ W C7 < I d 020 5 I a z CL U cn U d