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Resolution 2015-050 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- 5 0 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 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 DWIGUTi- BROCK, CLERK COLLIER COUNTY, FLORIDA B; By: rerre-e-- ': . . Attest ab..Cf airman s TIM NANCE, CHAIRMAN c!r,nl+ttte•only. gveripm d legality: Scott R. Teach Deputy County Attorney 2 �l Cott" Co unty 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 1/2 of the East '/ 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 '/ of the Northeast '/4, less the North 100 feet previously dedicated for State Highway#846. (Immokalee Road) The West 30 feet of the East '/ 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 '/ of the Northeast '/, less the North 100 feet previously dedicated for State Highway#846. (Immokalee Road) Subject to Easements and Restrictions of Record. 7' _. Mar us 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&Dea6POptOon 4oP D®d06ataon off Hock Rosa an Accordance G7ath SCe?6taon 95,361, Moeda Statutes Pert o4 Sec©tuoi 29,Townehap 40 South, Range 27 Feat,CHOW.County, Facade. QHock Road,60 foot Wade V aght=O4-Mn7ay 100' CANAL R/`N NORTH LINE OF SECTION 29 too' R/W IMMOKALEE ROAD LESS AND EXCEPT NORTH 79.18' LESS AND EXCEPT NORTH 89.18 8 9 20 21 WEST 30 FEET __ OF THE EAST 1/2 __ '" "`OF THE EAST 1/2 O C) 7 10 19 22 0 C) NO NAME LANE EAST 30 FEET — WEST 1/2 OF 6 11 18 23 THE EAST 1/2 I 22ND AVENUE IOW. 5 12 17 24 GOLDEN GATE ESTATES UNIT 20 P.B. 7, PAGE 79 4 16 25 EAST LINE OF---- SECTION 29 2-0TII 'AVENUE N. P. 3 15 26 GRAPHIC SCALE 0 400 800 800 O 0 ( IN FEET ) 1 inch = 400 ft. O MAfZCUS L.BERMAN,P.S.M. 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 2014-002 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 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 1/4 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 1/4 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 1/4 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 '/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. Michelle Edwards Arnold SWORN AND SUBSCRIBED to before me on this (k day of February, 2015, by Michelle Edwards Arnold who is personally known to me or who produced (type of identification) as identification. Sig ture of N ry Public Printed Name of Notary Public My Commission Expires: 4.Y.:::11% JAMES J.VON RINTELN * * MY COMMISSION t EE 844816 EXPIRES:October 17,2016 �'r6OF no% Bonded Thar Budget Notary Services Exhibit"B" • SKETCH&DESCRIPTION FOR DEDICATION OF ROCK ROAD IN ACCORDANCE WITH SECTION 95.361,FLORIDA STATUTES 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,a4ece,_ T1M NANCE,CHAIRMAN BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA ,&A__,t/Lbsz____ D' IG HT E BROCK,EX OFFICIO CLERK AVIOARD OF COLT TY COMJVIISSIONERS 'Attest as to . airman s signature o44 Cp ooyes,:s to • d legality y Scott R.Teach,Deputy County Attorney NOT VALID 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 =F 4 ' M'