Agenda 03/28/2017 Item #17B03/28/2017
EXECUTIVE SUMMARY
Recommendation to adopt an amendment to Ordinance No. 2006-56, the Rock Road Improvement
Municipal Service Taxing Unit (MSTU), in order to disband the three-person Rock Road
Improvement MSTU Advisory Committee.
OBJECTIVE: To disband the Rock Road Improvement MSTU Advisory Committee.
CONSIDERATIONS: On November 28, 2006, the Board adopted Ordinance 2006-56, establishing the
Rock Road Improvement MSTU, which provided a means to maintain the roadways and other facilities
such as drainage, sidewalks, and street lighting, within the defined boundaries. On June 22, 2011, the
Board adopted Ordinance 2011-22, modifying Ordinance 2006-56 by changing the boundaries of the
MSTU and establishing a three-member Advisory Committee to improve communications for future
projects within the MSTU.
The MSTU consists of approximately 950 acres within Rock Road traversing north to south for 1.5 miles.
All access to the MSTU is via seven feeder roads which terminate on and force all ingress and egress to
the MSTU over Rock Road. A one-mile segment of the heavily traveled roadway forced almost
continuous maintenance on Rock Road to support the traffic. On March 10, 2015, the Board of County
Commissioners approved Resolution No. 2015-56 to claim ownership of the northern mile of Rock Road,
authorized a loan to the MSTU, and directed that Rock Road be paved. The MSTU was tasked with
paying back the loan, and maintaining the paved portion of the road until the loan was paid, after which
Collier County would accept responsibility for maintenance. The recommended payback period is ten to
twelve years.
In June 2015, the northern mile of Rock Road was paved to a width of 20 feet. The paved portion is now
over 1.5 years old, and the maintenance costs for that portion of the road have dropped from $15,000
annually to zero. The expected life of the paved road will exceed fifteen years, and no significant
maintenance will be required during that period. Annual operating income from ad valorem taxes is
$33,000 per year. Various mandated overhead amounts plus a recommended loan payback of $15,000 per
year leaves approximately $15,000 per year to maintain the paved portion of Rock Road and four miles of
gravel roads. Experience over eighteen months has shown that the remaining funds appear to be adequate
for the purpose, but leave little room for discretionary spending.
Since July 2016, the Rock Road Advisory Committee has had two vacancies with no applications, and the
term of the last member will expire in July 2017. The paving of one mile of Rock Road was the major
objective of the advisory committee, and that objective has been achieved. When the paving project was
completed, a major portion of the income was dedicated to the payback of the loan, and the need for
immediate input from the Advisory Committee was greatly reduced. Current ordinances require at least
two public meetings per year. Staff would continue to coordinate a minimum of two meetings with the
public to provide budget information and determine if there are any concerns.
At a Rock Road MSTU Public meeting on February 9, 2017, the attendees agreed that this action was
appropriate.
With the reduced interest of the community to maintain the advisory committee, staff recommends
disbanding the Rock Road MSTU Advisory Committee and reassigning the responsibilities for the
administration functions back to the County Manager or his Designee.
At its February 28, 2017 regular meeting, the Board authorized staff to advertise the proposed ordinance
for future consideration.
03/28/2017
FISCAL IMPACT: The approximate cost to advertise the proposed ordinance is $400.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form
and legality. A majority vote of the Board is required for approval. - JAK
RECOMMENDATION: To adopts the proposed amendment to Ordinance No. 2006-56, in order to
disband the three-person Road Improvement MSTU Advisory Committee.
Prepared By: Harry Sells, MSTU Project Manager, PTNE Division
ATTACHMENT(S)
1. Ordinance - Rock Road MSTU Amendment 013117 (PDF)
2. Rock Road Ordinance 2006-56 (PDF)
3. Rock Road MSTU Ordinance 2011-22 (PDF)
4. Rock Road Resolution 2015-50 from March 10, 2015 (PDF)
5. Legal Ad - Agenda ID #2822 (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 2822
Item Summary: Recommendation to adopt an amendment to Ordinance No. 2006-56, the Rock
Road Improvement Municipal Service Taxing Unit (MSTU), in order to disband the three-person Rock
Road Improvement MSTU Advisory Committee.
Meeting Date: 03/28/2017
Prepared by:
Title: Project Manager – Public Transit & Neighborhood Enhancement
Name: Harry Sells
02/28/2017 4:35 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
02/28/2017 4:35 PM
Approved By:
Review:
Public Services Department Joshua Hammond Additional Reviewer Completed 03/03/2017 11:29 AM
Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 03/05/2017 3:20 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 03/13/2017 9:28 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/14/2017 10:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 9:14 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/15/2017 9:53 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/20/2017 2:54 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 9:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
ORDINANCE NO. 2017 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-56,
AS AMENDED, WHICH CREATED THE ROCK ROAD IMPROVEMENT
MUNICIPAL SERVICE TAXING UNIT, BY DISSOLVING THE ROCK
ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT
ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, on November 28, 2006, the Board of County Commissioners adopted
Ordinance No. 2006-56, establishing the Rock Road Improvement Municipal Service Taxing
Unit (MSTU); and
WHEREAS, the Board of County Commissioners (Board) subsequently amended
Ordinance No. 2006-56 through its adoption of Ordinance No. 2011-22 which revised the
geographical boundaries of the MSTU and created an advisory committee to review and
recommend work programs and priorities to accomplish the MSTU's purpose; and
WHEREAS, the priority of the Rock Road Improvement Municipal Service Taxing Unit
Advisory Committee was the paving of the most often used, northern section of Rock Road,
which was accomplished in 2015; and
WHEREAS, with this objective met, staff recommends dissolving the Advisory
Committee and removing all references to the Advisory Committee from the Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE: Dissolution of the Rock Road Improvement Municipal Service Taxing
Unit Advisory Committee.
Except for Section One, which amended the boundaries of the MSTU, Ordinance No.
2011-22 is hereby repealed, and the Rock Road Improvement Municipal Service Taxing Unit
Advisory Committee is hereby dissolved.
1
CAO
SECTION TWO: Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of , 2017.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and legality
Jeffrey A. Klatzkow, County Attorney
2
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Penny Taylor, Chairman
1273 t4�S
UED
ECEI
ORDINANCE NO. 2006_ 5 6
�sZ8zt INANCE CREATING THE ROCK ROAD IMPROVEMENT MUNICIPAL
ICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE
CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING
FUNDING AND THE LEVY OF NOT TO EXCEED THREE (3) MILS OF AD
VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES;
PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, that portion of Rock Road between Immokalee Road and Shady Lane,
hereinafter referred to as "Rock Road," is currently a private roadway and not maintained by the
County; and
WHEREAS, the County has received inquiries from the property owners adjacent to
Rock Road relating to the improvement and maintenance of this portion of Rock Road and
connecting side roads; and
WHEREAS, the responsibility for the maintenance of Rock Road lies with no one entity
or individual, but rather falls to the individual property owners; and
WHEREAS, the Board of County Commissioners has determined that the best method
for funding the installation and maintenance of improvements within the area known as Rock
Road is by the creation of the Rock Road Improvement Municipal Service Taxing Unit for
purposes of levying taxes and funding necessary road improvements and maintenance in that
area.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: `
SECTION ONE. Authority r 4
This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200,
Florida Statutes, and other applicable provisions of Law.
SECTION TWO. Creation of the Municipal Service Taxing Unit
There is hereby created and established the Rock Road Improvement Municipal Service
Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service
Taxing Unit and its boundaries are as described on the attached composite Exhibit A" that is
incorporated by reference.
Page 1 of 4
SECTION THREE. Purpose and Governing Body
The MSTU is created for the purpose of providing and maintaining roadway
improvements, which may include attendant facilities, such as drainage, sidewalks and street
lighting. The governing body of the MSTU shall be the Board of County Commissioners of
Collier County, Florida.
SECTION FOUR Funding and Levy of Taxes
For the purpose of implementing this Ordinance, the Board of County Commissioners
shall annually, at the time required by general budgetary law, make an itemized estimate of the
amount of money required to carry out the business of the MSTU for the next fiscal year, which
shall be from October 1 to and including September 30 following. The estimate shall describe the
purpose for which the moneys are required and the amount necessary to be raised by taxation
within the MSTU. At the time and place for fixing the annual rate of taxation for County
purposes, the Board of County Commissioners shall fix and cause to be levied on all properties
within the MSTU, subject to taxation, a millage rate not to exceed three (3) mils per year.
SECTION FIVE. Tax Assessment and Collection
Taxes herein provided for shall be assessed and collected in the same manner and form
as provided for the assessment and collection of general County taxes and subject to the same
fees for assessing and collecting as general County taxes.
SECTION SIX. Duties of the County Manager or His Designee
The duties of the County Manager or his designee shall be:
A. To aid and assist the Board of County Commissioners in carrying out the purposes of the
MSTU in accordance with established practices and policies of the Board of County
Commissioners and as set forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized annual
budget of the amount of money required to carry out the business of the MSTU for the next
fiscal year.
C. To provide periodic written reports to the Board of County Commissioners of the activities
of the MSTU and its finances in accordance with established guidelines of the Board of
County Commissioners.
SECTION SEVEN. Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
Page 2 of 4
applicable law, the more restrictive shall apply, If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT. Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION NINE. Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this A W day of November, 2006.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By: -•� ti�
FRANK HALAS, CHAIRMAN
�� � Vic►: '� �
Approve4 o.
legal sufficient
Scott R. Teach,
Assistant County Attorney
This ordinance filed with the
�d td9 State'. Off the
and acknowledgement f that
fil' g received this day
o �
By eputy Oark — ,
Page 3 of 4
GEOGRAPHIC BOUNDARIES:
The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING
UNIT shall comprise all that land located in Collier County, Florida, and specifically described
as:
The Northeast 1/4 of Section 32;
The Northeast 1/4 of the Northwest 1/4 of Section 32;
The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 32;
The Southeast 1/4 of the Southeast 1/4 of Northwest 1/4 of Section 32;
The Southeast 1/4 of Section 29;
The Southwest 1/4 of the Northeast 1/4 of Section 29;
The Southeast 1/4 of the Northeast 1/4 of Section 29;
The South 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 29;
The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 29;
The West 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
The West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
The East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
East 100 feet of West 660 feet of the North 1/2 of the Northwest 1/4 of the Northeast 1/4 of
Section 29;
East 160 feet of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
The East 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
all in Township 48 South, Range 27 East.
Exhibit "A"
Page 4 of 4
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I
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
COPY of:
ORDINANCE 2006-56
Which was adopted by the Board of County Commissioners
on the 28th day of November, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of December, 2006.
DWIGHT E. BROCK
Clerk of Courts and Cierk
Ex -officio to Board of
County Commissioners f
Win. ,
By: Ann Jennejoh ,
Deputy Clerk
ORDINANCE NO. 2011- 2 2
"g�rz� u fi-� AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
2006-56, (THE ROCK ROAD IMPROVEMENT MUNICIPAL
SERVICE TAXING UNIT); AMENDING SECTION TWO,
CREATION OF THE MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR A SECTION CREATING THE ROCK ROAV: r„
IMPROVEMENT ADVISORY COMMITTEE, APPOINTMENT AW -
COMPOSITION; PROVIDING FOR THE TERMS OF OFFICE CIV: -TI
THE ADVISORY COMMITTEE; AND PROVIDING FOR OFFICE"
OF THE ADVISORY COMMITTEE, QUORUM AND RULES w
PROCEDURE; PROVIDING FUNCTIONS, POWERS AND DUTW— -
OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT
AND SEVERABII.ITY; PROVIDING FOR INCLUSION IN {
CODE OF LAWS AND ORDINANCES; AND PROVIDING
EFFECTIVE DATE.
WHEREAS, on November 28, 2006, the Board of County Commissioners adopted
Ordinance No. 2006-56, establishing the Rock Road Improvement Municipal Service Taxing Unit;
M
WHEREAS, the Board of County Commissioners is the governing body of the Rock Road
Improvement Municipal Service Taxing Unit (the "MSTU") and directed staff to advertise an
amendment to Ordinance No. 2006-56 to: (1) amend the geographical boundaries of the MSTU to
remove those property owners that no longer have access to nor otherwise derive any benefit from
the MSTU's stated purpose and to include all property owners within the MSTU's amended
geographical boundaries; and (2) create an advisory committee that will meet semi-annually to work
with County Staff to review and recommend work programs and priorities to accomplish the
MSTU's purpose; and
WHEREAS, on June 14, 2011, the Board of County Commissioners as the governing body
of the MSTU approved this amendment to Ordinance No. 2006-56.
Underlined words are added; Suck Through words are deleted
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMIV MIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No.
2006-56 is hereby amended to read as follows:
Section One: Section Two, Creation of the Municipal Service Taxing Unit of Collier County
Ordinance No. 2006-56 is hereby amended to read as follows:
SECTION TWO. Creation of the Municipal Service Taxing Unit
There is hereby created and established the Rock Road Improvement Municipal Service
Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service
Taxing Unit and its boundaries are as described on the attached composite Exhibit "A-1. "
which that is incorporated by reference. The following properties,which were previously located
within the MSTU's boundarie& are ex, re, s v identified as outside of the amended boundaries of the
MSTU as stated in Exhibit A-1:
Folio Numbers:
00211960007
00211240002
Section Two. Creation of the Rock Road Imprgvement Municipal Service Taxing Unit
Advisory ComsaigM Appointment and Composition.
A. There is hereby created and established the Rock Road Improvement Municipal Service
Taxing Unit Advisory Committee hereinafter referred to as the "Committee.,
B. The Committee shall consist of three (3) members who generally represent the area within
the MSTU Members of the Committee shall be apvointed by and serve at the pl&sure of
the Board of County Commissioners Two members shall be permanent residents within the
MSTU and electors of Collier County One member may be an owner of residential or
commercial pmR= within the MSN or an appointed Mnsentative of a business located
within the MSTU and an elector of Collier County An owner of residential or commerciaal
RmR= may be an individual. an officer of a corporation, or a partner of a P@99WWR.The
`A
Underlined words are added; Struck Through words are deleted.
Board of County Commissioners shall consider appointment of members from different
subdivisions and/or the communities within the M TU
C. AApointment of the members to the Committee shall be by resolution of the Board of
County Commissionem which resolution shall set forth the date of appointment and the
term of office.
D. Members of the Committee shall serve without cogwo ation.
SccIQn Three. Terms of Office of the Advisory Committee.
The initial terms of office of the Committee shalt be as follows:
A. Two (2) members shall be appointed for a term of two LZ) years
B. One (1) member shall be appointed for a term of three (3 ) years
Thereafter each appointment or reappointment shall be for a term of dum (3) veers
Appointments to fill env vacancies on the Committee shall be for the remainder of the unexpired
term of office.
Section Four. 4Ricers of the Advisory Committee. Overam and Rules of Procedure.
A. At its earliest opportunity the membership of the Committee shall elect a chairman
and vice chairman from among its members Officer's terms shall be for one (1)
year. with eligihft for re-election.
B. The presence of two (2) or more members shall constitute a quorum of the
Committee necessary to take action and hmsaq business
C. The Committee shall be governed by the most current edition of Roberts Rules of
Order for the transaction of business md shall keep a written record of the meet W,
reports and exhibits. and other documentation for preservation by the County staff,
D. Committee member attendance requirements meld 'ng failure to attend mcelma
and member removal from office are ovemed k ins Ce No 2001 55 as it may
be amended. or by its successor -rdi---
Underlined words are added; Struck Through words are deleted.
Section Five. Functions. Powers And Duties of the Advisory Committee.
The functions rowers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in gM ing out the purpose of the
MSTU as set forth in this Ordinance
B. The Committee shall meet semi-annuallY to review and recommend work M&MM and
Priorities to the County Ma_nager or his designee in accordance with the adopted budge
or budget amendments which may be adopted by the Board of County Commissioners.
The execution of work programs shall be under the direct supervision and re Wnsibility
of the County Manager or his designee Said work may be performed under contract fin
accordance with law) or by County forces
C. The Committee may WM and amend "Guidelines" to govern the operation of the
MSTU s ibiect to approval by the Board of County Commissioners
Section Six: Conflict And Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Section Seven: Lnclnaioa in The Code gf Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida The sections of the Ordinance may be renumbered or re -
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
Section Eirtht: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
4
_U dg nodwords are added, Struck Through words are deleted.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 14`" day of June, 2011.
A,r,I,E$T, ........,,
I?�WI�,: sRv�$q Cledc
Il�Yef�'as ✓1� I
Approved as as to form and
Le ciency �--�
Scott R. Teach
Deputy County Attorney
5
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: W. C'J'
FRED W. COYLE, CHA
This ordinance filed with the
Serf tory of State's OffW, e the
et day of n e—
and ocknowledgeme o that
filing r
e
ce
ive
d this oy
of - 11/20
avuty er.,k
nderl' words are added; SO k 'ThD—UA words are deleted.
EXISTING MSTU BOUNDARY
EXHIBIT A-1
PAGE 2 OF 3
GEOGRAPHIC BOUNDARIES:
The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING
UNIT shall comprise all that land located in Collier County, Florida and specifically described
as:
The North half of Section 32, Township 48 South, Range 27 East, Collier County, Florida;
And;
All of Section 29, Township 48 South, Range 27 East, Collier County, Florida;
Less the following described parcels:
The East One Hundred (100) feet of the West 360 feet of the North One Half of the North West
Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier
County, Florida, less the North 179.18 feet previously dedicated for road right-of-way.
The East One Hundred (100) feet of the West 660 feet of the North One Half of the North West
Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier
County, Florida, less the North 179.18 feet previously dedicated for road right-of-way.
The North One Half of the North West Quarter of the North East Quarter of Section 29,
Township 48 South, Range 27 East, Collier County, Florida, less the West 660 feet and less the
North 179.18 feet previously dedicated for road right-of-way.
The East One Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter
of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty
(30) feet thereof.
The Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 29,
Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty (30) feet
thereof and less the East Thirty (30) feet thereof.
The West 400 feet of the East 660 feet of the North Half of the Northeast Quarter of the
Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida.
The East One Hundred feet of the West 660 feet of the Northwest quarter of the Northeast
quarter of the Northeast quarter of Section 29, Township 48 South, Range 27 East, Collier
County, FL less the North 100 feet thereof.
Containing therein 905.61 acres, more or less.
EXHIBIT A-1
PAGE 2 OF 3
00211960007
00211240002
00212200009
00211720001
00211200000
00212720000
00219720003
00222280608
00219840006
00219760005
00210920006
00222280501
00221080003
00220640004
00220360009
00222280103
00222280307
00214000003
00214160008
00213960005
00220240006
00221200003
00221360008
00220680006
00220720005
00221320006
00211040008
00212920004
00211080000
EXHIBIT A-1
PAGE 3 OF 3
PARCEL FOLIO NUMBERS REMOVED FROM BOUNDARY:
PARCEL FOLIO NUMBERS ADDED TO BOUNDARY:
EXHIBIT A-1
PAGE 3OF3
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2011-22
Which was adopted by the Board of County Commissioners
on the 14th day of June, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of June, 2011.
DWIGHT E. BROCK
Clerk of Courtq;,4gfA�&'�14jk,
Ex -of f icio to'a" ,of
County Comci"sio rs'.�
By: Marthar`Veia�a►�
Deputy Clerk
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
commence emergency repairs to
passable for vehicular traffic
WHEREAS, on N
adopted Ordinance No.
Municipal Service Taxing
WHEREAS, the
roadway improvements
repairs were then
was created for
sidewalks and street lighting; ands, � u
WHEREAS, the portion of P
not limited
directed County staff to immediately
side streets to make them
County Commissioners
Rock Road Improvement
providing and maintaining
facilities such as drainage,
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
5
OR 5128 PG 2798
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 Recital `s=die anal
herein by reference kiss' forth fully
2. The Chairman and the Clerk_to the
and directed to certif'y.,andJi e' h6
reflected on the attached a sej
hereto as Exhibit" A and,,Jhe �e ec
office of theCletrkro f u Circu"C(
Section 95.361(**rida Statutes.
3. This resolution shalI00 effect inu
This resolution adopted after mofi , f
day of March, 2015.P""
ATTEST:
DWIGHIF�,j n;I ROCK, CLERK
41,
Attestairman's
'0nriflyie bgly:
ved`asto d legality:
Scott R. Teach
Deputy County Attorney
Wl "are hereby expressly incorporated
Okommissioners are authorized
of Rock Road as situated and
mg legal description attached
ittached as Exhibit "C," in the
tty, Florida in accordance with
jority vote favoring same, this 10th
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By.
/ e.'O�gze—
TIM NANCE, CHAIRMAN
OR 5128 PG 2799
co tfe-rL�ly
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 % 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,'*-.Irfi1fi' of the Northeast'/, less the
North 100 feet previously d.". d-- #846. (Immokalee Road)
The West 30 feet of the East Yz-of tae East Y2 of Se' ion 9, Township 48 South,
Range 27 East, CollierJCot nty; ^'� da,_pLE AND EXCEPT The Northerly
179.18 feet of the Weft 34,, ipfPtt t o r as, ,o a Northeast %, less the
North 100 feet previously &oe ii #& fbr a Ni i y #84P. (Immokalee Road)
k� kan, � �
Subject to Easements z'rr ' estrictions of Record.)
2F
c
MarBerman, 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"
OR 5128 PG 2800
Sketch & DescvbpUon1 w DDeftalflon o4 Qook Road M Accordance w5th Sac Uon 95.361, MoTU@ Statutes
Peat o4 BscUon 20, Towns Mp Q South, Gunge 27 East, CoMer County, FoAdla.
(Rock Goad, 60 Boot Me Mght-Off-Way)
100' CANAL R/W
NORTH LINE OFSECD
TIUN 9 100' R/W
LESS AND EXCEPT NORTH 89.18' LESS AND EXCEPT NORTH 79.18'
EAST 30 FEET
WEST 1/2 OF
THE EAST 1/2
8 1 9 1 20 1 21
WEST 30 FEET
OF THE EAST 1/2
70 OF THE EAST 1/2
O
n
70 7 10 19 22
O
D
6 11 18 23
5 \ 1 12 1 17 1 24
GLDEN GATE ES[TATES
f UNIT 20
P.B. 7, PAGE 79
0 4 16 25
3 1 15 1 26
GRAPHIC SCALE
0 400 800 800
O1 60
( IN FEET)
1 inch = 400 it. "• , /
O MARCUS 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 "All 2-14-2014 1" = 400' NONE 2 OF 3 12014-002
H:\Planning and Reg ulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\Rock Road\2014-002 Rock Road.dwg, 3/3/2015 9:11:47 AM
OR 5128 PG 2801
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 -ted -or -referred to in this Affidavit.
t=n r ,°
2. I am currentlyDirectorfor the+lJer County Public Transit and
Neighborhood Enhance -The . De int, The P N Department is responsible for
the oversight of Mumcipa '$ Se icle 'f xirig U t�;J'(, '* 'and° maintenance projects within
those MSTU's.
tib?.
3. Based on a rem of the County's iy
County personnel, the County ha dg'u1` 1ynaint in+
past seven (7) years, that section of Road oadlocat
as follows:
)rmation provided to me by
for more than the immediate
within the Rock Road MSTU, described
The East 30 feet of the West '/2 of the East % 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 '/4 of the Northeast '/4, less the North 100 feet previously dedicated for State
Highway #846. (Immokalee Road)
Subject to Easements and Restrictions of Record
Exhibit "B"
OR 5128 PG 2802
FURTHER AFFIANT SAYETH NAUGHT.
Michelle Edwards Arnold
SWORN AND SUBSCRIBED to before me on this (l day of February, 2015, by
Michelle Edwards Arnold who is personally known to me or who produced
My Commission Expires:
(type of identification) as identification.
co
s
a.w-e
Exhibit `B"
n
Public
'Notary Public
ES J. VON RINTEW
iMMISSION t EE 844616
IES: October 17, 2016
Thru Budget Notary Services
*** OR 5128 PG 2803 ***
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.
®...•—�
le100�dce—
TIM NANCE, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS,
4
COLLIER COUNTY,,FLORIDA9
r' • „
PP
b SIGHT F. �BROCK;�E OFFI 10 CLARK �
T 6AR15 OF CO CCS'
�i+est as td airman s k Y
if
p ove s to d legality u
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 FOR CERTIFICATION OF VESTING PURSUANTTO SECTION 95.361(2), FLORIDA STATUTES.
{.'
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday March 28 2017 in the
Boardroom, Third Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, Naples, Florida, the
Board of County Commissioners, will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-56,
AS AMENDED, WHICH CREATED THE ROCK ROAD IMPROVEMENT
MUNICIPAL SERVICE TAXING UNIT, BY DISSOLVING THE ROCK
ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT
ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
3
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
y
Z
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged.
%
If recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
In
Persons wishing to have written or graphic materials included in
IV
the Board agenda packets must submit said material a minimum
CM
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the hearing. All
N^
public material used in
presentations before the Board will become a permanent part
Lr
of the record.
V
Any person who decides to appeal a decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you area person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please contact
the Collier County Facilities Management Department, located
M
at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the
hearing impaired are available in the County Commissioners'
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: TERESA CANNON, Deputy Clerk
(SEAL)
March 15, 2017 No. 1520819