Loading...
Backup Documents 12/13-14/2011 Item #13B3 ORIGINAL DOCUMENTS CHECKLIST & RdUTINI1 3113 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1.Heidi Ashton-Cicko County Attorney VACh L 71 on" 2. Ian Mitchell Exec tive Manager Board of County Commissioners Q ' rt'A 'C S lb A-r( /U f2eSO jbNV Art n ( 1A-0 3. Trish Morgan Clerk's Minutes and Records tom £ AT 12650t✓u v- /et-r)r ,-y1AP PILL IZ� Sou.t cN• itt-v t V fel -OC W A`t rYI A-P PRIMARY CONTACT INFORMATION 1"/1/1t- V � (The primary contact is the holder of the original document pending BCC approval.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,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Bradley Muckel Phone Number 239.867.4121 Contact Agenda Date Item was 12/13/11 Agenda Item Number 13B3(formerly 16B2) AN p4� Approved by the BCC ?�, ►� `$ �''t'Type of Document Executive Summary,Resolution and Right- Number of Original 2(Reso and Map) ge1 Attached of-Way Map /V'S Documents Attached 4147 L Qik INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. 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.This includes signature pages from ordinances, OS— resolutions,etc.signed by the County Attorney's Office and signature pages from contracts, agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's vi(INC, Office and all other parties except the BCC Chairman and the Clerk to the Board 3. 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. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ,�{,/ signature and initials are required. \�t 1` 5. In most cases(some contracts are an exception),the original document and this routing slip 'C should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of our deadlines! 6. Rat •; fr ,tr r: 0 4 i I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04 f U24t ; root 3B3 I �. D y 0 13B 3 EXECUTIVE SUMMARY Recommendation to approve a Resolution certifying the statutory dedication and acceptance of portions of South First Street through South Ninth Street,South Sixth Court,Boston,Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section 4,Township 47 South,Range 29 East,of the Public Records of Collier County,Florida, by virtue of the County's continuous and uninterrupted maintenance of the roadway in excess of seven years and authorize the filing of a Right-of-Way map being more specifically shown in Exhibit"A"(Fiscal Impact: $53.50). OBJECTIVE: To formalize via County resolution the dedication and acceptance of portions of South First Street through South Ninth Street, South Sixth Court, Boston, Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section 4, Township 47 South, Range 29 East, of the Public Records of Collier County, Florida, pursuant to the provisions of Section 95.361,Florida Statutes, by virtue of the County's continuous and uninterrupted maintenance of the roadway in excess of seven years, and to authorize the certification and filing of the appropriate map(s)with the Clerk of Courts. CONSIDERATIONS: Section 95.361, Florida Statutes, provides in part that "In those instances where a road has been constructed by a non-governmental entity, or where the road was not constructed by the entity currently maintaining or repairing it, or where it cannot be determined who constructed the road, and when such road has been regularly maintained or repaired for the immediate past seven(7)years by a county, a municipality, or the Department of Transportation,whether jointly or severally, such road shall be deemed to be dedicated to the public to the extent of the width that actually has been maintained or repaired for the prescribed period, whether or not the road has been formally established as a public highway." This Section further states that the dedication shall vest all right and title to the road in the County(in this instance), and that the filing of a map in the office of the Clerk of the Circuit Court shall be evidence of the(County's)ownership of the road. The County's Road Maintenance Department has confirmed that it has continuously maintained the subject areas depicted as "privately owned" on Exhibit A for more than seven (7) years without interruption. A Resolution of the Board of County Commissioners of Collier County, Florida, has been prepared for recording with the Clerk of Court pursuant to the provisions of Section 95.361, F.S., and a Right- of-Way Map(also for recording with the Clerk of Court)is attached thereto as Exhibit"A." GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: Section 95.361, Florida Statutes, provides a method whereby the filing of a map with the Clerk of Courts vests ownership in a roadway in the county where such roadway has been regularly maintained and repaired for the immediate past seven years to the extent of the width that has actually been maintained or repaired. The attached Right-of-Way Map vests a 13B 3 road right-of-way easement in the County. This item is ready for Board consideration and approval. A majority vote is necessary for Board action.--HFAC FISCAL IMPACT: Funds for the recording fees in the amount of $53.50 will come from Immokalee CRA Trust Fund 186. Source of funds are Tax Increment Revenues. RECOMMENDATION: That the Board of County Commissioners of Collier County,Florida: 1. Approve and authorize its Chairman to execute the attached Resolution;and 2. Authorize the certification and filing of the Right-of-Way Map with the Clerk of the Circuit Court. Prepared By: Bradley Muckel,Project Manager Collier County Community Redevelopment Agency(CRA)-Immokalee Attachment: Resolution with Right-of-Way Map attached as Exhibit"A" 13B 3 Martha S. Vergara From: MuckelBradley <BradleyMuckel @colliergov.net> Sent: Thursday,January 12, 2012 12:33 PM To: Martha S.Vergara;Ashton, Heidi Cc: Rodriguez, Wanda; Bonham, Gail; Betancourt, Christie; Phillippi, Penny Subject: RE:Agenda Item#13B3 Thanks for your help with this, Martha. Please use account string 186-138324-634980"Interdepartmental Payments"for the recording fees associated with the ROW Map and Resolution. If you need an original full size 24" x 36" map just let me know. I have one in my office in Immokalee. -Brad 'gradleu MvcI eL,MBA,PMP Project Manager Immokalee Community Redevelopment Agency 1320 North 15th Street(SR 29) Immokalee,FL 34142 (239)867-4121 x202 office (239)252-6455 fax (239)285-8270 cell BradleyMuckel@colliergov.net www.immokaleetoday.com From: Martha S. Vergara jmailto:Martha.Vergara(acollierclerk.comj Sent: Thursday, January 12, 2012 10:39 AM To: AshtonHeidi; MuckeiBradley Cc: RodriguezWanda; BonhamGail Subject: RE: Agenda Item #13B3 Hi Heidi, Can you or someone from your office come down and re-date the map and reso for me? The County Engineer is coming tomorrow to sign the map, then all I will need is a recording string from Bradley to record the map. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 1 1 3 . . ___W _... m.. _ From: AshtonHeidi jmailto:HeidiAshtonftcolliergov.netl Sent: Thursday, January 05, 2012 10:35 AM To: Martha S. Vergara; Rodriguez, Wanda Cc: Muckel, Bradley Subject: RE: Agenda Item #13B3 Martha, The date needs to be the date of approval . Per you re-mail, it is the 14th. Brad told Gail it was approved on the 13th. We'll need to change the date. The small map unsigned is for the resolution so there is a record of what was presented to the BCC. The large map is the official map for recording separate from the resolution. I don't believe the Maintenance Engineer is required to sign. If there is a signature line for it,then he needs to sign. Heidi Ashton-Cicko Assistant County Attorney Land Use Section Chief Phone (239) 252-8400 Fax (239)252-6300 Note: Address change on November 1, 2010: Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 From: Martha S. Vergara jmailto:Martha.VergaraCc�collierclerk.coml Sent: Thursday, January 05, 2012 10:24 AM To: AshtonHeidi; RodriguezWanda Cc: MuckelBradley Subject: Agenda Item #13B3 Hi Heidi, Wanda and Bradley, I received the Resolution for this item and it is dated for the 13th it was actually adopted on the 14th do you need that changed?? Exhibit A—I have the letter size page that shows no signatures and the Plat Map Size... which one is for recording?? The Plat size map doesn't have a signature for the Collier County Maintenance Engineer, is it required...and it's also dated for the 13tH Bradley, I will need a cost center account string for the recording of these documents.. can you please e-mail or call with that number. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergaraacollierclerk.com Please visit us on the web at www.collierclerk.com 2 1383 This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 3 INSTR 4648917 OR 4756 PG 2711 RECORDED 1/19/2012 11:11 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 RESOLUTION NO.2011- 2 3 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 1 3 B 3 CERTIFYING THE DEDICATION AND ACCEPTANCE OF PORTIONS OF SOUTH FIRST STREET THROUGH SOUTH NINTH STREET, SOUTH SIXTH COURT, BOSTON,COLORADO,DELAWARE AND WEST EUSTIS AVENUES, ALL LOCATED IN IMMOKALEE, FLORIDA, ALSO BEING A PART OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 95.361, FLORIDA STATUTES, BY VIRTUE OF COUNTY'S CONTINUOUS AND UNINTERRUPTED MAINTENANCE OF THE RIGHT OF WAYS, AND AUTHORIZING OF THE FILING OF A RIGHT-OF-WAY MAP BEING MORE SPECIFICALLY SHOWN IN EXHIBIT "A"WITH THE CLERK OF THE CIRCUIT COURT. WHEREAS,Section 95.361,Florida Statutes,provides a mechanism by which a road shall be deemed dedicated to the public if it is continuously maintained and repaired by a county, a municipality, or the Department of Transportation to the extent of the width that actually has been maintained or repaired for the prescribed period,whether or not the road has been formally established as a public highway;and WHEREAS,in the event the original builder of a road cannot be determined,Section 95.361,Florida Statutes requires the continuous and uninterrupted maintenance by a county, a municipality, or the Department of Transportation for the immediate past seven (7)years c a a e.t,{Ee(6Ifore such road shall be deemed to be dedicated to the public;and r % WHEREAS, Collier County has continuously and uninterruptedly maintained the _,j v fight-oways along all areas depicted in Exhibit"A"along South First Street through South • 3 Ninth Sired, South Sixth Court, Boston, Colorado, Delaware and West Eustis Avenues, all w-o 0 X ),`locate'in Immokalee,Florida,also being a part of Section 4, Township 47 South,Range 29 2.0 LF$st, of the Public Records of Collier County, Florida, for more than 7 years, and as such; L W`n'`' 'L, said right-of-way has been statutorily dedicated to Collier County;and 7- 0 0 WHEREAS, the Board of County Commissioners desires to accept and certify the gof mm 0- statutory dedication of these sections of roadways,more particularly described in the Right- mXZ 0)0 of-Way Map attached hereto as Exhibit"A", and authorize the filing of said Right-of-Way O Oo O O Map with the Clerk of the Circuit Court pursuant to Section 95.361,Florida Statutes. - mr- O 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY C C 0 > COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the statutory dedication of 00- ZN m0 c � Page 1of2 13B 3 the 60-foot wide right-of-ways in the areas identified as privately owned in Exhibit"A" is hereby certified and accepted,and the County Manager,or his designee,is hereby directed to file the Right-of-Way Map attached hereto as Exhibit"A"with the Clerk of the Circuit Court pursuant to Section 95.361,Florida Statutes. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County,Florida. This Resolution adopted after motion, second and majority vote this I Ttift day of 6,,,y, ,2011. r• 44,,,, 4 BOARD OF COUNTY COMMISSIONERS y ' V ; CLERK COLLIER COUNTY,FLORIDA ; C. ' r."1.`'' ii 1A4–''t lie' ...... "?...-. 'fad!A A:if I P _ =• Cl•r FRED COYLE,Chairman J .s 9', t ......•' titiq " b J6:-, Approved for legal form and sufficiency. 1 <k/ 011 i— CIO Heidi Ashton,Assistant County Attorney Page 2 of 2 13B3 n 1 11 4 ° ,N w 8 CD iirollAr k . . 0 0 a• hams Imp vi......37,1,90 di 114 0 0 raw 5PL , <• Lii 5.°0 v. ,:,4••,.:Arig-. W w 1 �. Ear ii — , /%V i,,,,//i,...„7 o.7 ...,•0 --171 // =oo cn , : . o . . I B ° / I. .©.... . • i - w C) _ ////... , ,,.././ ... ' up �j M•Ce c1) OW `r' 4.1 % >• Q (N Z ,;=,Z,;,== ====:7'1-///./, — wog w 1///n%///////////.: %//////*71= ZZoWogo / EEHU. ILI I8 9B16BB CC o cn o O % , ;.<./ —1- 10 o � ° 1 € Qom s °a= 616191611 aCL =o •OO q zp"cr o I—cnz ° 01-0 58 aOW s �� 3 � R _� ji e top— 11 4 j i'l hi J X16 ii g 11 I 451 60 ti gi 3 ei 8_ g i t _ 1 i = Q gdal % Epp gs w B Op INSTR 4648918 OR 4756 PG 2714 RECORDED 1/19/2012 11:11 AM PAGES 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$5.00 13B 3 CLERKS REFERENCE SHEET TYPE OF DOCUMENT EXHIBIT FROM BOARD OF COUNTY COMMISSIONERS TO PUBLIC AMOUNT $35.00 BOOK & PAGE RB 3 PG 72 LEGAL DESCRIPTION PARTS OF 1ST STREET SOUTH THROUGH 9TH STREET SOUTH, 6TH COURT SOUTH AND PARTS OF BOSTON, COLORADO, DELAWARE AND EUSTIS AVENUE'S ALL PART OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, IMMOKALEE, FLORIDA.