Resolution 2004-025
RESOLUTION NO. 2004---2..5..
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL
CONVEYANCES MADE TO COLLIER COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA, AND ALL CONVEYANCES MADE TO THE
COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE HEREAFfER
MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT
REQUIREMENTS OF ANY AND ALL ORDINANCES AND AGREEMENTS OR
AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS.
WHEREAS, the Board of County Commissioners is the governing body of Collier County, a
political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of the
Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and
WHEREAS, various interests in real property must be conveyed to Collier County for public
use as a requirement of certain development commitments stipulated by Collier County ordinances,
in fulfillment of obligations which may now or in the future be contained in agreements between
Collier County and any legal entity, and as an integral part of capital improvement projects; and
WHEREAS, the formal acceptance by Collier County of such required conveyances is
important in that infrastructure maintenance responsibilities are thereby established, and the public
right to utilize rights-of-way becomes documented through such acceptance; and
WHEREAS, the growth of the County necessitates an increasing number of such
conveyances year after year; and
WHEREAS, the number of conveyances has caused County staff to bring an increasing
number of separate "acceptances" before the Board of County Commissioners via Executive
Summary and Resolution; and
WHEREAS, it is desirable and in the best interest of Collier County to reduce the staff time
and paperwork which is generated by the formalized acceptance process.
NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be
conveyed either to Collier County, a political subdivision of the State of Florida, or to the Board of
County Commissioners as the governing body of Collier County, Florida, and as ex-officio the
Governing Board of the Collier County Water-Sewer District, and which are conveyed to either
entity as a development commitment requirement pursuant to any County ordinance, or in
fulfillment of any obligation which may now or in the future be contained in any agreement between
Collier County and any other legal entity, or which are required as an indispensable function during
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the completion of a capital project which has been approved by the Board of County
Commissioners, are hereby accepted.
AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such
conveyance of an interest in real property to Collier County, the Clerk to the Board is hereby
authorized to affix to any such conveyance instrument, prior to recording in the Public Records of
Collier County, Florida, a stamp or seal attesting to acceptance on behalf of Collier County. The
Property Acquisition & Construction Management Manager, or his/her designee, shall provide
written notification to the Clerk of Court that the conveyance was required by the Board of County
Commissioners in fulfillment of an obligation on behalf of the conveying entity or to complete
project as approved.
AND IT IS FURTHER RESOLVED that the calendar year 2004 Chairman of the Board of
County Commissioners, or any subsequent Chairman, is hereby authorized to execute all documents
pertinent to the acceptance of any such conveyance or the clearing of the lien of any encumbrances
from any such conveyance.
AND IT IS FURTHER RESOLVED that the staff is authorized to follow proper real estate
closing procedures and record all such documents in the Public Records of Collier County, Florida.
THIS RESOLUTION ADOPTED on this _ day of
, 2004 after motion, second and
majority vote.
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By:
Approved as to form and
legal sufficiency:
bLLL) A.~
Heidi F. Ashton
Assistant County Attorney
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