Resolution 2004-209
RESOLUTION NO. 2004- 209
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL
REAL PROPERTY CONVEYANCES MADE EITHER TO COLLIER COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OR TO THE
COLLIER COUNTY WATER-SEWER DISTRICT, WInCH ARE HEREAFTER
MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT
REQUIREMENTS OF ANY AND ALL ORDINANCES, OR IN FULFILLMENT
OF OBLIGATIONS PURSUANT TO AGREEMENTS, DEVELOPMENT
ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULATIONS,
OR AS MAYBE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL
IMPROVEMENT PROJECT.
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 often be conveyed to Collier County for
public use in order to fulfill certain development commitments stipulated by Collier County
ordinances, development orders, conditional use approvals, site development plan approvals, or in
order to fulfill obligations which may now or in the future be contained in agreements between
Collier County and any legal entity for the construction of capital improvement projects; and
WHEREAS, the formal acceptance by Collier County of such conveyances is important in
that infrastructure maintenance responsibilities are thereby established, and the public's right to
utilize certain real property becomes documented through such acceptance; and
WHEREAS, the growth of Collier County necessitates an increasing number of such
conveyances year after year, which would otherwise require County staff to prepare an increasing
number of executive summaries to bring each separate "acceptance" before the Board of County
Commissioners; 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 for each conveyance.
NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be
conveyed to Collier County, or to the Collier County Water-Sewer District, and which are conveyed
as a development commitment requirement pursuant to any County ordinance, as a stipulation or
condition of Conditional Use approval or Site Development Plan approval, 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 real property conveyances are required for the construction of
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any 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, a stamp or seal attesting to acceptance
on behalf of Collier County, with reference made to this resolution, shall be affixed to such
conveyance instrument by County staff prior to its recording in the Public Records of Collier
County, Florida.
AND IT IS FURTHER RESOLVED that the Chairman of the Board of County
Commissioners is hereby authorized to execute all documents pertaining to the acceptance of any
such real property conveyance, or pertaining to 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 conveyance and curative instruments in the Public Records
of Collier County, Florida.
AND IT IS FURTHER RESOLVED that Resolution No. 2004-25 is hereby superseded and
replaced in its entirety.
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TInS RESOLUTION ADOPTED on this ~ day of ~ )~I(\ e..
, 2004 after motion, second and
majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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;' ;', 'Deputy;. lerk
Attest II tit ~1"""~ :
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By' rg~ oI~,
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
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Heidi F. Ashton
Assistant County Attorney
Item # lb,85
Agenda
Date b'22 -n.'1
Date
Rec'd fo'~3'D4
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