Resolution 2004-378
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3535443 OR: 3709 PG: 1227 RJC PIB
RBCORDJD in the OPPlCIAL mORDS of COLLlJR COUNTY I FL coms
01/04/2005 at 04:22PM DWIGHT J. BROCK, CLBRX
RESOLUTION NO. 2004- 378
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA FOR PETITION AVROW2001-
ARl388 TO RENOUNCE AND DISCLAIM ALL RIGHTS AND
INTERESTS OF THE PUBLIC TO ACCESS (INGRESS/EGRESS)
AND TRAVEL UPON THE FOLLOWING ROAD RIGHTS-OF-
WAY LOCATED WITHIN BOYNE SOUTH SUBDIVISION.
THOSE ROAD RIGHTS-OF-WAY DEPICTED AND DESCRIBED
IN THE PLAT OF "ROYAL PALM GOLF ESTATES UNIT ONE",
AS RECORDED IN PLAT BOOK 12, PAGES 13 THROUGH 18,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
PROVIDING FOR THE CONTINUING Al\TI UNAFFECTED
RIGHTS OF EASEMENT HOLDERS, EMERGENCY MEDICAL
AND FIRE SERVICES, COLLIER COUNTY WATER
MANAGEMENT VEHICLES AND PERSONNEL, COLLIER
COUNTY TRANSPORTATION VEHICLES AND PERSONNEL
AND COLLIER COUNTY WATER-SEWER DISTRICT VEHICLES
AND PERSONNEL; PROVIDING AN EFFECTIVE DATE.
LOCATED IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27
EAST.
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Robert L. Duane,
AICP, from Hole-Montes, Inc., as Agent for the Petitioner, Boyne South Property Owners
Association, has petitioned the Board of County Commissioners to renounce and disclaim any
right of the Public to access (ingress/egress) and travel upon the platted road rights-of-way
located within Boyne South Subdivision; and
WHEREAS, the road rights-of-way are described as those platted roadways dedicated to
the use of the general Public and located within Boyne South Subdivision and legally described
as follows:
Those roadways depicted and described in the Plat of "Royal Palm
Golf Estates Unit One", as recorded in Plat Book 12, Pages 13
through 18, Public Records of Collier County, Florida, being more
specifically the right-of-way for Baywood Court, Baywood Drive,
Bluewater Drive, Broadview Drive, Ensenada Court, Ensenada
Drive, Greenwood Court, Greenwood Drive, Irene Drive, Lake
Hammock Drive, Main Drive, Royal Hammock Boulevard, Royal
Tree Parkway and Sandtrap Drive.
WHEREAS, the Board has this day held a public hearing to consider the petition to
renounce and disclaim the right of the Public to access (ingress/egress) and travel upon said
roadways and rights-of-ways, and notice of said public hearing was given as required by law;
and
r.
Page 1 of4
35.50
4.00
OR: 3709 PG: 1228
WHEREAS, the granting of this petition is intended to and shall only renounce and
disclaim the Public's right to access (ingress/egress) and travel upon such roadways, and all
other easement rights and County access rights as specifically described below shall be retained;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board hereby determines and makes the following findings:
a. The adoption of this Resolution to renounce and disclaim the right of the Public
to access (ingress/egress) and travel upon the below-described road rights-of-way
is in the best interests of the Public.
b. The County shall have no maintenance and repair responsibility in the below-
described road rights-of-way as a result of the Board's adoption of this Resolution
which will provide a public benefit.
c. The adoption of this Resolution is not injurious to the Public welfare or the
individual property rights of any easement holder or property owner.
2. The right of the Public to access (ingress/egress) and travel upon the following platted
road rights-of-way is hereby renounced and disclaimed:
Those road rights-of-way depicted and described in the Plat of
"Royal Palm Golf Estates Unit One" as recorded in Plat Book 12,
Pages 13 through 18, Public Records of Collier County, Florida,
being more specifically described as the following streets:
Baywood Court, Baywood Drive, Bluewater Drive, Broadview
Drive, Ensenada Court, Ensenada Drive, Greenwood Court,
Greenwood Drive, Irene Drive, Lake Hammock Drive, Main
Drive, Royal Hammock Boulevard, Royal Tree Parkway and
Sandtrap Drive.
3. Further, the County renounces and disclaims the right to issue right-of-way permits by
the Collier County Transportation Department for access to and installation, maintenance and
operation of Facilities or Utilities within the above-described roadways and right-of-ways
including, but not limited to, electrical utilities, telephone service providers and cablevision
providers.
4. This Resolution to renounce and disclaim the Public's right to access (ingress/egress)
and travel upon the above-described road rights-of-way shall not affect in any way easements
which have been granted or dedicated through the plat to any service provider or other entity
including, but not limited to, electrical utilities, telephone service providers, or cablevision
providers and including, but not limited to, Florida Power & Light, Sprint Telephone, United
Telephone, Comcast Cable and CVI Cable, and their successors and assigns. The access rights of
Page 2 of4
OR: 3709 PG: 1229
such service providers shall be unaffected by this Resolution.
5. The County does not disclaim or renounce, and specifically retains all rights for itself
and all emergency services, the right to ingress/egress and travel upon the above-described road
rights-of-way for emergency services including, but not limited to, the Collier County Sheriffs
Department or other law enforcement agencies, the East Naples Fire Control District and other
fire control entities, and Collier County Emergency Medical Services and other emergency
medical providers.
6. The County does not renounce or disclaim, and specifically retains and reserves to itself,
the right to ingress/egress and travel upon the above-described road rights-of-way for purposes
of providing the following:
a. Stormwater Management Services;
b. Engineering Services: and
c. Installation, maintenance and operation of Utility Facilities and Services by
Collier County or the Collier County Water-Sewer District.
7. Maintenance and repair of the road rights-of-way described herein shall be the
responsibility of the petitioner, Boyne South Property Owners Association, or its successors or
assigns, after the effective date of this Resolution.
BE IT FURTHER RESOLVED, that the request to renounce and disclaim the rights of
the Public to access (ingress/egress) and travel upon the above-described road rights-of-way shall
be spread upon the minutes of the Commissioners as provided in Section 336.10, Florida
Statutes.
BE IT FURTHER RESOLVED, that notice of the adoption of this Resolution by the
Commissioners shall be published one time, within thirty (30) days following its adoption, in one
issue of a newspaper of general circulation published in the County. Proof of publication of
notice of public hearing, the Resolution as adopted, and the proof of the publication of the notice
of the adoption of such Resolution shall be recorded in the Official Records of the County.
FURTHER, proper notations evidencing this Resolution shall be made on the plat of
"Royal Palm Golf Estates Unit One" as legally described above.
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*** OR: 3709 PG: 1230 ***
BE IT FURTHER RESOLVED, that this Resolution shalI be effective upon its adoption.
This Resolution is adopted this
ILjf!
day of -.!.)cJ,/ hn!u /" , 2004,
after motion, second and majority vote favoring same.
DATED: . ...:".
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
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Approved as to form and legal
sufficiency:
Page40f4
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Anl!ela Brvant, who on oath says that they
serve as the Administrative Assistant To The Publisher of the
Naples Daily, a daily newspaper published at Naples, in
Collier County, Florida; distributed in Collier and Lee counties
of Florida; that the attached copy of the advertising, being a
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on December 23rd. 2004.
Alliam further says that the said Naples Daily News is a newspaper
published at Naples. in said Collier County. Flol;da, and that the said
newspaper has heretofore been continuously publish~,,(\ in said Collier
County. Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
oftice in Naples. in said Collier County. Florida. for a period of J
year next preceding the lirst publication of the attached copy of
advertisement: and affiant further says that he has neither paid nM,
promised any person, linn or cOI"poraljon any discount. rebate.
commission or refund for the purpose of securing this advcI1isement for
publication in the said newspapcr. 0
L~-~~~I'
( Sign re of affiant)
Sworn to and subscribed before me
This 23rd day of December, 2004
6,~:~~~'~i!4:-' Hurriett B!Jshong
.-:., f;" ":'.~ ....v COMMISSION # [)[)Z3~689 E~)'II~t
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*** 3535444 OR: 3709 PG: 1231 ***
RECORDED in OFFICIAL RECORDS of COLLIER COUKTY, FL
01/04/2005 at 04:22PM DWIGHT B. BROCK, CLERK
RBC FBE 10.00
COPIBS 1.00
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