Agenda 07/28/2009 Item #16B11Agenda Item No. 161311
July 28, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Resolution certifying the statutory dedication and acceptance of
a portion of Weber Boulevard 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. Project No. 68056 (Fiscal Impact: $45.00)
OBJECTIVE: To formalize via County resolution the dedication and acceptance of approximately
630 linear feet of Weber Boulevard from the south boundary of Golden Gate Estates Unit No. 4 (Plat
Book 4, Page 79) to the north right -of -way line of White Boulevard located in Golden Gate Estates
Unit No. 27 (Plat Book 7, Page 17), 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.
On May 22, 1964, in Official Records Book 169, Page 130; Gulf American Land Corporation
dedicated to Collier County a 60 foot wide right -of -way, lying 30 feet on either side of the center line
of Weber Boulevard through Golden Gate Estates Unit Nos. 3 and 4. However, this right -of -way did
not extend all the way south to White Boulevard which is located in Golden Gate Estates Unit No. 27,
approximately 630 feet south of the South boundary of Unit No. 4. The County's Road Maintenance
Department has confirmed that it has continuously maintained this portion of Weber Boulevard 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
.., road, sidewalk, drainage and maintenance easement in the County. This item is ready for Board
Agenda Item No. 161311
July 28, 2009
Page 2 of 8
consideration and approval. It is not quasi - judicial and as such, ex parte disclosures are not required.
A majority vote is necessary for Board action. -- HFAC
FISCAL IMPACT: Funds for the recording fees in the amount of $45.00 will come from gas taxes
and impact fees. Source of funds are gas taxes and impact fees.
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. Debbie Armstrong, Assistant Right -of -Way Manger, TECM
Attachment: Resolution with Right -of -Way Map attached as Exhibit "A"
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Agenda Item No. 16311
July 28, 2009
Page 3 of 8
file: / /C:1AaendaTest\ExDort1 133 -July% 2028.% 202009 116. %2000NSENT %20A(;RNT)A11... 7/22/2009
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16611
Item Summary:
Recommendation to approve a Resolution certifying the statutory dedication and acceptance
of a portion of Weber Boulevard by virtue of the Countys
continuous and uninterrupted
maintenance of the roadway in excess of seven years
and authorize the filing of a Right of
Way map. Project No. 68056 (Fiscal Impact: $45.00)
Meeting Date:
7/28/2009 9:00:00 AM
Prepared By
Debbie Armstrong
Property Acquisition Specialist
Date
Transportation Services
TECM -ROW
719/2009 8:37:38 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
7!9!2009 10:36 AM
Construction Management
Approved By
Marlene Messam
Senior Project Manager
Date
Transportation Services
p
Transportation Engineering &
719!2009 10:50 AM
Construction Management
Approved By
Lisa Taylor
Management/BudgetAnalyst
Date
Transportation Services
Transportation Administration
71912009 11:23 AM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
7/9/2009 3:15 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/10/2009 9:54 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
7/10/2009 11:22 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
711012009 3:10 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
7/1012009 3:48 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/13/2009 8:15 AM
Approved By
file: / /C:1AaendaTest\ExDort1 133 -July% 2028.% 202009 116. %2000NSENT %20A(;RNT)A11... 7/22/2009
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Agenda Item No. 16811
July 28, 2009
Page 4 of 8
Susan Usher Senior Management /Budget Analyst Date
County Manager's Office Office of Management & Budget 7/15/2009 8:11 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 7118;2009 10:00 AM
file: / /C: \A2endaTest \Exhort\ 133 -July% 2028.% 202009 \16. %20C0NSF.NT %20ACYFNDA \1 _.. 7/2?/ ?009
Agenda Item No. 161311
July 28, 2009
Page 5 of 8
RESOLUTION NO. 2009-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CERTIFYING THE DEDICATION AND ACCEPTANCE OF
A PORTION OF WEBER BOULEVARD FROM THE
SOUTH BOUNDARY OF GOLDEN GATE ESTATES UNIT
NO. 4 (PB 4, PAGE 79) TO THE NORTH RIGHT -OF -WAY
LINE OF WHITE BOULEVARD LOCATED W GOLDEN
GATE ESTATES UNIT NO. 7 (PB 7, PAGE 17),
PURSUANT TO SECTION 95.361, FLORIDA STATUTES,
BY VIRTUE OF COUNTY'S CONTINUOUS AND
UNINTERRUPTED MAINTENANCE OF THE ROADWAY,
AND AUTHORIZING OF THE FILING OF A RIGHT -OF-
WAY MAP 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
before such road shall be deemed to be dedicated to the public; and
WHEREAS, Collier County has continuously and uninterruptedly maintained
approximately 630 linear feet of a 60 -foot wide right -of -way known as Weber Boulevard
from the south boundary of Golden Gate Estates Unit No. 4 (Plat Book 4, Page 79) to the
north right -of -way line of White Boulevard, located in Golden Gate Estates Unit No. 27 (PB
7, Page 17) for more than 7 years, and as such; said right -of -way has been statutorily
dedicated to Collier County; and
WHEREAS, the Board of County Commissioners desires to accept and certify the
statutory dedication of this portion of Weber Boulevard, more particularly described in the
Right -of -Way Map attached hereto as Exhibit "A," and authorize the filing of said Right -of-
Way Map with the Clerk of the Circuit Court pursuant to Section 95.361, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the statutory dedication of
the 60 -foot wide right -of -way known as Weber Boulevard from the south boundary of
Golden Gate Estates, Unit No. 4 (Plat Book 4, Page 79) to the north right -of -way line of
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Agenda Item No. 16811
July 28, Z?09
Paoe 6 of 8
White Boulevard located in Golden Gate Estates Unit No. 27 (PB 7, Page 17) for a distance
of approximately 630 linear feet south of its southerly terminus as described in OR Book 169
Page 130 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 day of
2009.
.ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: _ By:
Deputy Clerk DONNA FIALA, Chairman
Page 2 of 2
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