Agenda 07/28/2009 Item #16K 1^r7t ! vi rj
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to send to the National Park Service
affidavits of 5 employees which will end a dispute with the National Park Service over the
ownership of a portion of Burns Road.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to
send to the National Park Service affidavits of five county employees that will end a dispute with
the National Park Service over the ownership of a portion of Burns Road.
CONSIDERATIONS: In the 1.970's, the owners along Burns Road dedicated to Collier County
a strip of land up to 60 feet wide for Burns Road. The dedications cover a portion of the road
that runs east of Burns Lake in an east /west direction and then turns north running north/south.
The initial north/south segment from US 41 to Burns Lake was not dedicated to the County. A
map depicting the portion conveyed to Collier County is attached to the executive summary.
Staff has been unable to locate a formal acceptance by resolution or vote of the Board to accept
Burns Road. The County's Road Maintenance Department states that they have maintained the
roadway since the 1970's in its entirety and solve employees recall working on the road.
Representatives of the National Park Service have stated that the National Park Service will
accept the affidavits as evidence that the County accepted the dedication of Burns Road. Once
the affidavits are signed and submitted to the National Park Service, the County will be
responsible for maintenance of Burns Road unless the County conveys the road to the National
Park Service in the future.
FISCAL IMPACT: The annual cost of maintenance of Burns Road is $15,500.00. Funds are
budgeted and available in Transportation services fund 101.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Once the affidavits are signed and sent to the National Park
Service, the County shall have the maintenance responsibility of portions of Burns Road. It is
arguable whether a maintenance responsibility presently exists. This item is ready for Board
consideration and approval. It is not quasi - judicial and ex parte disclosures are not required. A
majority vote is necessary for Board action. - -HFAC
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to draft affidavits to be signed by County employees to resolve the ownership issue of
portions of Burns Road.
PREPARED BY: Heidi Ashton- Cicko, Land Use Section Chief, Assistant County Attorney
COMER COUNTY
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