Resolution 1999-235RESOLUTION NO 99- 235
RESOLUTION FOR PETITION V~TO REN(¢~¢NCE
AND DISCLAIM ALL RIGHTS AND INTERESTS OF filE
COUNTY AND PUBLIC TO ACCESS (INGRESS/EGRESS)
AND TRAVEL UPON THE FOLLOWING ROADWAYS
LOCATED WITHIN FOXFIRE SUBDIVISION AND PLANNED
UNIT DEVELOPMENT: THOSE ROADWAYS DEPICTED AND
DESCRIBED IN THE PLAT OF FOXFIRE UNIT ONE, PUA'r ROOK
13, PAGES 84 THROUGH 86 AND FOXFIRE UNITTHREE PLAT
BOOK 13, PAGES 101 THROUGH 103, PUBLIC RECOr~DS OF
COLLIER COUNTY, FLORIDA; PROVIDING FOF' THE
CONTINUING AND UNAFFECTED RIGHTS OF EA,~,FMENT
HOLDERS, EMERGENCY MEDICAL AND FIRE SE[:~VICES,
COLLIER COUNTY WATER MANAGEMENT VEHICLIiS AND
PERSONNEL, COLLIER COUNTY TRANSPOF ;ATION
VEHICLES, PERSONNEL AND PERMITTING, AND ~,.?LLIER
COUNTY WATER-SEWER DISTRICT VEHICLE~; AND
PERSONNEL; PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Sections 336 09 and 33610, Flonda Sta~ ;:es. Kenneth B. Cuyter,
Esq., as Agent for petitioner, Foxflre Community Association of C ...',,-.:r County, Inc., has
petitioned the Board of County Commissioners to renounce and discla~r" any right of the County
and the Public to access (ingress/egress) and travel upon the platted .¢adways located within
Foxfire Subdivision and Planned Unit Development, except as spe, ',-:atly set forth in this
Resolution; and
WHEREAS, the roadways are described as those platted roadw ~. ~ dedicated Io the use
of the general Public and located within Foxfire Units One and Three .":~ legally described as
follows:
Those roadways depicted and descnbed m the Plat of Foxfire Unit One, Plat Book
13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through
103, Public Records of Collier County, Flodda; and
WHEREAS, the Board has this day held a public hearing to consider the petition to
renounce and disclaim the right of the County and the Public to access (ingress/egress) and
travel upon said roadways and rights-of-ways, except as specifically noted and provided below,
and notice of said public hearing was given as required by law; and
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;
THE BOARD OF COUNTY
NOW, THEREFORE BE IT RESOLVED BY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1.
The Board hereby determines and makes the following findings:
a. The adoption of this Resolution to renounce and disclaim the right of the County
and the Public to access (ingress/egress) and travel upon the below-described
roadways, except as specifically retained and reserved herein, is in the best
interests of the Public.
b. The County shall have reduced maintenance and repair costs as a result of the
Board's adoption of this Resolution.
c. The adoption of this Resolution is not injunous to the Public welfare or the
individual property rights of any easement holder or property owner,
2. The rigl~t of the County and the Public to access (ingress/egress) and travel upon the
following platted roadways:
Those roadways depicted and described in the Plat of Foxfire Unit One, Plat Book
13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through
103, Public Records of Collier County, Florida;
is hereby renounced and disclaimed.
3. This Resolution to renounce and disclaim the County and the Public's right to access
(ingress/egress) and travel upon the above-described roadways 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 including, but not limited to, Flodda Power & Light, Sprint Telephone,
United Telephone, Continental Cable and CVI Cable, and their successors and assigns The
access rights of such service providers shall be unaffected by this Resolution.
4. 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
roadways for emergency services including, but not limited to, the Collier County Sheriff's
Department cr 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.
5. 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 roadways 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 the County or Collier County Water-Sewer District.
6. Further, the County specifically retains and reserves to itself 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.
7. Maintenance and repair of the roadways described herein shall be the responsibility of
the petitioner. Foxfire Community Association of Collier County, Inc., after the effective date of
this Resolution.
3
BE IT FURTHER RESOLVED, that the request to renounce and disclaim the rights of the
County and the Public to access (ingress/egress) and travel upon the above-described roadways
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 followin9 its adoption, in one
issue of a newspaper of §eneral 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 Deed Records of the County.
FURTHER, proper notations evidencin9 this Resolution shall be made on the plats of
Foxfire Units One, Two and Three as legally described above.
BE IT FURTHER RESOLVED, that this Resolution shall be effective upon its adoption.
This Resolution adopted after motion, second and majority vote favodn9 same.
ATTEST:
DW1GHT E. BROCK, Clerk
Approved as to form and legal
sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
P~,MELA S. MAO'KIE CHAIRWpMAN
Heidi F. Ashton
Assistant Collier County Attorney
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