Resolution 1996-578
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RESOLUTION NO. 96- 578
.
RESOLUTION FOR PETITION AV 98-<>28 TO RENOUNCE
AND DISCLAIM ALL RIGHTS AND INTERESTS OF THE
COUN1Y AND PUBLIC TO ACCESS (INGRESSIEGRESS)
AND TRAVEL UPON THE FOLLOWING ROADWAYS
LOCATED WITHIN COUNTRYSIDE AT BERKSHIRE LAKES:
COUNTRYSIDE DRIVE, ST. JAMES WAY, ST. IVES WAY,
COUNTRY WALK CIRCLE, COUNTRY WALK COURT AND
GRANVILLE COURT, AS LEGALLY DESCRIBED HEREIN;
PROVIDING FOR THE CONTINUING AND UNAFFECTED
RIGHTS OF EASEMENT HOLDERS, EMERGENCY MEDICAL
AND FIRE SERVICES, COLLIER COUN1Y WATER
MANAGEMENT VEHICLES AND PERSONNEL, COLLIER
COUN1Y TRANSPORTATION VEHICLES, PERSONNEL AND
PERMITTING, AND COLLIER COUN1Y WATER-SEWER
DISTRICT VEHICLES AND PERSONNEL; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Sedions 336.09 and 336.1 0, Florida StaMes, Kenneth B. Cuyler,
Esq., as Agent for petitioner, Countryside Master Association, Inc., has petitioned the Board of
County Commissioners to renounce and disclaim any right of the County and the Public to
access ~ngresslegress) and travel upcn the platted roadways located within Countryside at
BerXshire lakes. except as specifically set forth in this Resolution; and
WHEREAS, the roadways are described as those platted roadways dedicated to the use
of the general Public and located within Countryside at Berkshire Lakes Section One, Two and
Three and legally described as follows;
See Exhibij ON attached hereto and incorporated herein; and
WHEREAS, the Board has this day held a pUblic hearing to consider the petijion to
renounce and disclaim the right of the County and the Public 10 access (ingress/egress) and
travel upcn said roadways and rights-<lf-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 pet~ion is intended to and shall only renounce and
disclaim the Public's right to access ~ngresslegress) 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 COUN1Y
COMMISSIONERS OF COLLIER COUN1Y, 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 beJow-desaibed
roadways, except as specifically retained and reserved herein, is in the besl
interests of the Public.
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b. The County shall have reduCl'd maintenance and repair costs as a resu~ of the
,
Board's adoption of this Resolution.
c. The adoption of this Resolution is not injurious to the Public weffare or the
individual propertly rights of any easement holder or propertly owner.
2. The right of the County and the Public to access (ingress/egress) and travel upcn the
following platted roadways:
See Exhib~ "A" attached hereto and incorporated herein.
Is hereby renounced and disclaimed.
3. This Resolution to renounce and disclaim the County and the Public's right to access
~ngress/egress) and travel upcn the above-described roadways shall not afled in any way
easements which have been granted or dedicated through the plat to any service provider or
other entity including, but not Iim~ed to, electrical utilities, telephone service providlers, or
cablevlsion providIers including, but not limned to, Florida Power & Ught, Sprin1 Telephone,
Unned Telephone, Continental Cable and CVI Cable, and their successors and assigns. The
access rights of such service providers shall be unafleded by this Resolution.
4.
The County does not disclaim or renounce, and specifically retains all rights for nseff and
an emergency services, the right to ingress/egress and travel upcn the above-descrtbed
roadways for emergency services including, but not limned to, the Collier County Sheriff's
Departmen1 or other law enforcemen1 agencies, the Easl Naples Fire Control Dislrict and other
fire control entnies, and Collier County Emergency Medical Services and other emergency
medical providers. As pari or emergency access by the Collier County Sheriff's Department, the
Sheriff or h,. designee(s) shall have the right to tempcrarily redireel or reroute traffic between
Davis Boulevard and Radio Road through Countryside Drive in the event that an acciden1 or
condition o=rs at enher the Radio Road/Santa Barbara Boulevard intersection or the Davis
BoulevardlSanta Barbara Boulevard intersection or other road closure on the Santa Barbara
Boulevard road corridor between Radio Road and Davis Boulevard that makes enher such
intersedion or location substantially impassible and the Sheriff or his designee(s) determine that
Countryside Drive Is the only reasonable aUemalive or is the safest a~emalive for the rerouting
of traffic between Radio Road and Davis Boulevard.
5. The County does not renounce or disclaim, and specfficalry retains and reserves to bert,
the right to ingress/egress and travel upcn the above-described roadways for purposes of
providing the following:
a.
Stormwater Management Services;
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b. Engineering Services; ,and ,
c. Instanation, maintenance and operation of Utilijy Facilnies and
Services by the County or Collier County Water-Sewer District.
6. Further, the County specifically retains and reserves to nseff the right to issue right-of-way
permno by the Conier County Transporlation Department for access to and instanalion,
maintenance and operation of Facilnies or ~ilnies within the above-described roadways and
right-<lf-ways including, but not limned to, eledrtcal utilnies, telephone service providers and
cablevision providers.
7. Maintenance and repair of the roadways described herein shall be the respcnsibilijy of
the petitioner, Countryside Master Association, Inc., after the efledive date of this Resolution.
BE IT FURTHER RESOLVED, that the request to renounce and disclaim the rights of the
County and the Public to access Qngress/egress) and travel upcn the above-described roadways
shall be spread upcn the minutes of the Commissioners as provided in Sedion 336.10, Florida
Statutes.
BE IT FURTHER RESOLVED, that notice of the adoption of this Resolution by the
Commissioners shall be published one time, wnhin thirtly (30) days following ns 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 Deed Records of the County.
FURTHER, proper notations evidencing this Resolution shan be made on the plats of
Coun1ryside at Berkshire Lakes, Sections One, Two and Three as legally described above.
BE IT FURTHER RE'SOLVED, that this Resolution shan be eflective upcn no adoption.
IJ,(!.
BOARD OF COUN1Y COMMISSIONERS
COLLIER COUN1Y~' FLOR~A
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Road N.... I
Countryside Drive,
miscellaneous courts'
2.25 miles.
St. James Way, St. Ives Way
and circle for a total length of
and
Location I
Section 5
Township 50 South
Range 26 East
ttt OR: 2266 PG: 0112 ttt
Legal De.criptionl
CountrYside Drive, as recorded in Plat of:
Countryside At Berkshire Lakes Section One, plat Book 14, pages
50, 51 and 52;
Countryside at Berkshire Lakes Section Three, Plat Book 14, pages
78, 79 and 80;
St. James Wav, as recorded in the Plat o~' Countryside at Berkshire
Lakes Section Three, Plat Book 14, pages 78, 79 & 80;
St. Ive. Wav, as recorded in the Plat of Countryside at Berkshire Lakes
Section Two, Page Book 14, pages 55 & 56;
CountrY Walk Circle . CountrY Walk Court, as recorded in the Plat of
Countryside at Berkshire Lakes Section One, Plat Book 14, pages 50,
51 and 52; and
Granville Court, as recorded in the Plat of Countryside at Berkshire
Lakes Section Three, Plat Book 14, pages 78, 79 and 80;
All as recorded in the Public Records of Collier County, Florida.
79920_I.~
EXHffiIT . A"
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INDEMNITY AGREEMENT
This agreement is made this /0 day of December, 1996, between Countryside Master
Association, Inc. ("Association") and the Board of County Conunissioners of Collier County, Rorida
("County").
WHEREAS, Association, on behalf of its members, has requested that the Board renounce and
disclaim the right of the County and the Public to access (ingress/egress) and travel upon the roadways
in Countryside at Berkshire Lakes, Sections One, Two and Three, which roadways arc more particularly
described in the attached Exhibit" A" ("Roadways"); and
WHEREAS, County in considering the Association's request wishes to assure continued right of
access for its maintenance of utilities lying within the roadway; and
WHEREAS, the Resolution adopted by the Board to renounce and disclaim the right of the
County and the Public to access (ingress/egress) and travel upon the Roadways specifically reserves and
maintains the rights of private easement holders, emergency services, and various County services
including the right of the Collier County Water-Sewer District to access, install, maintain and operate
utility facilities within the Roadways; and
WHEREAS, the County wishes to receive and the Association hereby grants additional
assurances.
NOW, THEREFORE, Association and County agree that upon final approval by the County of
Association's request that the Board adopt the Resolution to renounce and disclaim the right of the County
and the Public to access (ingress/egress) and travel upon the Roadways:
1. Association shall indemnify and hold harmless for any failure on the County's part to
maintain, install or relocate its utilities within the roadways if such failure is caused by the refusa1 of any
property owner to permit the County to exercise its easement rights.
2, This agreement shall be null and void at such time as the Association tenders. in a form
acceptable to the County Attorney's Office, an easement from the Association providing for the rigJu of
the County and the Collier County Water-Sewer District to install, relocate, maintain and operate utility
facilities within the Roadways, together with an opinion of the Association's counsel regarding the
authority of the Association to provide the easement.
(SIGNATURES CONTINUED ON NEXT PAGE)
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COUNTRYSIDE MASTER ASSOCIATION. INC.
Appr~ved as ~:o'J.1Vh~jC~':"J
~,tJ;:t (';c:::j A~lorn~y
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