Resolution 1995-027
RESOLUTION NO. 95- 27
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL CONVEYANCES MADE TO COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND ALL
CONVEYANCES MADE TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE
HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT REQUIREMENTS
OF ANY AND ALL ORDINANCES AND AGREEMENTS OR AS AN INTEGRAL PART OF CAPITAL
IMPROVEMENT PROJECTS.
WHEREAS, the Board of County Commissioners is the governing body of
Collier County, a political subdivision of the State of Florida, and in
addition is ex-officio the Governing Board of the Collier County
Water-Sewer District (hereinafter collectively referred to as "Collier
Countyll); and
WHEREAS, various interests in real property must be conveyed to
Collier County for public use as a requirement of certain development
commitments stipulated by Collier County ordinances, in fulfillment of
obligations which may now or in the future be contained in agreements
between Collier County and any legal entity, and as an integral part of
capital improvement projects; and
WHEREAS, the formal acceptance by Collier County of such required
conveyances is important in that infrastructure maintenance responsibil-
ities are thereby established, and the public right to utilize rights-
of-way becomes documented through such acceptance; and
WHEREAS, the growth of the County necessitates an increasing number
of such conveyances year after year; and
WHEREAS, the number of conveyances has caused County staff to bring
an increasing number of separate rlacceptances" before thp Board of County
Commissioners via Executive Summary and Resolution; and
WHEREAS, it is desirable and in the best interest of Collier County
to reduce the staff time and paperwork which is generated by the
formalized acceptance process.
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16E 1
NOW, THEREFORE, BE IT RESOLVED that all interests in real property
which may be conveyed either to Collier County, a political subdivision of
the State of Florida, or to the Board of County Commissioners as the
governing body of Collier County, Florida, and as ex-officio the Governing
Board of the Collier County Water-Sewer District, and which are conveyed
to either entity as a development commitment requirement pursuant to any
County ordinance, or in fulfillment of any obligation which may now or in
the future be contained in any agreement between Collier County and any
other legal entity, or which are required as an indispensable function
during the completion of a capital project which has been approved by the
Board of County Commissioners, are hereby accepted.
AND IT IS FURTHER RESOLVED that in order to document the acceptance
of any such conveyance of an interest in real property to Collier County,
the Clerk to the Board is hereby authorized to affix to any such
conveyance instrument, prior to recording in the Public Records of Collier
County, Florida, a stamp or seal attesting to acceptance on behalf of
Collier County. The Real Property Management Director, or her designee,
shall provide written notification to the Clerk of Court that the
conveyance was required by the Board of County Commissioners in
fulfillment of an obligation on behalf of the conveying entity or to
complete project as approved.
AND IT IS FURTHER RESOLVED that the present Chairman of the Board of
County Commissioners, or any subsequent Chairman, is hereby authorized to
execute all documents pertinent to the acceptance of any such conveyance
or the clearing of the lien of any encumbrance from any such conveyance.
AND IT IS FURTHER RESOLVED that staff is authorized to follow proper
real estate closing procedures and record all such documents in the Public
Records of Collier County, Florida.
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THIS RESOLUTION ADOPTED after motion, second and majority vote.
Dated:
<<v1.r
A'ITESTi' .
~i~~' B;2;K~ .2J. f,
(. '.
Approved as tO,form and
legal sufficiincy
I J " ,
'(, (I I ,'I' j, i..
Heidi F. Ashton
Assistant County Attorney
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