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Agenda 03/28/2017 Item #17B03/28/2017 EXECUTIVE SUMMARY Recommendation to adopt an amendment to Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit (MSTU), in order to disband the three-person Rock Road Improvement MSTU Advisory Committee. OBJECTIVE: To disband the Rock Road Improvement MSTU Advisory Committee. CONSIDERATIONS: On November 28, 2006, the Board adopted Ordinance 2006-56, establishing the Rock Road Improvement MSTU, which provided a means to maintain the roadways and other facilities such as drainage, sidewalks, and street lighting, within the defined boundaries. On June 22, 2011, the Board adopted Ordinance 2011-22, modifying Ordinance 2006-56 by changing the boundaries of the MSTU and establishing a three-member Advisory Committee to improve communications for future projects within the MSTU. The MSTU consists of approximately 950 acres within Rock Road traversing north to south for 1.5 miles. All access to the MSTU is via seven feeder roads which terminate on and force all ingress and egress to the MSTU over Rock Road. A one-mile segment of the heavily traveled roadway forced almost continuous maintenance on Rock Road to support the traffic. On March 10, 2015, the Board of County Commissioners approved Resolution No. 2015-56 to claim ownership of the northern mile of Rock Road, authorized a loan to the MSTU, and directed that Rock Road be paved. The MSTU was tasked with paying back the loan, and maintaining the paved portion of the road until the loan was paid, after which Collier County would accept responsibility for maintenance. The recommended payback period is ten to twelve years. In June 2015, the northern mile of Rock Road was paved to a width of 20 feet. The paved portion is now over 1.5 years old, and the maintenance costs for that portion of the road have dropped from $15,000 annually to zero. The expected life of the paved road will exceed fifteen years, and no significant maintenance will be required during that period. Annual operating income from ad valorem taxes is $33,000 per year. Various mandated overhead amounts plus a recommended loan payback of $15,000 per year leaves approximately $15,000 per year to maintain the paved portion of Rock Road and four miles of gravel roads. Experience over eighteen months has shown that the remaining funds appear to be adequate for the purpose, but leave little room for discretionary spending. Since July 2016, the Rock Road Advisory Committee has had two vacancies with no applications, and the term of the last member will expire in July 2017. The paving of one mile of Rock Road was the major objective of the advisory committee, and that objective has been achieved. When the paving project was completed, a major portion of the income was dedicated to the payback of the loan, and the need for immediate input from the Advisory Committee was greatly reduced. Current ordinances require at least two public meetings per year. Staff would continue to coordinate a minimum of two meetings with the public to provide budget information and determine if there are any concerns. At a Rock Road MSTU Public meeting on February 9, 2017, the attendees agreed that this action was appropriate. With the reduced interest of the community to maintain the advisory committee, staff recommends disbanding the Rock Road MSTU Advisory Committee and reassigning the responsibilities for the administration functions back to the County Manager or his Designee. At its February 28, 2017 regular meeting, the Board authorized staff to advertise the proposed ordinance for future consideration. 03/28/2017 FISCAL IMPACT: The approximate cost to advertise the proposed ordinance is $400. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form and legality. A majority vote of the Board is required for approval. - JAK RECOMMENDATION: To adopts the proposed amendment to Ordinance No. 2006-56, in order to disband the three-person Road Improvement MSTU Advisory Committee. Prepared By: Harry Sells, MSTU Project Manager, PTNE Division ATTACHMENT(S) 1. Ordinance - Rock Road MSTU Amendment 013117 (PDF) 2. Rock Road Ordinance 2006-56 (PDF) 3. Rock Road MSTU Ordinance 2011-22 (PDF) 4. Rock Road Resolution 2015-50 from March 10, 2015 (PDF) 5. Legal Ad - Agenda ID #2822 (PDF) 03/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 2822 Item Summary: Recommendation to adopt an amendment to Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit (MSTU), in order to disband the three-person Rock Road Improvement MSTU Advisory Committee. Meeting Date: 03/28/2017 Prepared by: Title: Project Manager – Public Transit & Neighborhood Enhancement Name: Harry Sells 02/28/2017 4:35 PM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 02/28/2017 4:35 PM Approved By: Review: Public Services Department Joshua Hammond Additional Reviewer Completed 03/03/2017 11:29 AM Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 03/05/2017 3:20 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 03/13/2017 9:28 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/14/2017 10:54 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 9:14 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/15/2017 9:53 AM Budget and Management Office Ed Finn Additional Reviewer Completed 03/20/2017 2:54 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 9:59 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM ORDINANCE NO. 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-56, AS AMENDED, WHICH CREATED THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT, BY DISSOLVING THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, on November 28, 2006, the Board of County Commissioners adopted Ordinance No. 2006-56, establishing the Rock Road Improvement Municipal Service Taxing Unit (MSTU); and WHEREAS, the Board of County Commissioners (Board) subsequently amended Ordinance No. 2006-56 through its adoption of Ordinance No. 2011-22 which revised the geographical boundaries of the MSTU and created an advisory committee to review and recommend work programs and priorities to accomplish the MSTU's purpose; and WHEREAS, the priority of the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee was the paving of the most often used, northern section of Rock Road, which was accomplished in 2015; and WHEREAS, with this objective met, staff recommends dissolving the Advisory Committee and removing all references to the Advisory Committee from the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: Dissolution of the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee. Except for Section One, which amended the boundaries of the MSTU, Ordinance No. 2011-22 is hereby repealed, and the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee is hereby dissolved. 1 CAO SECTION TWO: Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of , 2017. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality Jeffrey A. Klatzkow, County Attorney 2 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman 1273 t4�S UED ECEI ORDINANCE NO. 2006_ 5 6 �sZ8zt INANCE CREATING THE ROCK ROAD IMPROVEMENT MUNICIPAL ICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED THREE (3) MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, that portion of Rock Road between Immokalee Road and Shady Lane, hereinafter referred to as "Rock Road," is currently a private roadway and not maintained by the County; and WHEREAS, the County has received inquiries from the property owners adjacent to Rock Road relating to the improvement and maintenance of this portion of Rock Road and connecting side roads; and WHEREAS, the responsibility for the maintenance of Rock Road lies with no one entity or individual, but rather falls to the individual property owners; and WHEREAS, the Board of County Commissioners has determined that the best method for funding the installation and maintenance of improvements within the area known as Rock Road is by the creation of the Rock Road Improvement Municipal Service Taxing Unit for purposes of levying taxes and funding necessary road improvements and maintenance in that area. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ` SECTION ONE. Authority r 4 This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200, Florida Statutes, and other applicable provisions of Law. SECTION TWO. Creation of the Municipal Service Taxing Unit There is hereby created and established the Rock Road Improvement Municipal Service Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taxing Unit and its boundaries are as described on the attached composite Exhibit A" that is incorporated by reference. Page 1 of 4 SECTION THREE. Purpose and Governing Body The MSTU is created for the purpose of providing and maintaining roadway improvements, which may include attendant facilities, such as drainage, sidewalks and street lighting. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR Funding and Levy of Taxes For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation, a millage rate not to exceed three (3) mils per year. SECTION FIVE. Tax Assessment and Collection Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX. Duties of the County Manager or His Designee The duties of the County Manager or his designee shall be: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU in accordance with established practices and policies of the Board of County Commissioners and as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized annual budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. C. To provide periodic written reports to the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners. SECTION SEVEN. Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other Page 2 of 4 applicable law, the more restrictive shall apply, If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT. Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE. Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this A W day of November, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: -•� ti� FRANK HALAS, CHAIRMAN �� � Vic►: '� � Approve4 o. legal sufficient Scott R. Teach, Assistant County Attorney This ordinance filed with the �d td9 State'. Off the and acknowledgement f that fil' g received this day o � By eputy Oark — , Page 3 of 4 GEOGRAPHIC BOUNDARIES: The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT shall comprise all that land located in Collier County, Florida, and specifically described as: The Northeast 1/4 of Section 32; The Northeast 1/4 of the Northwest 1/4 of Section 32; The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 32; The Southeast 1/4 of the Southeast 1/4 of Northwest 1/4 of Section 32; The Southeast 1/4 of Section 29; The Southwest 1/4 of the Northeast 1/4 of Section 29; The Southeast 1/4 of the Northeast 1/4 of Section 29; The South 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 29; The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 29; The West 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; The West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; The East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; East 100 feet of West 660 feet of the North 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 29; East 160 feet of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; The East 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; all in Township 48 South, Range 27 East. Exhibit "A" Page 4 of 4 .� \ Vii' '----- I , `� ti I j I--'-=- ---'---'-•-... i -�_ .�---- NO N I� ' I i I!� j I i I t� � � I u• -.f_ .+,. I 1I I �- „ CYPR : � I t DEER ROCK ROAD MSTU BOUNDARY DEER RUN L I � i T- III I ! I1, I I f I� I�I H -J I ; I i t F� 1 -L tit--- - -+ +�tit7 ROCK ROAD MSTU BOUNDARY MAP , _ I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct COPY of: ORDINANCE 2006-56 Which was adopted by the Board of County Commissioners on the 28th day of November, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of December, 2006. DWIGHT E. BROCK Clerk of Courts and Cierk Ex -officio to Board of County Commissioners f Win. , By: Ann Jennejoh , Deputy Clerk ORDINANCE NO. 2011- 2 2 "g�rz� u fi-� AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2006-56, (THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION TWO, CREATION OF THE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR A SECTION CREATING THE ROCK ROAV: r„ IMPROVEMENT ADVISORY COMMITTEE, APPOINTMENT AW - COMPOSITION; PROVIDING FOR THE TERMS OF OFFICE CIV: -TI THE ADVISORY COMMITTEE; AND PROVIDING FOR OFFICE" OF THE ADVISORY COMMITTEE, QUORUM AND RULES w PROCEDURE; PROVIDING FUNCTIONS, POWERS AND DUTW— - OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABII.ITY; PROVIDING FOR INCLUSION IN { CODE OF LAWS AND ORDINANCES; AND PROVIDING EFFECTIVE DATE. WHEREAS, on November 28, 2006, the Board of County Commissioners adopted Ordinance No. 2006-56, establishing the Rock Road Improvement Municipal Service Taxing Unit; M WHEREAS, the Board of County Commissioners is the governing body of the Rock Road Improvement Municipal Service Taxing Unit (the "MSTU") and directed staff to advertise an amendment to Ordinance No. 2006-56 to: (1) amend the geographical boundaries of the MSTU to remove those property owners that no longer have access to nor otherwise derive any benefit from the MSTU's stated purpose and to include all property owners within the MSTU's amended geographical boundaries; and (2) create an advisory committee that will meet semi-annually to work with County Staff to review and recommend work programs and priorities to accomplish the MSTU's purpose; and WHEREAS, on June 14, 2011, the Board of County Commissioners as the governing body of the MSTU approved this amendment to Ordinance No. 2006-56. Underlined words are added; Suck Through words are deleted NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMIV MIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 2006-56 is hereby amended to read as follows: Section One: Section Two, Creation of the Municipal Service Taxing Unit of Collier County Ordinance No. 2006-56 is hereby amended to read as follows: SECTION TWO. Creation of the Municipal Service Taxing Unit There is hereby created and established the Rock Road Improvement Municipal Service Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taxing Unit and its boundaries are as described on the attached composite Exhibit "A-1. " which that is incorporated by reference. The following properties,which were previously located within the MSTU's boundarie& are ex, re, s v identified as outside of the amended boundaries of the MSTU as stated in Exhibit A-1: Folio Numbers: 00211960007 00211240002 Section Two. Creation of the Rock Road Imprgvement Municipal Service Taxing Unit Advisory ComsaigM Appointment and Composition. A. There is hereby created and established the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee hereinafter referred to as the "Committee., B. The Committee shall consist of three (3) members who generally represent the area within the MSTU Members of the Committee shall be apvointed by and serve at the pl&sure of the Board of County Commissioners Two members shall be permanent residents within the MSTU and electors of Collier County One member may be an owner of residential or commercial pmR= within the MSN or an appointed Mnsentative of a business located within the MSTU and an elector of Collier County An owner of residential or commerciaal RmR= may be an individual. an officer of a corporation, or a partner of a P@99WWR.The `A Underlined words are added; Struck Through words are deleted. Board of County Commissioners shall consider appointment of members from different subdivisions and/or the communities within the M TU C. AApointment of the members to the Committee shall be by resolution of the Board of County Commissionem which resolution shall set forth the date of appointment and the term of office. D. Members of the Committee shall serve without cogwo ation. SccIQn Three. Terms of Office of the Advisory Committee. The initial terms of office of the Committee shalt be as follows: A. Two (2) members shall be appointed for a term of two LZ) years B. One (1) member shall be appointed for a term of three (3 ) years Thereafter each appointment or reappointment shall be for a term of dum (3) veers Appointments to fill env vacancies on the Committee shall be for the remainder of the unexpired term of office. Section Four. 4Ricers of the Advisory Committee. Overam and Rules of Procedure. A. At its earliest opportunity the membership of the Committee shall elect a chairman and vice chairman from among its members Officer's terms shall be for one (1) year. with eligihft for re-election. B. The presence of two (2) or more members shall constitute a quorum of the Committee necessary to take action and hmsaq business C. The Committee shall be governed by the most current edition of Roberts Rules of Order for the transaction of business md shall keep a written record of the meet W, reports and exhibits. and other documentation for preservation by the County staff, D. Committee member attendance requirements meld 'ng failure to attend mcelma and member removal from office are ovemed k ins Ce No 2001 55 as it may be amended. or by its successor -rdi--- Underlined words are added; Struck Through words are deleted. Section Five. Functions. Powers And Duties of the Advisory Committee. The functions rowers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in gM ing out the purpose of the MSTU as set forth in this Ordinance B. The Committee shall meet semi-annuallY to review and recommend work M&MM and Priorities to the County Ma_nager or his designee in accordance with the adopted budge or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and re Wnsibility of the County Manager or his designee Said work may be performed under contract fin accordance with law) or by County forces C. The Committee may WM and amend "Guidelines" to govern the operation of the MSTU s ibiect to approval by the Board of County Commissioners Section Six: Conflict And Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Seven: Lnclnaioa in The Code gf Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida The sections of the Ordinance may be renumbered or re - lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Section Eirtht: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. 4 _U dg nodwords are added, Struck Through words are deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 14`" day of June, 2011. A,r,I,E$T, ........,, I?�WI�,: sRv�$q Cledc Il�Yef�'as ✓1� I Approved as as to form and Le ciency �--� Scott R. Teach Deputy County Attorney 5 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: W. C'J' FRED W. COYLE, CHA This ordinance filed with the Serf tory of State's OffW, e the et day of n e— and ocknowledgeme o that filing r e ce ive d this oy of - 11/20 avuty er.,k nderl' words are added; SO k 'ThD—UA words are deleted. EXISTING MSTU BOUNDARY EXHIBIT A-1 PAGE 2 OF 3 GEOGRAPHIC BOUNDARIES: The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT shall comprise all that land located in Collier County, Florida and specifically described as: The North half of Section 32, Township 48 South, Range 27 East, Collier County, Florida; And; All of Section 29, Township 48 South, Range 27 East, Collier County, Florida; Less the following described parcels: The East One Hundred (100) feet of the West 360 feet of the North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the North 179.18 feet previously dedicated for road right-of-way. The East One Hundred (100) feet of the West 660 feet of the North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the North 179.18 feet previously dedicated for road right-of-way. The North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the West 660 feet and less the North 179.18 feet previously dedicated for road right-of-way. The East One Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty (30) feet thereof. The Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty (30) feet thereof and less the East Thirty (30) feet thereof. The West 400 feet of the East 660 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida. The East One Hundred feet of the West 660 feet of the Northwest quarter of the Northeast quarter of the Northeast quarter of Section 29, Township 48 South, Range 27 East, Collier County, FL less the North 100 feet thereof. Containing therein 905.61 acres, more or less. EXHIBIT A-1 PAGE 2 OF 3 00211960007 00211240002 00212200009 00211720001 00211200000 00212720000 00219720003 00222280608 00219840006 00219760005 00210920006 00222280501 00221080003 00220640004 00220360009 00222280103 00222280307 00214000003 00214160008 00213960005 00220240006 00221200003 00221360008 00220680006 00220720005 00221320006 00211040008 00212920004 00211080000 EXHIBIT A-1 PAGE 3 OF 3 PARCEL FOLIO NUMBERS REMOVED FROM BOUNDARY: PARCEL FOLIO NUMBERS ADDED TO BOUNDARY: EXHIBIT A-1 PAGE 3OF3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011-22 Which was adopted by the Board of County Commissioners on the 14th day of June, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of June, 2011. DWIGHT E. BROCK Clerk of Courtq;,4gfA�&'�14jk, Ex -of f icio to'a" ,of County Comci"sio rs'.� By: Marthar`Veia�a►� Deputy Clerk INSTR 5094376 OR 5128 PG 2797 RECORDED 3/12/2015 4:17 PM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $61.00 RESOLUTION NO. 2015- 5 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN AND CLERK OF COURT TO CERTIFY AND FILE THE MAP SKETCH OF A PORTION OF ROCK ROAD, FROM IMMOKALEE ROAD TO MINGO ROAD SITUATED WITHIN THE ROCK ROAD MUNICIPAL SERVICE TAXING UNIT, IN ACCORDANCE WITH SECTION 95.361(3), FLORIDA STATUTES WHEREAS, on September 13, 2006, the Board of Collier County Commissioners (the "Board") issued a declaration of emergency for the Rock Road area, asserting that the poor condition of the then existing road created a health and safety concern by severely limiting access to emergency vehicles; and WHEREAS, at that time the commence emergency repairs to passable for vehicular traffic WHEREAS, on N adopted Ordinance No. Municipal Service Taxing WHEREAS, the roadway improvements repairs were then was created for sidewalks and street lighting; ands, � u WHEREAS, the portion of P not limited directed County staff to immediately side streets to make them County Commissioners Rock Road Improvement providing and maintaining facilities such as drainage, in the map sketch and legal description attached hereto as Exhibit "A" (hereafter, the "Subject Parcel") was never formally established as a public road; and WHEREAS, Florida Statutes Section 95.361(2) states, in part, that a county that regularly maintains or repairs a road constructed by a nongovernmental entity for the immediate past seven (7) years is deemed to have been dedicated the road, to the extent of the width actually maintained, and that the dedication vests all rights, title, easement and appurtenances to the road in the County, whether or not there is a record of conveyance, dedication or appropriation to the public use; and WHEREAS, the County has regularly maintained or repaired the Subject Parcel for the immediate past seven (7) years as described in the affidavit of Michelle Arnold, Public Transit and Neighborhood Enhancement Department Director, attached hereto as Exhibit `B;" and WHEREAS, Section 95.361(3), Florida Statutes, provides that the filing of a map in the office of the Clerk of the Circuit Court of the county where the road is located showing the lands 5 OR 5128 PG 2798 and reciting on it that the road has vested in the county in accordance with Section 95.361(2), Florida Statutes, duly certified by the Chairman and Clerk of the Board of County Commissioners, shall be prima facie evidence of ownership of the road by the county (See sample Certification attached hereto as Exhibit "C"); and WHEREAS, the Board of Commissioners of Collier County wishes to authorize the Chairman and the Clerk to the Board of County Commissioners to certify and file the map sketch of the Subject Parcel in the office of the Clerk of the Circuit Court of Collier County, Florida in accordance with Section 95.361(3), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. All of the above Recital `s=die anal herein by reference kiss' forth fully 2. The Chairman and the Clerk_to the and directed to certif'y.,andJi e' h6 reflected on the attached a sej hereto as Exhibit" A and,,Jhe �e ec office of theCletrkro f u Circu"C( Section 95.361(**rida Statutes. 3. This resolution shalI00 effect inu This resolution adopted after mofi , f day of March, 2015.P"" ATTEST: DWIGHIF�,j n;I ROCK, CLERK 41, Attestairman's '0nriflyie bgly: ved`asto d legality: Scott R. Teach Deputy County Attorney Wl "are hereby expressly incorporated Okommissioners are authorized of Rock Road as situated and mg legal description attached ittached as Exhibit "C," in the tty, Florida in accordance with jority vote favoring same, this 10th BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. / e.'O�gze— TIM NANCE, CHAIRMAN OR 5128 PG 2799 co tfe-rL�ly Growth Management Division Land Development Services Sketch & Description for Dedication of Rock Road In Accordance with Section 95.361, Florida Statutes, Part of Section 29, Township 48 South, Range 27 East, Collier County, Florida. (Rock Road, 60 foot wide Right -of -Way) The East 30 feet of the West % of the East % of Section 29, Township 48 South, Range 27 East, Collier County, Florida,_LESS AND EXCEPT The Northerly 189.18 feet of the East 30 feet of,'*-.Irfi1fi' of the Northeast'/, less the North 100 feet previously d.". d-- #846. (Immokalee Road) The West 30 feet of the East Yz-of tae East Y2 of Se' ion 9, Township 48 South, Range 27 East, CollierJCot nty; ^'� da,_pLE AND EXCEPT The Northerly 179.18 feet of the Weft 34,, ipfPtt t o r as, ,o a Northeast %, less the North 100 feet previously &oe ii #& fbr a Ni i y #84P. (Immokalee Road) k� kan, � � Subject to Easements z'rr ' estrictions of Record.) 2F c MarBerman, P.S.M. Florida Surveyor and Mapper LS 5086 Collier County Surveyor Date: 2/14/2014 Ref Dwg No.: 2014-002 Rev: 2/18/14 Rev: 3/11/14 Rev: 3/03/15 Page 1 of 3 EXHIBIT "A" OR 5128 PG 2800 Sketch & DescvbpUon1 w DDeftalflon o4 Qook Road M Accordance w5th Sac Uon 95.361, MoTU@ Statutes Peat o4 BscUon 20, Towns Mp Q South, Gunge 27 East, CoMer County, FoAdla. (Rock Goad, 60 Boot Me Mght-Off-Way) 100' CANAL R/W NORTH LINE OFSECD TIUN 9 100' R/W LESS AND EXCEPT NORTH 89.18' LESS AND EXCEPT NORTH 79.18' EAST 30 FEET WEST 1/2 OF THE EAST 1/2 8 1 9 1 20 1 21 WEST 30 FEET OF THE EAST 1/2 70 OF THE EAST 1/2 O n 70 7 10 19 22 O D 6 11 18 23 5 \ 1 12 1 17 1 24 GLDEN GATE ES[TATES f UNIT 20 P.B. 7, PAGE 79 0 4 16 25 3 1 15 1 26 GRAPHIC SCALE 0 400 800 800 O1 60 ( IN FEET) 1 inch = 400 it. "• , / O MARCUS L. BERMAN, P.S.M. 2. REVISED 03.03.15 FLORIDA SURVEYOR & MAPPER LS 5086 1. REVISED 03.11.14 COLLIER COUNTY SURVEYOR MINGO DRIVE COLLIER COUNTY SOUTH LINE OF SECTION 29 Engineering and Environmental Service Department 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239-252-6885 Fax 239-252-6476 — NOT A SURVEY *** Date: SCALE: Job File No: SHEET NO. File No: EXHIBIT "All 2-14-2014 1" = 400' NONE 2 OF 3 12014-002 H:\Planning and Reg ulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\Rock Road\2014-002 Rock Road.dwg, 3/3/2015 9:11:47 AM OR 5128 PG 2801 AFFIDAVIT STATE OF FLORIDA ) )ss: COUNTY OF COLLIER ) BEFORE ME, the undersigned authority, personally appeared Michelle Edwards Arnold, who upon being duly sworn, deposes and says that: 1. My name is Michelle Edwards Arnold. I am over twenty-one (21) years of age and have personal knowledge of all matters -ted -or -referred to in this Affidavit. t=n r ,° 2. I am currentlyDirectorfor the+lJer County Public Transit and Neighborhood Enhance -The . De int, The P N Department is responsible for the oversight of Mumcipa '$ Se icle 'f xirig U t�;J'(, '* 'and° maintenance projects within those MSTU's. tib?. 3. Based on a rem of the County's iy County personnel, the County ha dg'u1` 1ynaint in+ past seven (7) years, that section of Road oadlocat as follows: )rmation provided to me by for more than the immediate within the Rock Road MSTU, described The East 30 feet of the West '/2 of the East % of Section 29, Township 48 South, Range 27 East, Collier County, Florida; LESS AND EXCEPT The Northerly 189.18 fee of the East 30 feet of the Northwest '/4 of the Northeast 1/4 less the North 100 feet previously dedicated for State Highway #846. (Immokalee Road) The West 30 feet of the East'/4 of Section 29, Township 48 South, Range 27 East, Collier County, Florida; LESS AND EXCEPT The Northerly 179.18 feet of the West 30 feet of the Northeast '/4 of the Northeast '/4, less the North 100 feet previously dedicated for State Highway #846. (Immokalee Road) Subject to Easements and Restrictions of Record Exhibit "B" OR 5128 PG 2802 FURTHER AFFIANT SAYETH NAUGHT. Michelle Edwards Arnold SWORN AND SUBSCRIBED to before me on this (l day of February, 2015, by Michelle Edwards Arnold who is personally known to me or who produced My Commission Expires: (type of identification) as identification. co s a.w-e Exhibit `B" n Public 'Notary Public ES J. VON RINTEW iMMISSION t EE 844616 IES: October 17, 2016 Thru Budget Notary Services *** OR 5128 PG 2803 *** SKETCH $ DESCRIPTION FOR DEDICATION OF ROCK ROAD IN ACCORDANCE WITH SECTION 95.361, FLORIDA STATUTES CERTIFICATION: I HEREBY CERTIFY THAT THE ROAD DESCRIBED HEREIN HAS VESTED IN THE CITY OF COLLIER COUNTY, FLORIDA IN ACCORDANCE WITH SECITON 95.361(2), FLORIDA STATUTES. ®...•—� le100�dce— TIM NANCE, CHAIRMAN BOARD OF COUNTY COMMISSIONERS, 4 COLLIER COUNTY,,FLORIDA9 r' • „ PP b SIGHT F. �BROCK;�E OFFI 10 CLARK � T 6AR15 OF CO CCS' �i+est as td airman s k Y if p ove s to d legality u Scott R. Teach, Deputy County Attorney NOT VAUD UNLESS ACCOMPANIED BY ALL SHEETS, 3 TOTAL. SEE SHEET 1 FOR LEGAL DESCRIPTION OF PORTION OF ROCK ROAD RIGHT OF WAY DEDICATION, SHEET 2 FOR SURVEYOR'S SKETCH OF DESCRIPTION OF ROCK ROAD RIGHT OF WAY DEDICATION AND SHEET FOR CERTIFICATION OF VESTING PURSUANTTO SECTION 95.361(2), FLORIDA STATUTES. {.' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday March 28 2017 in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-56, AS AMENDED, WHICH CREATED THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT, BY DISSOLVING THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must 3 register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be y Z limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. % If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. In Persons wishing to have written or graphic materials included in IV the Board agenda packets must submit said material a minimum CM of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the hearing. All N^ public material used in presentations before the Board will become a permanent part Lr of the record. V Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located M at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN DWIGHT E. BROCK, CLERK By: TERESA CANNON, Deputy Clerk (SEAL) March 15, 2017 No. 1520819