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Resolution 2004-209 RESOLUTION NO. 2004- 209 lL I~.r C r.) '.'\ L.'" A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL REAL PROPERTY CONVEYANCES MADE EITHER TO COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OR TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WInCH ARE HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES, OR IN FULFILLMENT OF OBLIGATIONS PURSUANT TO AGREEMENTS, DEVELOPMENT ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULATIONS, OR AS MAYBE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL IMPROVEMENT PROJECT. 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 County"); and WHEREAS, various interests in real property must often be conveyed to Collier County for public use in order to fulfill certain development commitments stipulated by Collier County ordinances, development orders, conditional use approvals, site development plan approvals, or in order to fulfill obligations which may now or in the future be contained in agreements between Collier County and any legal entity for the construction of capital improvement projects; and WHEREAS, the formal acceptance by Collier County of such conveyances is important in that infrastructure maintenance responsibilities are thereby established, and the public's right to utilize certain real property becomes documented through such acceptance; and WHEREAS, the growth of Collier County necessitates an increasing number of such conveyances year after year, which would otherwise require County staff to prepare an increasing number of executive summaries to bring each separate "acceptance" before the Board of County Commissioners; 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 for each conveyance. NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be conveyed to Collier County, or to the Collier County Water-Sewer District, and which are conveyed as a development commitment requirement pursuant to any County ordinance, as a stipulation or condition of Conditional Use approval or Site Development Plan approval, 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 real property conveyances are required for the construction of Page 1 1685 any 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, a stamp or seal attesting to acceptance on behalf of Collier County, with reference made to this resolution, shall be affixed to such conveyance instrument by County staff prior to its recording in the Public Records of Collier County, Florida. AND IT IS FURTHER RESOLVED that the Chairman of the Board of County Commissioners is hereby authorized to execute all documents pertaining to the acceptance of any such real property conveyance, or pertaining to the clearing of the lien of any encumbrances from any such conveyance. AND IT IS FURTHER RESOLVED that the staff is authorized to follow proper real estate closing procedures and record all such conveyance and curative instruments in the Public Records of Collier County, Florida. AND IT IS FURTHER RESOLVED that Resolution No. 2004-25 is hereby superseded and replaced in its entirety. '\-;;l"l TInS RESOLUTION ADOPTED on this ~ day of ~ )~I(\ e.. , 2004 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ._ .\'":,}r~ . E C .: (::, ~: I?AU".'!:;1?~.~4J. 6(.. ;' ;', 'Deputy;. lerk Attest II tit ~1"""~ : s1gnrtur. oiI~li' .. \.!."y ./ I' .,..f.;~>' ';. t;"J':'....: By' rg~ oI~, DONNA FIALA, Chairman Approved as to form and legal sufficiency: ,IJ~ )- A- Heidi F. Ashton Assistant County Attorney Item # lb,85 Agenda Date b'22 -n.'1 Date Rec'd fo'~3'D4 Page 2