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Resolution 2004-378 ~ Retn: CLJRK TO THI BOARD INTJROPPICB 4TH FLOOR m 1240 3535443 OR: 3709 PG: 1227 RJC PIB RBCORDJD in the OPPlCIAL mORDS of COLLlJR COUNTY I FL coms 01/04/2005 at 04:22PM DWIGHT J. BROCK, CLBRX RESOLUTION NO. 2004- 378 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR PETITION AVROW2001- ARl388 TO RENOUNCE AND DISCLAIM ALL RIGHTS AND INTERESTS OF THE PUBLIC TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON THE FOLLOWING ROAD RIGHTS-OF- WAY LOCATED WITHIN BOYNE SOUTH SUBDIVISION. THOSE ROAD RIGHTS-OF-WAY DEPICTED AND DESCRIBED IN THE PLAT OF "ROYAL PALM GOLF ESTATES UNIT ONE", AS RECORDED IN PLAT BOOK 12, PAGES 13 THROUGH 18, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR THE CONTINUING Al\TI UNAFFECTED RIGHTS OF EASEMENT HOLDERS, EMERGENCY MEDICAL AND FIRE SERVICES, COLLIER COUNTY WATER MANAGEMENT VEHICLES AND PERSONNEL, COLLIER COUNTY TRANSPORTATION VEHICLES AND PERSONNEL AND COLLIER COUNTY WATER-SEWER DISTRICT VEHICLES AND PERSONNEL; PROVIDING AN EFFECTIVE DATE. LOCATED IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Robert L. Duane, AICP, from Hole-Montes, Inc., as Agent for the Petitioner, Boyne South Property Owners Association, has petitioned the Board of County Commissioners to renounce and disclaim any right of the Public to access (ingress/egress) and travel upon the platted road rights-of-way located within Boyne South Subdivision; and WHEREAS, the road rights-of-way are described as those platted roadways dedicated to the use of the general Public and located within Boyne South Subdivision and legally described as follows: Those roadways depicted and described in the Plat of "Royal Palm Golf Estates Unit One", as recorded in Plat Book 12, Pages 13 through 18, Public Records of Collier County, Florida, being more specifically the right-of-way for Baywood Court, Baywood Drive, Bluewater Drive, Broadview Drive, Ensenada Court, Ensenada Drive, Greenwood Court, Greenwood Drive, Irene Drive, Lake Hammock Drive, Main Drive, Royal Hammock Boulevard, Royal Tree Parkway and Sandtrap Drive. WHEREAS, the Board has this day held a public hearing to consider the petition to renounce and disclaim the right of the Public to access (ingress/egress) and travel upon said roadways and rights-of-ways, and notice of said public hearing was given as required by law; and r. Page 1 of4 35.50 4.00 OR: 3709 PG: 1228 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; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board hereby determines and makes the following findings: a. The adoption of this Resolution to renounce and disclaim the right of the Public to access (ingress/egress) and travel upon the below-described road rights-of-way is in the best interests of the Public. b. The County shall have no maintenance and repair responsibility in the below- described road rights-of-way as a result of the Board's adoption of this Resolution which will provide a public benefit. c. The adoption of this Resolution is not injurious to the Public welfare or the individual property rights of any easement holder or property owner. 2. The right of the Public to access (ingress/egress) and travel upon the following platted road rights-of-way is hereby renounced and disclaimed: Those road rights-of-way depicted and described in the Plat of "Royal Palm Golf Estates Unit One" as recorded in Plat Book 12, Pages 13 through 18, Public Records of Collier County, Florida, being more specifically described as the following streets: Baywood Court, Baywood Drive, Bluewater Drive, Broadview Drive, Ensenada Court, Ensenada Drive, Greenwood Court, Greenwood Drive, Irene Drive, Lake Hammock Drive, Main Drive, Royal Hammock Boulevard, Royal Tree Parkway and Sandtrap Drive. 3. Further, the County renounces and disclaims 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. 4. This Resolution to renounce and disclaim the Public's right to access (ingress/egress) and travel upon the above-described road rights-of-way 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 and including, but not limited to, Florida Power & Light, Sprint Telephone, United Telephone, Comcast Cable and CVI Cable, and their successors and assigns. The access rights of Page 2 of4 OR: 3709 PG: 1229 such service providers shall be unaffected by this Resolution. 5. 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 road rights-of-way for emergency services including, but not limited to, the Collier County Sheriffs Department or 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. 6. 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 road rights-of-way 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 Collier County or the Collier County Water-Sewer District. 7. Maintenance and repair of the road rights-of-way described herein shall be the responsibility of the petitioner, Boyne South Property Owners Association, or its successors or assigns, after the effective date of this Resolution. BE IT FURTHER RESOLVED, that the request to renounce and disclaim the rights of the Public to access (ingress/egress) and travel upon the above-described road rights-of-way 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 following its 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 Official Records of the County. FURTHER, proper notations evidencing this Resolution shall be made on the plat of "Royal Palm Golf Estates Unit One" as legally described above. Page 3 of4 *** OR: 3709 PG: 1230 *** BE IT FURTHER RESOLVED, that this Resolution shalI be effective upon its adoption. This Resolution is adopted this ILjf! day of -.!.)cJ,/ hn!u /" , 2004, after motion, second and majority vote favoring same. DATED: . ...:". ATTEST" _,w"<D . l,,~j .f.~.".t. O~'- "., DWIG1f:l' .E;l!ROCj(:'C~', .,<...../,?;.~. '. \ i:~", ~~"i,. · .'. . .'.~~,; DC!. tt~. 1;.' ",cl... J Pu .' Ar" ..' .' '.~'. ....,'... .o.a . "\ \~. ~ :.~ '. AtUS:t.c,llS '.W.'-':~..".~. : n's II~j~~""" BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA ~d~ Approved as to form and legal sufficiency: Page40f4 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Anl!ela Brvant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on December 23rd. 2004. Alliam further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County. Flol;da, and that the said newspaper has heretofore been continuously publish~,,(\ in said Collier County. Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post oftice in Naples. in said Collier County. Florida. for a period of J year next preceding the lirst publication of the attached copy of advertisement: and affiant further says that he has neither paid nM, promised any person, linn or cOI"poraljon any discount. rebate. commission or refund for the purpose of securing this advcI1isement for publication in the said newspapcr. 0 L~-~~~I' ( Sign re of affiant) Sworn to and subscribed before me This 23rd day of December, 2004 6,~:~~~'~i!4:-' Hurriett B!Jshong .-:., f;" ":'.~ ....v COMMISSION # [)[)Z3~689 E~)'II~t "-.'::?/{:/ )u~. z.j iOO" . .' . *** 3535444 OR: 3709 PG: 1231 *** RECORDED in OFFICIAL RECORDS of COLLIER COUKTY, FL 01/04/2005 at 04:22PM DWIGHT B. BROCK, CLERK RBC FBE 10.00 COPIBS 1.00 Retn: CLBRK TO THE BOARD IKTBROPPICB 4TH PLOOR BIT 7240 NQ't'lCI 01 ADQII'TlON of 1IIWn..' that on the ~~ lkJ'tICelli ~ 1iI!jd-.J!i!1~ ~~~,,.~1' 1~ 2OM-..wc.:~.t=n~ lflC" III ~ :rt~~, IOYne~lI1~ tliQ!:latlon . =.. .iInd PVbl~1ld lIIld .. Mlif\fil:~ f.t ~ ..~. iInd~;Uok w: ~I ~T U. ~ ti\...-' ~COI . CountY. . be ~ In the ()tftce RlliOlUtlon lor:"-~ :~ te~~: of the CI'~ toFloOf', ~dl "':-~I ~ , .coIIolMISSlONPS SOMe? COIINTVf\.ORlQ" COl.LI.....~~ i .'. ~!.~~ClIlil', BY: A. ...--' ~.", Un tr7U21.. ^.'....".,_."...-.-'~-"'._.-._------...