Loading...
Agenda 07/28/2009 Item #16K 1^r7t ! vi rj EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to send to the National Park Service affidavits of 5 employees which will end a dispute with the National Park Service over the ownership of a portion of Burns Road. OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to send to the National Park Service affidavits of five county employees that will end a dispute with the National Park Service over the ownership of a portion of Burns Road. CONSIDERATIONS: In the 1.970's, the owners along Burns Road dedicated to Collier County a strip of land up to 60 feet wide for Burns Road. The dedications cover a portion of the road that runs east of Burns Lake in an east /west direction and then turns north running north/south. The initial north/south segment from US 41 to Burns Lake was not dedicated to the County. A map depicting the portion conveyed to Collier County is attached to the executive summary. Staff has been unable to locate a formal acceptance by resolution or vote of the Board to accept Burns Road. The County's Road Maintenance Department states that they have maintained the roadway since the 1970's in its entirety and solve employees recall working on the road. Representatives of the National Park Service have stated that the National Park Service will accept the affidavits as evidence that the County accepted the dedication of Burns Road. Once the affidavits are signed and submitted to the National Park Service, the County will be responsible for maintenance of Burns Road unless the County conveys the road to the National Park Service in the future. FISCAL IMPACT: The annual cost of maintenance of Burns Road is $15,500.00. Funds are budgeted and available in Transportation services fund 101. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: Once the affidavits are signed and sent to the National Park Service, the County shall have the maintenance responsibility of portions of Burns Road. It is arguable whether a maintenance responsibility presently exists. This item is ready for Board consideration and approval. It is not quasi - judicial and ex parte disclosures are not required. A majority vote is necessary for Board action. - -HFAC RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to draft affidavits to be signed by County employees to resolve the ownership issue of portions of Burns Road. PREPARED BY: Heidi Ashton- Cicko, Land Use Section Chief, Assistant County Attorney COMER COUNTY fi 1c://C:"A Lenda OWN non\ 1 1111"WO OWN ww(1 o rO 7/')")!-)OOQ Rem Number: Item Summary: Reanninerwann wManze Ve Coy Asomey 1c send a the Moral Park Servae Me "s of 5 emboyees vamsh PT end 5 Was nth to Mora Pas Serace cz,er toe LwneThq 0' ? purrM7 Y Ows pow" Meeting Date: 7;'23;--G,_-� Prepared By F- iFFOOM Tourty Adomey Cvuvy "Zomey Dote 7TMK? C4= Approved By J,hn Vlie' Rcaul f0aminnann :LperhOeMant Me T r2 ni�pc. rt, a t i cn, S e r- i c r! a C:21 LN1111 Approved By sar d r� R� 3 c m i r v �s ::ate Transpor=i�),-, Fervices TURNS ON ANA Approved By KojehAhmad Dote T;-ans;x7,i-Labor Services 8: 4 G L, N1 Approved Q sccu R. nFw:�' 4 FvNtFq1 sn,wn; covvy NUONOV Approved By C'FOIE� cc'urlty 0� 50e FV Approved Q Kw* slArn') n"q &�My Wa �qnj CiRe OWn if A 7 17271 r ail AWr Approved By Ky-K.C, 57 MY! fi 1c://C:"A Lenda OWN non\ 1 1111"WO OWN ww(1 o rO 7/')")!-)OOQ voll O ti cis CD I ---l-1 Pry (11 ro 5. R. IL fi 7i- cs