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Resolution 1999-235RESOLUTION NO 99- 235 RESOLUTION FOR PETITION V~TO REN(¢~¢NCE AND DISCLAIM ALL RIGHTS AND INTERESTS OF filE COUNTY AND PUBLIC TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON THE FOLLOWING ROADWAYS LOCATED WITHIN FOXFIRE SUBDIVISION AND PLANNED UNIT DEVELOPMENT: THOSE ROADWAYS DEPICTED AND DESCRIBED IN THE PLAT OF FOXFIRE UNIT ONE, PUA'r ROOK 13, PAGES 84 THROUGH 86 AND FOXFIRE UNITTHREE PLAT BOOK 13, PAGES 101 THROUGH 103, PUBLIC RECOr~DS OF COLLIER COUNTY, FLORIDA; PROVIDING FOF' THE CONTINUING AND UNAFFECTED RIGHTS OF EA,~,FMENT HOLDERS, EMERGENCY MEDICAL AND FIRE SE[:~VICES, COLLIER COUNTY WATER MANAGEMENT VEHICLIiS AND PERSONNEL, COLLIER COUNTY TRANSPOF ;ATION VEHICLES, PERSONNEL AND PERMITTING, AND ~,.?LLIER COUNTY WATER-SEWER DISTRICT VEHICLE~; AND PERSONNEL; PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Sections 336 09 and 33610, Flonda Sta~ ;:es. Kenneth B. Cuyter, Esq., as Agent for petitioner, Foxflre Community Association of C ...',,-.:r County, Inc., has petitioned the Board of County Commissioners to renounce and discla~r" any right of the County and the Public to access (ingress/egress) and travel upon the platted .¢adways located within Foxfire Subdivision and Planned Unit Development, except as spe, ',-:atly set forth in this Resolution; and WHEREAS, the roadways are described as those platted roadw ~. ~ dedicated Io the use of the general Public and located within Foxfire Units One and Three .":~ legally described as follows: Those roadways depicted and descnbed m the Plat of Foxfire Unit One, Plat Book 13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through 103, Public Records of Collier County, Flodda; and WHEREAS, the Board has this day held a public hearing to consider the petition to renounce and disclaim the right of the County and the Public to access (ingress/egress) and travel upon said roadways and rights-of-ways, except as specifically noted and provided below, and notice of said public hearing was given as required by law; and 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; THE BOARD OF COUNTY NOW, THEREFORE BE IT RESOLVED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board hereby determines and makes the following findings: a. The adoption of this Resolution to renounce and disclaim the right of the County and the Public to access (ingress/egress) and travel upon the below-described roadways, except as specifically retained and reserved herein, is in the best interests of the Public. b. The County shall have reduced maintenance and repair costs as a result of the Board's adoption of this Resolution. c. The adoption of this Resolution is not injunous to the Public welfare or the individual property rights of any easement holder or property owner, 2. The rigl~t of the County and the Public to access (ingress/egress) and travel upon the following platted roadways: Those roadways depicted and described in the Plat of Foxfire Unit One, Plat Book 13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through 103, Public Records of Collier County, Florida; is hereby renounced and disclaimed. 3. This Resolution to renounce and disclaim the County and the Public's right to access (ingress/egress) and travel upon the above-described roadways 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 including, but not limited to, Flodda Power & Light, Sprint Telephone, United Telephone, Continental Cable and CVI Cable, and their successors and assigns The access rights of such service providers shall be unaffected by this Resolution. 4. 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 roadways for emergency services including, but not limited to, the Collier County Sheriff's Department cr 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. 5. 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 roadways 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 the County or Collier County Water-Sewer District. 6. Further, the County specifically retains and reserves to itself 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. 7. Maintenance and repair of the roadways described herein shall be the responsibility of the petitioner. Foxfire Community Association of Collier County, Inc., after the effective date of this Resolution. 3 BE IT FURTHER RESOLVED, that the request to renounce and disclaim the rights of the County and the Public to access (ingress/egress) and travel upon the above-described roadways 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 followin9 its adoption, in one issue of a newspaper of §eneral 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 Deed Records of the County. FURTHER, proper notations evidencin9 this Resolution shall be made on the plats of Foxfire Units One, Two and Three as legally described above. BE IT FURTHER RESOLVED, that this Resolution shall be effective upon its adoption. This Resolution adopted after motion, second and majority vote favodn9 same. ATTEST: DW1GHT E. BROCK, Clerk Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA P~,MELA S. MAO'KIE CHAIRWpMAN Heidi F. Ashton Assistant Collier County Attorney I 116~1_1 .Wp.f