Resolution 2009-176
RESOLUTION NO. 2009 - 1 76
A RESOLUTION REQUESTING THAT THE FLORIDA DEPARTMENT
OF TRANSPORTATION QUITCLAIM TO COLLIER COUNTY
CERTAIN RIGHT-OF-WAY, BEING THE NORTH FIFTY FEET OF THE
SOUTH ONE HUNDRED FEET OF SECTION 31, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, in accordance with provisions of Section 335.0415, Florida Statutes, the
State of Florida Department of Transportation (hereinafter referred to as "FDOT") has the
authority to transfer jurisdiction of roads and rights-of-way from the State Highway System to
local governmental entities, provided there is mutual approval of the transfer by FDOT and the
affected local government entity; and
WHEREAS, FDOT currently has title to certain right-of-way, being the North fifty feet
of the South one hundred feet of Section 31, Township 49 South, Range 27 East, Collier County,
Florida; and
WHEREAS, Collier County requires said right-of-way for the construction of the Wilson
Boulevard Extension and desires for FDOT to transfer jurisdiction of the right-of-way from the
State Highway System to the jurisdiction of Collier County; and
WHEREAS, the Collier County Board of County Commissioners has determined that it
is in the best interest of the citizens of Collier County for the County to accept title to the right-
of-way and the jurisdiction therefor; and
WHEREAS, the right-of-way is to be conveyed for public purpose use only.
NOW THEREFORE BE IT RESOLVED that the Collier County Board of County
Commissioners does hereby request the Florida Department of Transportation to transfer unto
Collier County jurisdiction for, and all right, title and interest in and to the North fifty feet of the
South one hundred feet of Section 31, Township 49 South, Range 27 East, Collier County,
Florida, and hereby formally petitions FDOT to release all rights to phosphates, minerals, metals
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and petroleum in, on or under the right-of-way and to waive any right of surface exploration, and
does hereby authorize its Chairman to execute any agreement or other instrument pertaining to
said transfer.
BE IT FURTHER RESOLVED, the release of FDOT's rights to phosphates, minerals,
metals and petroleum is needed to ensure that the future public road infrastructure is not
disturbed by mining or mineral exploration.
THIS RESOLUTION ADOPTED this 18TH day of ::r lAL Y
, 2009, after
motion, second and majority vote.
.,/..
A TTES1::') J.' . '~.' I ~,_
DWIGHT E. BROC~, CLERK
., .
BOARD OF COUNTY COMMISSIONERS
OF COLLIE COUNTY, FLORIDA
I _
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By:
By:
DONNA FIALA, CHAIRMAN
,Dep
Attest .. to ca.
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Approved as to form and
legal ufficiency:
Clro
t.. I f) l A. C 1 CK 0
{c ~County Attorney
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