Resolution 2005-343
RESOLUTION NO. 3<13
A RESOLUTION INITIATING FLORIDA STATUTES, CHAPTER 164
CONFLICT NEGOTIATION PROCEEDINGS WITH SOUTH FLORIDA
WATER MANAGEMENT DISTRICT AND BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA
WHEREAS, it is the intention of Collier County to initiate the conflict resolution
proceedings provided by Chapter 164, FS.. and
WHEREAS, Bernard J. and Helen R. Nobel and Vincent D. Doerr, property owners, have
filed suit against Collier County in Bernard J. and Helen R. Nobel and Vincent D. Doerr v.
Collier County and Collier County v. South Florida Water Management District and the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida in Case No. 05-0064-CA
for inverse condemnation resulting from actions taken by Collier County in conjunction with an
agreement with the South Florida Water Management District, (SFWMD) and The Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida, (TRUST), and
WHEREAS, on September 24,2003, Pamela MacKie appeared before the Collier County
Board of County Commissioners on behalf of the SFWMD and requested among other things,
the vacation of certain streets in Southern Golden Gate Estates area; and
WHEREAS, as a result of the aforementioned requests, Collier County agreed to enter in
an interlocal agreement with SFWMD and the TRUST, to vacate certain roadways; and
WHEREAS, after said vacation, the above-referenced lawsuit was filed against the
County and in response, the County filed a third-party complaint against the SFWMD and the
TRUST; and
WHEREAS, after the filing of the suit, both the SFWMD and the TRUST requested the
institution of Chapter 164, F S. intergovernmental negotiations; and
WHEREAS, all parties to Case No. 05-0064-CA, including the Plaintiffs, agreed to these
proceedings, and
WHEREAS, under the aforementioned agreement, the SFWMD was to convey 640
suitable aces of land to the County on or before October 1, 2005; however, the land designated
by the SFWMD may have environmental problems, and
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, to initiate, pursuant to F.S., Chapter
164, proceedings to resolve the following:
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1. conflicts pertaining to the County's claims and the inverse condemnation claims
of the Plaintiffs in Case No. 05-0064-CA; and
2. the conveyance of 640 suitable acres to the County pursuant to the
aforementioned Agreement between the County, the SFWMD and the TRUST.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2L day of S ~fT eho-Pt: It- . J ~ 0 ~
ATTEST: ,\ ' . (:.'1 {,t;~l': BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
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t(' By: '1uJ-w~
Attest as w. ChI 1 nIan . s FRED W. COYLE, CHA AN
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