Resolution 2004-088
IOC
RESOLUTION NO. 2004-....8..ll-
A RESOLUTION AUTHORIZING THE FEE SIMPLE ACQUISITION OF
PROPERTIES BY CONDEMNATION FOR THE PURPOSE OF CONSTRUCTING
STORMWATER IMPROVEMENTS TO ALLEVIATE FLOODING IN THE AREA
KNOWN AS THE GA TEW A Y TRIANGLE.
WHEREAS, the Board of County Commissioners, during a workshop on June 26, 2003,
reitereated their support for the project undertaken by the County's Stormwater Management
Department approximately four years ago to correct the serious flooding and drainage problems
that the South and East Naples areas including the Gateway Triangle were experiencing during
heavy rains (hereinafter referred to as the "Project"); and
WHEREAS, the Stormwater Management Department has worked diligently over the past
four years to acquire properties within the area of the Project area to accommodate the installation
of drainage pipes and catch basins, and to accommodate the construction of a retention area to
further alleviate the flooding problems within the Gateway Triangle area; and
WHEREAS, after consideration of the availability of alternate sites and locations, the
comparative costs of project alternatives, various impacts upon the environment, long range
planning options, and public safety considerations, the Board has determined that it is necessary
and in the best interest of public to exercise the County's power of eminent domain in order to
acquire that certain property more particularly described as Lots 15, 16, 17, 18, 19 and 20, Naples
Commercial Center, First Addition, according to the plat thereof recorded in Plat Book 8, Page 3,
of the public records of Collier County, Florida (hereinafter collectively referred to as the
"Property")
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the
Board that the Project has been evaluated as part of the County's long range planning effort, that
the County Staff and its consultants have extensively reviewed alternative locations for the
Project, various impacts to the environment, public health, safety and welfare considerations
associated with the design and construction ofthe project, and the costs associated with the design,
property rights acquisition, and construction of the project; and the Board finds that after
consideration of these issues, that construction of the Project is necessary and in the best interest
of the public, and that the subject Property is the most feasible location for construction of the
proposed improvements.
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
Resolution For Condemnation
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AND IT IS FURTHER RESOLVED that is necessary and in the best interest of the public.
to exercise the County's power of eminent domain to condemn the Property,
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to file
pleadings in eminent domain on behalf of Collier County, in accordance with the provisions of
Chapters 73, 74 and 127, Florida Statutes. in order to condemn the subject Property.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property
sought to be acquired and therefore it will not be necessary to remove any mobile homes from the
property to be acquired,
This Resolution adopted on this _ day of
,2004,
after motion, second and majority vote.
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By:
DONNA
Approved as to form and
legal sufficiency:
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Heidi F. Ashton
Assistant County Attomey
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Item # Jnc..
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Date
Rec'd
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Resolution For Condemnation
(Page 2)