Resolution 2003-181
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RESOLUTION NO. 2003 . 181
A RESOLUfION AUTHORIZING THE CONDEMNATION OF A FEE SIMPLE INTEREST IN
PROPERTY REQUIRED FOR THE CONSTRUCTION OF A STORM WATER TREATMENT POND
ALONG GOLDEN GATE BOULEVARD REQUIRED FOR THE CONSTRUCTION OF ROADWAY
IMPROVEMENTS ALONG 13TH STREET SOUTHWEST FROM GOLDEN GATE BOULEVARD
SOUTH TO 16TH A VENUE SW (PROJECT NO. 69068). FISCAL IMPACT: $200,000.00.
WHEREAS, a bridge over the Golden Gate Main Canal has recently been constructed on 13th
Street Southwest in order to enhance fire, rescue and emergency medical response capabilities to more
southerly portions of Golden Gate Estates; and
WHEREAS, the existing pavement on 13th Street Southwest must be widened in order to
accommodate the width of fire, rescue and emergency medical service vehicles; and
WHEREAS, the widening of 13th Street Southwest will necessitate the closure of one of the
roadside ditches which was recently widened and reshaped to treat stormwater run-off from Golden Gate
Boulevard, prior to its discharge into the Golden Gate Main Canal; and
WHEREAS, water quality standards for discharge into the Golden Gate Main Canal established
by the South Florida Water Management District require that the roadside ditch stormwater treatment lost
to the widening of 13th Street must be replaced in some form or another; and
WHEREAS, on March 26, 2002, the Board of County Commissioners approved a Budget
Amendment required to fund a Professional Engineering Services Agreement with WilsonMiIler, Inc.
under Work Order Number WMI-02-04 for Project Number 69068, in order to design an alternative
stormwater treatment system for the Golden Gate Boulevard run-off; and
WHEREAS, WilsonMiller, Inc., has produced a design plan to treat the roadway stormwater
runoff from a portion of Golden Gate Boulevard in a five (5) acre retention pond; and
WHEREAS, the construction of the storm water retention pond currently being designed by
WilsonMiller, Inc., on that property described as Golden Gate Estates Unit 9, Tract 50, is necessary in
order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier
County in meeting certain concurrency requirements of the Growth Management Plan for Collier County;
and
WHEREAS, after consideration of the availability of 5 acre parcels, the comparative costs of
project alternatives, various impacts upon the environment, long range planning options, and public safety
considerations, the Board desires to exercise its right to condemn property for public purposes.
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 construction of
the stormwater retention pond for the treatment of stormwater from Golden Gate Boulevard and 13th
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Street Southwest (hereinafter referred to as "the Project") is necessary and in the public's best interest in
order to protect the health, safety and welfare of the citizens of Collier County.
AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long
range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan
for Growth Management, as approved by the Florida Department of Community Affairs.
AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for
the project, and the costs associated with the design, property rights acquisition, and construction of the
project, as well as public safety and welfare considerations associated with the design and construction of
the project, and various impacts to the environment, and the Board finds that after consideration of these
issues, the most feasible location for construction of the proposed improvements is Golden Gate Estates
Unit 9, Tract 50.
AND IT IS FURTHER RESOLVED that the location of the stormwater treatment pond has been
determined based on hydraulic and operational characteristics, maintenance considerations and
minimization of wetland impacts.
AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is
necessary for the Board to acquire the real property interest described as Golden Gate Estates Unit 9,
Tract 50 in fee simple.
AND IT IS FURTHER RESOLVED that the property shaIl be put to public purpose.
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately
acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127,
Florida Statutes, fee simple title to the real property more particularly described as Golden Gate Estates
Unit 9, Tract 50.
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 -P- day of ~
and majority vote.
,2003, after motion, second
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t:>>VI~'iE. 'B'gO~; CLERK
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BOARD OF COUNTY COMMISSIONERS
OF COLL COU , FLORIDA
QL!.
By:
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