Resolution 2003-195
RESOLUTION NO. 2003-~
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE LAND PURCHASING POLICY FOR
THE ACQUISITION OF ENVIRONMENTALLY SENSITIVE LANDS BY
THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM.
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WHEREAS, Collier County has recognized the need to plan for future growth and
has initiated a long-term program, known as Conservation Collier, to acquire, protect, restore and
manage environmentally sensitive lands in perpetuity and to provide public open space for the
benefit of present and future generations; and
WHEREAS, The Conservation Collier Program seeks to acquire property based
upon a reasonable and appropriate purchase price; and
WHEREAS, Collier County desires to establish a methodology to value lands
considered for acquisition; and
WHEREAS, The Conservation Collier Land Acquisition Advisory Committee
(CCLAAC) is charged with recommending acquisition policies.
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IN OPEN MEETING DULY ASSEMBLED IN THE
BOARD OF COUNTY COMMISSIONERS CHAMBERS AT 3301 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA, THIS ~ DAY OF~ 2003, A.D., HAVE RESOLVED AS
FOLLOWS:
SECTION I. Findings
It is found and declared that:
(A) A written policy and procedure for how the Conservation Collier Program values
land is required.
(B) The Collier County Real Estate Services Department has a current policy for the
purchase of lands that incorporates State and Federal Land acquisition procedures.
(C) The CCLAAC, first in subcommittee and then after discussion by the full
Committee on May 12,2003, has unanimously recommended a policy for land
purchasing in the Conservation Collier Program.
SECTION II. Be it further resolved that the Collier County Board of County Commissioners
adopts the following Prooerty Acquisition Policy for the Conservation Collier Program:
(A) Offer Amount Methodology:
1. If the estimated value of the property is less than $500,000.00, Real Estate
Services Department staff shall secure one narrative appraisal report from a
licensed independent real estate appraiser on an approved list with Collier County
and on the Florida Division of State Lands list of appraisers. The Offer Amount
will be equal to the appraised value.
2. If the estimated value of the property is $500,000.00 or greater, Real Estate
Services Department staff shall:
a. Secure two narrative appraisal reports from licensed independent real estate
appraisers on Collier County's and the Florida Division of State Land's list of
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approved appraisers. The Offer Amount will be equal to the average of the two
appraisals.
b. Should the two appraised values differ by an amount greater than 20% of the
lowest appraisal, a third appraisal will be ordered and the two appraisals
nearest in appraised value will be averaged to arrive at the Offer Amount.
3, All appraisals wilI be reviewed by Collier County's Real Estate Services
Department's staff appraiser and any appraisal that does not meet generally
accepted appraisal standards will not be used to arrive at the Offer Amount.
Either the appraiser must bring the appraisal to compliance or a replacement
appraisal will be ordered and used to determine the Offer Amount.
(B)Acouisition Process:
1. Upon authorization by the BCC to proceed with acquisition of properties included
on the "Active Acquisition List," the Real Estate Services Department will order
Title Commitments for each property on the Active Acquisition List.
2. Upon receipt of Title Commitments, the Real Estate Services Department will
send certified letters to the owners of the properties on the Active Acquisition List
outlining the appraisal and Offer Amount procedure and request a response
regarding whether they remain favorable to going forward with the sale. Owners
will also be advised that the County will accept whole or partial land donations,
Staff will follow-up by telephone within five (5) business days of the letter being
mailed.
3. For all properties with positive responses from their owners, the Real Estate
Services Department will order real estate appraisals in accordance with the
policy outlined in the Offer Amount Methodology above. Appraisals will not be
secured on property being donated.
4. Upon receipt of appraisals, the Real Estate Services Department's staff appraiser
wilI provide a review and, if the appraisals meet appraisal standards, the staff
appraiser will determine the Offer Amount according to the policy outlined in the
Offer Amount Methodology above. Collier County will not agree to pay a higher
amount nor give consideration to an owner's appraisal.
5. The Real Estate Services Department's acquisition staff will contact each owner
and advise him or her of the Offer Amount for the property. A letter verifying the
Offer Amount and a proposed Purchase Contract will be mailed to each owner
within ten (10) business days of making the Offer Amount to the owner. Staff
will follow-up by telephone within five (5) business days of the letter being
mailed.
6. Copies of appraisals wilI be made available to owners upon request
7. Upon receipt of a signed Contract from the property owner(s), Real Estate
Services Department staff will present the Contract to the Board of County
Commissioners for approval. If approved, staff wilI present the Contract to the
Chairman for execution. Staff will then proceed to clear title acceptable to the
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County Attorney's Office. After the title is cleared, staff shall schedule a closing
date.
S, Post closing, Real Estate Services will record all required documents, secure a
Title Insurance Policy, and release the property to the Environmental Services
Department.
(C) Expenses:
I. Sellers shall be responsible for the costs of Documentary Stamps on all deeds,
satisfactions of liens, and for the costs to clear title.
2. Collier County shall be responsible for the costs of appraisals, title commitments,
title insurance, recording of deeds, environmental audits, and property surveys, if
required by the County,
SECTION III. Effective Date.
This Resolution shall go into effect immediately upon its passage and adoption.
DONE AND ORDERED IN OPEN MEETING.
This Resolution adopted this ~ day of UUC).lZ- , 2003 after motion, second
and majority vote favoring same,
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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