Resolution 2004-230
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RESOLUTION NO. 2004- 230
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AUTHORIZING THE ACQUISITION OF "TEMPORARY BEACH RESTORATION
EASEMENTS" BY GIFr IN SUPPORT OF THE IMPROVEMENTS NECESSARY FOR THE
COMPLETION OF THE COLLIER COUNTY BEACH RESTORATrON PROJECT AND THE
ASSOCIATED MANAGEMENT PLAN, PROJECT NUMBER 90527.
WHEREAS, the Board of County Commissioners approved a Professional Engineering
Services Agreement with Coastal Planning and Engineering, Inc. to provide professional engineering
services necessary for the completion of the Collier County Beach Restoration and Management Plan;
and
WHEREAS, the criteria for design and construction of the Collier County Beach Restoration
and Management Plan provides for compliance with provisions in the Coastal Zone Element of the
Growth Management Plan; and
WHEREAS, the beach renourishment improvements shall affect the majority of the Gulf
shoreline commencing at Vanderbilt Beach located in Section 29, Township 48 South, Range 25 East,
and proceed south along the Gulf-front beach of Pelican Bay located in Section 5, Township 49 South,
Range 25 East (hereinafter referred to as the "Project"); and
WHERES, the restoration project will be extending the width of the upland beach area. by
collecting clean beach sand from offshore areas and placing it along the shoreline; and
WHEREAS, the majority of the Project's construction will occur on land owned by the State of
Florida (seaward of the mean high water line or the erosion control line); however, the land located
landward of the mean high water line or erosion control line is owned by individual beachfront
property owners; and
WHEREAS, in order to ensure placement of sand landward of the mean high water line or
erosion control line, the Board of County Commissioners requires the conveyance from the individual
beachfront property owners of "Temporary Beach Restoration Easements" to cover only the areas
which are seaward of existing seawalls, revetments or beach vegetation line to allow the County's
contractor to place sand on the area between the mean high water line or erosion control line and the
seawalls, revetments or vegetation lines; and
WHEREAS, the Board of County Commissioners recognizes that the expeditious acquisition
of the required "Temporary Beach Restoration Easements," which shall terminate on December 31,
2025 is of importance in order to utilize the easement areas for enlarging and maintaining the beach
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and shoreline by filling with compatible sand, planting and maintaining native dune vegetation, as well
as providing additional erosion and storm surge protection for the beachfront residences,
condominiums and hotels; and
WHEREAS, the Board of County Commissioners recognizes the mutual beneficial results of a
renourished beach and anticipates the construction to begin in the Fall of 2004; however, in the event
that a beachfront property owner does not timely donate the required "Temporary Beach Restoration
Easement." there will be no placement of sand on privately-owned properties which have not been
donated to Collier County for the Collier County Beach Restoration Project; and
WHEREAS, the Board of County Commissioners authorizes the utilization of County-owned
and/or maintained beach access points to afford ingress and egress of equipment and supplies
necessary for the construction and maintenance of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The beach restoration and maintenance improvements, include, but are not limited to, the
enlargement and maintenance of the beach and shoreline by filling with compatible sand,
the planting and maintenance of native vegetation, the storage and removal of equipment
and supplies, and the erection and removal of temporary structures necessary and incident
to the construction of the Project, as identified in Exhibit "A", attached hereto and
incorporated herein, located along the Gulf-front beaches between Vanderbilt Beach and
Pelican Bay.
2. The Board of County Commissioners recognizes the importance of the land rights
acquisition function and its relationship to the overall project schedule; and the Board
desires Staff to facilitate and expedite the land rights acquisition process.
3. Staff is hereby authorized to acquire "Temporary Beach Restoration Easements" from the
affected property owners by gift only.
4. The Board of County Commissioners hereby authorizes its present Chairman and any
subsequent Chairman, for the life of the project, to execute any instruments, which have
been approved by the Office of the County Attorney, for any purpose as required for the
acquisition of the easements or any other documents necessary for the completion of the
Project.
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5. All title to "Temporary Beach Restoration Easements" obtained in the manner described
above shall be deemed "accepted" by the Board of County Commissioners, the governing
body of Collier County, Florida, a political subdivision of the State of Florida, and staff is
hereby authorized to record in the Public Records of Collier County, Florida, said
"Temporary Beach Restoration Easements" and such other instruments as may be required
for the acquisition of the easements and to perform any other work necessary and incident
to the construction of the Collier County Beach Restoration Project.
6. The Board of County Commissioners hereby authorizes the utilization of County-owned
and/or maintained beach access points to afford ingress and egress of equipment and
supplies necessary to the construction and the maintenance of the Project.
7. The Board of County Commissioners directs Staff not to place sand on privately-owned
properties in the event the property owner(s) do not donate in a timely manner, the
"Temporary Beach Restoration Easements" to Collier County necessary for the completion
of the Collier County Beach Restoration Project.
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This Resolution adopted on this !2> I
day of 3"lJ. \ ~
, 2004, after motion,
second and majority vote.
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA,
~.d~
DON A FIALA, CHAIRMAN
By:
Approved as to form and
legal sufficiency:
fidt f I---
Heidi F. Ashton
Assistant County Attorney
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EXHIBIT
COLLIER COUNTY
BEACH RENOURISHMENT
Vanderbilt and Pelican Bay Beaches
Legend
ProJ e ctB 0 und ari es
Beach Hotels and R 8S ort Condos
Publicly.owned Property
FDEP Cntical Erosion Area
o
<a5 810 1.7<tl 2tllD
1 incl\equil;1,5'm.oe..t
Foot
3.<&l
All p,ir~1 dolt" (linlS, t.:xt "...Ur.1'MMs. eit.)
,jm~ ..i.1 imiIgeryolr. provided bytht CoMit'
COU'lty Property Appr.ilflr, who 5 sol.~
r.pol"ll~" fOI their .lCCUI.Icy ,nd cunerY:/!l.
Leg,ill Dil:cl..imer
The mformition oontlw-..d on thil: mip iI noUo bill COlVtrued or used
as,l "1'Q.ild~cription". MoiP intumdon 8: be:M'vld>> be OIIoour.t.
but ,ccurolcyis notgu..r.lnt..d, In no evenhull Colill, Colriy b. W,Ible
tor Mr'f d"~G.. including Ian of d.ll., lost prot.. busin.. rierup1ion,
los. r;Abu:;ir'llrSs inform.ion or athtr plaJni.ry Ian I'l.t: might,.is:e tom
'the un otthiJ m~ or the informoiiion it ccriolil'li.