Resolution 2002-400
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RESOLUTION NO. 2002-~
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFr OR PURCHASE
OF FEE SIMPLE INTERESTS IN LAND REQUIRED FOR A STORMWATER
TREATMENT POND WHICH WILL BE REQUIRED FOR THE CONSTRUCTION
OF ROADWAY IMPROVEMENTS ALONG 13TH STREET SOUTHWEST FROM
GOLDEN GATE BOULEVARD SOUTH TO 16TH AVENUE SW (PROJECT NO.
69068).
WHEREAS, the recent construction of a bridge over the Golden Gate Main Canal on 13th
Street SW, connecting Golden Gate Boulevard to 16th Avenue SW, will result in a substantial
increase in traffic volumes, especially trips involving wide bodied vehicles from the Golden Gate
EMS and fire and rescue stations located on the comer of Golden Gate Boulevard and 13th Street
SW;and
WHEREAS, on March 26, 2002, the Board of County Commissioners approved the
Budget Amendment for a Professional Engineering Services Agreement with WilsonMiller, Inc.,
under Work Order Number WMI-02-Q4 for Project Number 69068, specifically for the purpose
of widening 13th Street SW to accommodate the increased traffic and larger vehicles; and
WHEREAS, WilsonMiller, Inc., is in the process of producing a design plan to modify
the treatment of roadway storm water runoff from a portion of Golden Gate Boulevard, which
modification will consist of treating the stormwater in a retention pond rather than in detention
ditches parallel and abutting 13th Street SW, as originally permitted by the South Florida Water
Management District; and
WHEREAS, the acquisition of property for the pond site and related facilities currently
being designed by WilsonMiller, Inc., within the project corridor depicted on Exhibit "A," is
necessary in order to protect the health, safety and welfare of the citizens of Collier County, and
wi II assist Collier County in meeting certain concurrency requirements of the Growth
Management Plan for Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the pond site and related facilities associated with 13th
Street SW are necessary and are in the best interest of Collier County.
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2. The construction and maintenance of the stormwater retention pond and related
facilities are compatible with the long range planning goals and objectives of the
Growth Management Plan for Collier County.
2. It is necessary and in the best interest of Collier County to acquire fee simple interests
in lands necessary for the construction of a stormwater retention and treatment pond
at some location within the project corridor as depicted on Exhibit "A;" and County
Staff is hereby authorized and directed to acquire said fee simple interests by gift or
purchase.
3. The Board hereby directs staff to use independent appraisal reports or internal
compensation estimates as staff determines is necessary to best serve the needs of the
Project in a timely and cost-effective manner.
4. The Board, in accordance with the provisions of Section 125.355, Florida Statutes,
hereby formally waives the requirement for a formal, independent appraisal report for
the purchase of a property where the purchase price of the parcel (the compensation
due to the property owner) is less than One Hundred Thousand and 00/100 Dollars
($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized
to make purchase offers for the properties, the dollar amounts of which shall be
predicated on "staff compensation estimates" based upon independent appraisals (and
the data therefrom) obtained on similar properties and upon consideration and
application of appropriate market value and cost data pertinent to the subject parcels.
5. Upon the approval by the County Attorney's Office of all documents necessary for the
subject property acquisition, Transportation Engineering and Construction
Management Department staff is hereby directed to offer immediate delivery to the
respective property owners of compensation (as established by the appraisal or staff
compensation estimates in accordance with the provisions of Section 125.355, Florida
Statutes), in return for the immediate and proper execution of such deeds and/or other
legal instruments as the County Attorney's Office deems appropriate in order to
protect the interests of the County; and the Board 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, to
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16810
remove the lien of any encumbrance and for any such other purpose as may be
required.
6. In those instances where negotiated settlements may be obtained via the "Purchase
Agreement" mechanism, the Administrator of the Transportation Division, or any
Project Manager of his designation, is hereby delegated the authority to approve the
purchase of land interests above the staff compensation estimate or appraised value
and pay normally related costs when it is in the best interest of the Project, within the
pro-rata share of the land rights acquisition budget for the parcel being acquired, only
when the difference between the purchase price and compensation estimate or
appraised value is less than Twenty-Five Thousand and OOIlOO Dollars ($25,000.00)
or the current purchasing limits established by the Collier County Purchasing
Department; provided, Project funding is available.
7. That the settlement approval authority is delegated by the Board to the extent that
such approvals do not conflict with the provisions of Section 125.355, Florida
Statutes.
8. The Chairman of the Board is hereby authorized to execute Purchase Agreements
where the landowner has agreed to sell the required land rights to the County at its
appraised value or at that amount considered the "Administrative Settlement Amount"
as such term is internally used by the administrative agencies of Collier County.
9. Where the property owner agrees, through the execution of a "Purchase Agreement",
to convey a necessary interest in real property to the County, and upon the proper
execution by the property owner of a Warranty Deed and such other legal instruments
as the Office of the County Attorney may require, the Board hereby authorizes the
Finance Department to issue warrants, payable to the property owner(s) of record, in
those amounts as shall be specified on a closing statement and which shall be based
upon the appraisal or staff compensation estimate in accordance with this Resolution
and the provisions of Section 125.355, Florida Statutes.
10. All title to properties or interests in properties which have been obtained in the
manner described above shall be deemed "accepted" by the Board of County
Commissioners, as the governing body of Collier County, Florida, a political
subdi vision of the State of Florida, and as such, staff is hereby authorized to record in
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16810
the Public Records of Collier County, Florida, deeds, easements or other instruments
as may be required to remove the lien of any encumbrance from the acquired
properties.
THIS RESOLUTION ADOPTED on this~day of ~ ,2002, after
motion, second and majority vote.
ATTEST:
D.~~~.gCK. CLERK
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f_~:..i~~1>.L
; At.'. ieS(..~~i.....to. - .f)~.-'.' : '.:t. iClerk'
, . . - . frWli .1
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, ~ppcqy,ecr:~~J~;l~'and
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Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OFc~~.RORIDA
By: ~
JA~ N. COLETTA, CHAIRMAN
-'"
-Page 4-
EXHIBIT "A"
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