Resolution 2007-089
RESOLUTION NO. 2007-!!fL
A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE INTERESTS
AND PERPETUAL, NON-EXCLUSIVE EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FOR THE PURPOSE OF CONSTRUCTING
STORMWATER IMPROVEMENTS KNOWN AS PHASE ONE OF THE LELY AREA
STORM WATER IMPROVEMENT PROJECT LOCATED IN EAST NAPLES (CAPITAL
IMPROVEMENT ELEMENT NO. 291, PROJECT NO. 511012).
WHEREAS, the Board of County Commissioners desires to improve the treatment and
control of stormwater in the East Naples Area in order to alleviate flooding; and
WHEREAS, the Lely Area Stormwater Improvement Project consists of improvements to an
existing drainage system for an II, I 00 acre plus or minus area located in East Naples; and
WHEREAS, the drainage improvements as part of the Lely Area Stormwater Improvement
Project include the widening and deepening of existing canals and ditches, constructing new
canals, constructing new surface water control structures (weirs), improving existing surface water
control structures, constructing spreader lakes and berms, constructing a lime rock access road and
installing fencing at the County's discretion, and constructing a pump station; and
WHEREAS, the Lely Area Stormwater Improvement Project (Cm Project No. 291) is in
accordance with both the Capital Improvement Element and Drainage Sub-element of the Growth
Management Plan; and
WHEREAS, the real estate interests necessary for construction of the proposed
improvements are collectively represented by the legal descriptions comprising Exhibit n An
attached hereto and incorporated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, 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 the 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 it is necessary and in the public's best interest to acquire the property described in
Exhibit "A" (the "Property") for the purpose of constructing the improvements proposed as part of
the Lely Area Stormwater Improvement Project located in East Naples, and for providing access
to the improvements, in order to protect the health, safety and welfare of the citizens of Collier
County.
AND IT IS FURTHER RESOLVED that acquisition of the Property and construction upon
the Property is part of the County's long range planning effort to alleviate flooding in the East
Naples area.
AND IT IS FURTHER RESOLVED that the Board has reviewed the staff reports
concerning alternative locations for the project, various impacts to the environment, public safety
and welfare considerations associated with the design and construction of the 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, the most feasible location for construction of
the proposed improvements is collectively represented by the legal descriptions comprising
Exhibit nAn attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that the real estate interests described in Exhibit "A"
attached hereto and incorporated herein are necessary for the construction of the Lely Area
Stormwater Improvement Project.
AND IT IS FURTHER RESOLVED that all of the Property shall be put to public purposes.
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, the above-referenced real property interests more
particularly described in Exhibit nAn, attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the Property and
therefore it will not be necessary to remove any mobile homes from the Property to be acquired.
This Resolution, adopted on this lOth day of --.1\()f l ,2007, after motion,
second and majority vote supersedes and replaces Resolution No. 2006-285.
ATTEST:
DWIGHT E. BROCK, Clerk
f,'
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~.~~~, ~"OL-
~ I qnatuf'! on 1 .
Approved as to. form and
ri:i'"7 J,---
eidi F. A~hton
Assistant County Attorney
By:
Condemnation Resolution
Page 2