Resolution 2007-214
RESOLUTION NO. 2007. 214
A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION, IF
NECESSARY, OF THE FEE SIMPLE INTEREST IN CERTAIN TRACTS OF LAND
IN GOLDEN GATE ESTATES NECESSARY FOR THE CONSTRUCTION OF
STORMWATER RETENTION AND TREATMENT PONDS REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM WEST OF WILSON
BOULEV ARD TO DESOTO BOULEVARD. (PROJECT NO. 60040.)
WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted
Ordinance No. 2005-25 therein establishing the Capital Improvement Element of the Growth
Management Plan in order to establish priorities for the design, acquisition and construction of
the various capital improvement projects; and
WHEREAS, the Transportation Element of the County's Comprehensive Plan was
adopted in Ordinance No. 2005-25; and
WHEREAS, the expansion of Golden Gate Boulevard from west of Wilson Boulevard to
DeSoto Boulevard (Project No. 60040) is one of the capital improvement projects required under
the Transportation Element of the County's Comprehensive Plan; and
WHEREAS, the location for the construction of the proposed improvements has been
fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of the 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 expansion of Golden Gate Boulevard from west of Wilson Boulevard to DeSoto
Boulevard, Project No. 60040 (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 an integral 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 long
range planning, and the Board finds that after consideration of these issues, the most feasible
locations for construction of the proposed improvements is collectively represented by the legal
descriptions comprising Exhibit "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it
is necessary for the Board to acquire in fee simple the stormwater retention and treatment pond
sites described in Exhibit "A".
AND IT IS FURTHER RESOLVED that all property acquired pursuant to this
Resolution 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 "A," attached hereto and incorporated herein.
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.
4 -. L'
This Resolution, adopted on this '1 Tit day of .J '-{ Y
,2007, after motion,
second and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
~7hwU~
BOARD OF COUNTY COMMISSIONERS
OF COLLIERS9UNTY, LO IDA
By:
Approved as to form and
legal sufficiency:
I .
~ A"~ r t--
Heidi F. Ashton
Assistant County Attorney
.-I
-Page 2-
EXHIBIT A
GOLDEN GATE BOULEVARD POND SITE PARCELS
ALL INTERESTS TO BE ACQUIRED IN FEE SIMPLE
Parcel No. Legal Description:
PSP1W1 The East 165 feet of Tract 18, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37221200005.
PSP1 W2 The West 180 feet of Tract 19, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37221280009.
PSP1 E1 The West 150 feet of Tract 130, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 3722876000.
PSP1 E2 The East 200 feet of Tract 130, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228720009.
PSP2W1 The East 180 feet of Tract 57, Golden Gate Estates Unit No. 48, according to
the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of
Collier County, Florida. Folio No. 39204000000.
PSP2W2 The West 150 feet of Tract 57, Golden Gate Estates Unit No. 48, according to
the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of
Collier County, Florida. Folio No. 39204040002.
PSP2E1 The North 350 feet of Tract 127, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228540001.
PSP2E2 The South 330 feet of Tract 127, Golden Gate Estates Unit No. 13, according
to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228520005.
PSP3W 1 The West 180 feet of Tract 153, Golden Gate Estates Unit No. 51, according to
the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of
Collier County, Florida. Folio No. 39394600006.
PSP3W2 The West 75 feet of the East 150 feet of Tract 153, Golden Gate Estates Unit
No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of
the public records of Collier County, Florida. Folio No. 39394680000.
PSP3W3 The East 75 feet of Tract 153, Golden Gate Estates Unit No. 51 , according to
the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of
Collier County, Florida. Folio No. 39394640008.
PSP3E Tract 63, Golden Gate Estates Unit No. 80, according to the plate thereof, as
recorded in Plat Book 5, Page 18, of the public records of Collier County,
Florida. Folio No. 40866000000.
PSP4 Tract 19, Golden Gate Estates Unit No. 78, according to the plate thereof, as
recorded in Plat Book 5, Page 16, of the public records of Collier County,
Florida. Folio No. 40741080006