Resolution 2007-306
RESOLUTION NO. 2007. 106
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE
OF RIGHT-OF-WAY AND RELATED EASEMENTS NECESSARY FOR THE
CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM
WEST OF WILSON BOULEVARD TO EAST OF EVERGLADES BOULEVARD
(PHASE ONE PROJECT LIMITS), AND AUTHORIZING THE ACQUISITION OF
LANDS NECESSARY FOR THE CONSTRUCTION OF STORMWATER
RETENTION AND TREATMENT PONDS FOR BOTH PHASES ONE AND TWO
(FROM WEST OF WILSON BOULEVARD TO EAST OF 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 expansion of Golden Gate Boulevard from two lanes to four lanes (and
ultimately six lanes) from west of Wilson Boulevard to East of Everglades Boulevard, the "Phase
One" limits of the project corridor, as depicted in Exhibit "A" attached hereto and incorporated
herein, and the acquisition and construction of stormwater retention and treatment ponds along
Phases One and Two of the project corridor, in the locations collectively represented by the legal
descriptions depicted in Exhibit "B" attached hereto and incorporated herein, are necessary in
order to protect the health, safety and welfare of the citizens of Collier County, and will assist
Collier County in meeting certain concurrency requirements of the Growth Management Plan for
Collier County.
WHEREAS, on October 9,2007 the Board adopted Resolution No. 2007-292 authorizing
the acquisition of those fee simple and permanent and temporary easement interests necessary
for the expansion of Golden Gate Boulevard and for the construction of stormwater retention and
treatment ponds; and
WHEREAS, the Board desires to amend the delegations of authority in Resolution No.
2007-292.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined 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.
2. The 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.
3. It is necessary and in the best interest of Collier County for the Board to authorize he
acquisition of right-of-way in either fee simple, or as easements for roadway, drainage and/or
utility purposes, as well as temporary construction and driveway restoration easements, within
Phase One of the Project corridor, identified on Exhibit "A" (attached hereto by reference and
made a part hereof), and stormwater retention and treatment pond sites in fee simple within
Phases 1 and 2 of the Project corridor (the Phase Two limits of the project corridor are from East
of Everglades Boulevard to East of DeSoto Boulevard), in the locations collectively represented
by the legal descriptions depicted in Exhibit "B" attached hereto and incorporated herein, as best
suits the needs of the project; and the County Manager or his designee is hereby authorized and
directed to acquire said right-of-way and stormwater retention and treatment pond sites by either
gift or purchase.
4. The Board hereby directs the County Manager or his designee to make purchase offers to
property owners based upon appraisals prepared for Collier County by licensed real estate
appraisers.
5. In view of the differences of opinions between real estate appraisers as to property owner
compensation estimates, and in view of the cost of condemnation, the Board hereby authorizes
the County Manager or his designee to approve right-of-way, easement, and stormwater retention
and treatment pond site purchases where the property owner has agree\;! to sell the required land
rights to the County at, or up to twenty five percent (25%) above, Collier County's appraiser's
estimate of full compensation to the property owner, with the maximum approval authority not to
exceed $50,000 over the County's appraiser's estimate of full compensation. Such purchase
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approvals are hereinafter referred to as "Administrative Settlements." Each and every proposed
settlement over one hundred and twenty-five percent (125%) or over $50,000 above the County's
appraiser's estimate of full compensation shall require separate Board approval.
6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of
the Project, upon the approval of the Office of the County Attorney as to form and legal
sufficiency, to execute Easement Agreements and Purchase Agreements for right-of-way and/or
storm water retention and treatment pond sites, where the property owner has agreed to sell the
required land rights to the County at its appraised value, or within the Administrative Settlement
provisions of Paragraph 5 (above); 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 remove the lien of any encumbrance and for
an y such other purpose as may be required.
7. Said Administrative Settlement authority is delegated by the Board to the extent that such
delegation does not conflict with the provisions of Section 125.355, Florida Statutes.
8. Where the property owner agrees to convey a necessary interest in real property to the
County, through the execution of a "Purchase Agreement" or "Easement Agreement," and upon
the proper execution by the property owner of such legal instruments as the Office of the County
Attorney may require, the Board hereby authorizes the Finance Department to issue warrants,
and/or to make wire transfers, payable to the property owner(s) of record, and to others who may
possess an equitable interest in the subject right-of-way parcels or stormwater retention and
treatment sites, in those amounts as shall be specified on a Closing Statement.
9. All title to real property which has 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 subdivision of the State of Florida, and as such, staff is hereby
authorized to record in 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.
10. Resolution No. 2007-292 is hereby repealed in its entirety.
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This Resolution, adopted on this 2l-\ ~ay of oc.to6.r, 2007, after motion,
second and majority vote.
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ATTEST:
DWIGHT E. BROCK, CLERK
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By:
JA
COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
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D(A (- '. (10
Heidi F. Asthon-Cicko
Assistant County Attorney
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EXHIBIT B
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.
PSP1W2 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. 37228760001.
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.
PSP3W1 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