Resolution 2008-064
RESOLUTION NO. 2008. 64
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE
OF LANDS NECESSARY FOR THE CONSTRUCTION OF STORMWATER
RETENTION AND TREATMENT PONDS REQUIRED FOR THE EXPANSION OF
RANDALL BOULEVARD FROM IMMOKALEE ROAD TO DESOTO
BOULEVARD (PROJECT NO. 60065.)
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 Growth Management Plan was
adopted in Ordinance No. 2005-25; and
WHEREAS, the expansion of Randall Boulevard from Immokalee Road to DeSoto
Boulevard (Project No. 60065) is one of the capital improvement projects required under the
Transportation Element of the County's Growth Management Plan; and
WHEREAS, the acquisition and construction of storm water retention and treatment
ponds along the project corridor, in the locations collectively depicted in Exhibit "A" 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.
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 Randall Boulevard from Immokalee
Road to DeSoto Boulevard, Project No. 60065 (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 Growth Management Plan,
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 the
acquisition of stormwaler retention and treatment pond sites in fee simple in the locations
collectively depicted in Exhibit "A" 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 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 opinion between real estate appraisers as to property owner
compensation estimates, and the cost of condemnation, the Board hereby authorizes the County
Manager or his designee to approve stormwater retention and treatment pond site purchases up to
the lesser of twenty five percent (25%), or fifty thousand dollars ($50,000), above Collier
County's appraiser's estimate of full compensation to the property owner. Such purchase
approvals are hereinafter referred to as "Administrative Settlements." Each and every proposed
settlement over twenty-five percent (25%), or over fifty thousand dollars ($50,000), above
Collier County's appraiser's estimate of full compensation to the property owner 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 Purchase Agreements for stormwater 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 any 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" 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 stormwater retention and treatment sites, in those amounts as shall be
specified on a Closing Statement.
-Page 2-
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.
This Resolution, adopted on this II Tit day of ;l{ if ~ C H
,2008, after motion,
second and majority vote.
ATTEST:
DWIGHT E.
BOARD OF COUNTY COMMISSIONERS
OF COLLr:YOUNT LORID~
By: ~
TOM HE . NING,
A It "~~t"
S 1 Q1I.tu..t 001'.-"
Approved as to form and
legal sufficiency:
LCLz ~J (" L4.~~
Assistant County Attorney
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