Resolution 1995-242
16H 7
RBSOLUTIOH HO. 95-~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF "TEMPORARY
BEACH RESTORATION EASEMENTS" AND "TEMPORARY BEACH ACCESS
EASEMENTS" BY GIFT IN SUPPORT OF THE IMPROVEMENTS NECESSARY
FOR THE COMPLETION OF THE COLLIER COUNTY BEACH RESTORATION
PROJECT AND THE ASSOCIATED MANAGEMENT PLAN.
WHEREAS, the Board of County Commissioners, on May 24, 1994
approved a Professional Services Agreement with Coastal Engineering
Consultants, Inc. to provide professional engineering services
necessary for the completion of the Collier County Beach Restoration
and Management Plan; and
WHEREAS, the criteria for design and construction of the Collier
county Beach Restoration and Management Plan provides for compliance
with provisions in the Coastal Zone Element of the Growth Management
Plan; and
WHEREAS, the beach renourishment improvements shall affect the
majority of the Gulf shoreline commencing at Vanderbilt Beach located
in Section 20, Township 48 south, Range 25 East, and proceed south
along the Gulf-front beaches of Park Shore and the City of Naples to
terminate approximately 1,320 feet south of 18th Avenue South located
in Section 16, Township 50 South, Range 25 East (hereinafter referred
to as the "project"); and
WHEREAS, the restoration project will be extending the width of
the upland beach area, by collecting clean beach sand from offshore
areas and placing it along the Shoreline; and
WHEREAS, the majority of the Project's construction will occur on
land owned by the State of Florida (seaward of the mean high water
line); however, the land located above the mean high water line is
owned by individual beach front property owners; and
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16H 7
WHEREAS, in order to ensure the placement of sand landward of the
mean high water line, the Collier county Office of capital Projects
Management Department requires the conveyance from the individual
beachfront property owners of "Temporary Beach Access Easements" for
the operation and maintenance of access roads and "Temporary Beach
Restoration Easements" to cover only the areas which are seaward of
existing seawalls, revetments or beach vegetation line to allow the
County's contractor to place sand on the area between the mean high
water line and the seawalls, revetments or vegetation lines; and
WHEREAS, the Board of county Commissioners recognizes that the
expeditious acquisition of the required "Temporary Beach Restoration
Easements" which shall terminate on December 31, 2005 and the
"Temporary Beach Access Easements" which shall terminate on May 1, 1997
are of importance to utilize the easement areas for enlarging and
maintaining the beach and shoreline by filling with compatible sand,
planting and maintaining native dune vegetation, and removing
obstructions within the limits of the easements to enhance the
recreational and aesthetic characteristics of the beach, as well as to
providing additional erosion and storm surge protection for the
beach front residences, condominiums and hotels; and
WHEREAS, the Board of County commissioners recognizes the
mutual beneficial results of a renourished beach and anticipates the
construction to begin in the Fall of 1995; however, in the event that a
beachfront property owner does not timely donate the required
"Temporary Beach Restoration Easements", there will be no placement of
sand on privately-owned properties which have not been donated to
Collier County for the Collier County Beach Restoration Project; and
-Page 2-
16H 7
WHEREAS, the Board of County Commissioners authorizes the
utilization of County-owned and/or maintained beach access points to
afford ingress and egress of equipment and supplies necessary for the
construction and the maintenance of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The beach restoration and maintenance improvements, which include,
but are not limited to, the operation and maintenance of access roads,
the enlargement and maintenance of the beach and shoreline by filling
with compatible sand, the planting and the maintenance of native
vegetation, the storage and removal of equipment and supplies, and the
erection and removal of temporary structures necessary and incident to
the construction of the Project, as identified in Exhibit "A", attached
hereto and incorporated herein, located along the Gulf-front beaches
between Vanderbilt Beach and 1,320 feet south of 18th Avenue South.
2. The Board of County Commissioners recognizes the importances of
the land rights acquisition function and its relationship to the
overall project schedule; and the Board desires Staff to facilitate and
expedite the land rights acquisition process.
3. Staff is hereby authorized to acquire "Temporary Beach Restoration
Easements" and "Temporary Beach Access Easements" from the affected
property owners by gift only.
-Page 3-
16H 7
4. The Board of county Commissioners 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, for any purpose as required for the acquisition of the
easements or any other documents necessary for the completion of the
Project.
5. All title to "Temporary Beach Restoration Easements" and
"Temporary Beach Access Easements" obtained in the manner described
above shall be deemed "accepted" by the Board of County Commissioners,
the governing body of Collier County, Florida, a political subdivision
of the State of Florida, and staff is hereby authorized to record in
the Public Records of Collier County, Florida, said "Temporary Beach
Restoration Easements" and "Temporary Beach Access Easements" and such
other instruments as may be required for the acquisition of the
easements and to perform any other work necessary and incident to the
construction of the Collier County Beach Restoration project.
6. The Board of County Commissioners hereby authorizes the
utilization of County-owned and/or maintained beach access points to
afford ingress and egress of equipment and supplies necessary to the
construction and the maintenance of the Project.
7. The Board of County Commissioners directs Staff not to place sand
on privately-owned properties in the event the property owner(s) do not
timely donate the "Temporary Beach Restoration Easements" to Collier
County necessary for the completion of the Collier County Beach
Restoration Project.
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16H 7
THIS RESOLUTION ADOPTED after motion, second and majority vote.
,D,ATED:,;: I ~~v4ff'"
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Approved as to '"form and
legal sufficiency:
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He d Ashton -
Assistant County Attorney
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