Resolution 1994-346
RESOLUTION NO. 94- 346
A RESOLUTION APPROVING A SETTLEMENT AGREE-
KENT AND STIPULATION FOR EMINENT DOMAIN
CASE NO. 92-4315-CA-01-TB RELATING TO THE
POINT MARCO PARKING LOT.
!lAY 10, 1994
WHEREAS, the Board ot County Commissioners in 1981 adopted
POD Ordinance No. 81-25, as amended, approving the Point Marco
POD; and
WHEREAS, the Board in 1991 adopted Ordinance No. 91-42,
amending the Point Marco POD, which contained certain obliga-
tions ot the developer regarding improvements to Parcel II ot
the POD Master Plan relating to a parking lot to be deeded by
the developer to the Marco Island civic Association (MICA); and
WHEREAS, in 1985 the Board accepted a special warranty
deed conveying a twenty toot wide public beach access to
Collier County, with a reversionary interest to the developer,
located at the immediate northern boundary ot the Point Marco
POD; and
WHEREAS, the Board adopted Resolution No. 92-645 on
December 1, 1992, authorizing the County statt to acquire by
gitt, purchase or condemnation Lot 1, Block 340, Marco Beach
Unit 10 (also known as Parcel II ot the Point Marco POO) tor
the purpose and use as a public parking lot, and also to remove
all reversionary rights tor ths twenty toot wide public beach
access as set torth in the special warranty deed recorded in
O.R. Book 1163, Page 1358, Otticial Records ot Collier County,
Florida; and
WHEREAS, pursuant to Board direction, the County
Attorney's ottice tiled an eminent domain case to condemn such
property rights, said case styled as Collier County v. Point
Marco Development Corporation, et al., Case No. 92-4315-CA-
01-TB; and
WHEREAS, the County Attorney's ottice and the Board ot
county Commissioners have been involved in negotiations to
settle said eminent domain case; and
WHEREAS, the Board ot County Commissioners atter tull
consideration and public hearing has deemed it appropriate and
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!lAY 10, 1994
in the best interests ot the citizens ot Collier County to
approve the attached settlement agreement and stipulation which
will tora the basis tor a stipulated tinal judgment in eminent
domain Case No. 92-4315-CA-01-TB; and
WHEREAS, the Board ot County Commissioners recognizes a
signiticant savings that will occur as a result ot the Board's
negotiations and the approval ot the attached settlement agree-
aent and stipulation; and
WHEREAS, the Board wishes to again evidence its commitment
to public beach parking and public beach access in unincorpo-
rated Collier County and to hereby evidence its commitment to
use all or part ot the tunds saved by this negotiated settle-
.ent tor purposes ot public beach parking and public beach
access.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The settlement agreement and stipulation (tor pur-
poses ot stipulated tinal judgment in Case No. 92-4315-CA-
01-TB), attached hereto is hereby approved.
2. The Chairman ot the Board ot County Commissioners is
hereby authorized to sign all documents relating to the settle-
.ent agreement and stipulation and is hereby authorized to sign
and accept on behalt ot the Board all documents necessary tor
the completion ot the terms and provisions ot the settlement
agreement and stipUlation or to complete property conveyances
contemplated therein.
3. The Board ot County Commissioner hereby again
evidences its commitment to provide tunding tor public beach
parking and public beach access in unincorporated Collier
County and hereby commits to use all or part ot the monies
saved by Collier County through the negotiations and final
settlement agreement and stipulation, as opposed to continua-
tion ot the eminent domain lawsuit, said tunds currently
undetermined in amount. Upon due consideration and turther
intormation trom statt as to costs ot construction of the
!lAY 10, 1994
parking lot and the estimated amount ot savings, the Board will
address the use ot all or part ot such tunds saved tor the
purpose of public beach parking and public beach access.
This Resolution adopted after motion, second and majority
vote favoring same.
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_ ATTEST: . _.
:: WIGHT E~. BROCK., Clerk
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Approved as to fora and
legal sufficiency:
~ei~~.frL=
Kenne B. CUy e
County Attorney
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ONERS
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