Authorizing Resolution 2010-83
RESOLUTION NO. 2010- 83
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
DRAINAGE EASEMENTS AND DRAINAGE, ACCESS AND MAINTENANCE
EASEMENTS NECESSARY FOR THE CONSTRUCTION OF A REPLACEMENT
BRIDGE ON WHITE BOULEVARD AND A NEW BRIDGE ON 23RD STREET SW,
BOTH OVER THE GOLDEN GATE MAIN CANAL, TOGETHER WITH RELATED
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS, FOR THE
ACCELERATED BRIDGE CONSTRUCTION PILOT PROJECT, BEING PART OF
THE TRANSPORTATION BRIDGE PROGRAM. (PROJECT NO. 66066.)
WHEREAS, the acquisition of drainage easements and drainage, access and maintenance
easements for the construction of a replacement bridge on White Boulevard and a new bridge on 23'd
Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and utility
improvements for the Accelerated Bridge Construction Pilot Project (hereinafter referred to as "the
Project"), being part of the Transportation Bridge Program (Project No. 66066), is included in Collier
County's Five Year Transportation Work Program; and
WHEREAS, plans and specifications have been prepared for the construction of the Project; and
WHEREAS, the construction of a replacement bridge on White Boulevard and a new bridge on
23'd Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and
utility improvements, as depicted in Exhibit "A", attached hereto and incorporated herein, is necessary
in order to protect the health, safety and welfare of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board has determined that the construction of a replacement bridge on White Boulevard and
a new bridge on 23'd Street SW, both over the Golden Gate Main Canal, together with related roadway,
drainage and utility improvements, for the Accelerated Bridge Construction Pilot Project, being part of
the Transportation Bridge Program (Project No. 66066), 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 acquisition of drainage easements and drainage, access and maintenance easements for the
construction of the Project is an integral part of the County's long range planning effort, and is included
in the Capital Improvement Element of the Collier County 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 drainage easements and drainage, access and maintenance easements necessary for the construction of
a replacement bridge on White Boulevard and a ncw bridge on 23rd Street SW, both over the Golden
Gate Main Canal, together with related roadway, drainage and utility improvements, within the Project
corridor identified on Exhibit "A" (attached hereto and by reference made a part hereof), and the County
Manager or his designee is hereby authorized and directed to acquire said easements by either gift or
purchase.
4. The Board hereby directs the County Managcr or his designee to use either independent appraisal
reports or "in-house" appraisals as the basis for making purchase offers to property owners.
5. In view of the differences of opinions between real estate appraisers regarding full compensation
to property owners, and in view of the cost of condemnation, the Board hereby authorizes the County
Manager or his designee to approve purchases of drainage easements and drainage, access and
maintenance easements where the property owner has agreed to sell to the County at, or up to twenty
five percent (25%) above the 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, and to approve and to execute Closing Statements on behalf of the County. Such
purchase approvals are hereinafter referred to as "Administrative Settlements." Each and every
proposed settlement over one hundred and twenty-five percent (125%) of, or over $50,000 above, the
County's estimate of full compensation (whichever is less) 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
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execute drainage easement and drainage, access and maintenance easement agreements, utility
subordination and relocation agreements, and/or other documents approved by the Office of the County
Attorney to close real estate transactions, where the property owner has agreed to sell to the County at
appraised value, or within the Administrative Settlement provisions of Paragraph 5 (above).
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. The Board hereby authorizes the Finance Department to issue warrants, and/or to make wire
transfers, payable to the property owner(s) of record, to title companies and attorneys closing real estate
transactions, and to others who may possess an equitable interest in the subject real property parcels in
those amounts as shall be specified on a Closing Statement.
9. All title to real property which has been acquired 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, drainage easements, drainage, access and maintenance
easements and other instruments as may be required to remove, release or subordinate the lien of any
encumbrance, in order to effect constructive notice of the County's interest in real property.
This Resolution, adopted on this 17 r II day of
1\f!.ccL
, 2010, after motion, second
and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
~~\t~
B.tt u to eN I .. . .
S1g1\1tllf"t 00..
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: it..t C') r" ,\!L,
FRED W. COYLE, CHAIRMAN
Approved as to form and
~>~//1
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Assistant County Attorney
-Page 3-
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