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Resolution 2005-343 RESOLUTION NO. 3<13 A RESOLUTION INITIATING FLORIDA STATUTES, CHAPTER 164 CONFLICT NEGOTIATION PROCEEDINGS WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA WHEREAS, it is the intention of Collier County to initiate the conflict resolution proceedings provided by Chapter 164, FS.. and WHEREAS, Bernard J. and Helen R. Nobel and Vincent D. Doerr, property owners, have filed suit against Collier County in Bernard J. and Helen R. Nobel and Vincent D. Doerr v. Collier County and Collier County v. South Florida Water Management District and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in Case No. 05-0064-CA for inverse condemnation resulting from actions taken by Collier County in conjunction with an agreement with the South Florida Water Management District, (SFWMD) and The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, (TRUST), and WHEREAS, on September 24,2003, Pamela MacKie appeared before the Collier County Board of County Commissioners on behalf of the SFWMD and requested among other things, the vacation of certain streets in Southern Golden Gate Estates area; and WHEREAS, as a result of the aforementioned requests, Collier County agreed to enter in an interlocal agreement with SFWMD and the TRUST, to vacate certain roadways; and WHEREAS, after said vacation, the above-referenced lawsuit was filed against the County and in response, the County filed a third-party complaint against the SFWMD and the TRUST; and WHEREAS, after the filing of the suit, both the SFWMD and the TRUST requested the institution of Chapter 164, F S. intergovernmental negotiations; and WHEREAS, all parties to Case No. 05-0064-CA, including the Plaintiffs, agreed to these proceedings, and WHEREAS, under the aforementioned agreement, the SFWMD was to convey 640 suitable aces of land to the County on or before October 1, 2005; however, the land designated by the SFWMD may have environmental problems, and NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, to initiate, pursuant to F.S., Chapter 164, proceedings to resolve the following: i _.._~, ... ..... .'~~.---""..<,,. ,- <" ..,_.O."'..._.....'"...'_~__.,;_,rl"..--~,."~.,~,,~,,.,..=_"=__~__'_."_~_._~ 1. conflicts pertaining to the County's claims and the inverse condemnation claims of the Plaintiffs in Case No. 05-0064-CA; and 2. the conveyance of 640 suitable acres to the County pursuant to the aforementioned Agreement between the County, the SFWMD and the TRUST. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2L day of S ~fT eho-Pt: It- . J ~ 0 ~ ATTEST: ,\ ' . (:.'1 {,t;~l': BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA .--- . t(' By: '1uJ-w~ Attest as w. ChI 1 nIan . s FRED W. COYLE, CHA AN s fQ~'atur~ 0'" 11 , / ~i . , . ~J)Al I ~_.,_.- _._--,----_._._-~.__._.~