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Resolution 2003-335 lOB RESOLUTION NO. 2003 ..l.15.. A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS IN PROPERTY REQUIRED FOR THE CONSTRUCTION OF STORMWATER RETENTION AND TREATMENT PONDS REQUIRED FOR THE CONSTRUCTION OF SIX-LANE IMPROVEMENTS TO COLLIER BOULEVARD (CR-951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 37, PROJECT NO. 65061). WHEREAS, the Board of County Commissioners (Board), on November 19, 2002, adopted Ordinance No. 2002-60 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 Comprehensive Plan was adopted in Ordinance No. 2002-60; and WHEREAS, the six-lane section of Collier Boulevard from Golden Gate Boulevard to Immokalee Road (Project No. 65061) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the location for the construction of storm water retention and treatment ponds for the Collier Boulevard six-lane improvement project has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate locations for the construction of stormwater retention and treatment ponds, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of storm water retention and treatment ponds for the Collier Boulevard six-lane improvement project (hereinafter referred to as "the Ponds") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Ponds as an integral part of the Collier Boulevard six-lane improvement project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Ponds, and the costs associated with the design, property rights acquisition, and construction of the Ponds, as well as public safety and welfare considerations associated with the design and construction of the Ponds, and various impacts to the environment, and the Board finds that after consideration of these -! lOB .. f issues, the most feasible locations for construction of the Ponds is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Ponds as designed, it is necessary for the Board to acquire a fee simple interest in that certain property described in Exhibit "A." AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, a fee simple interest in that certain property described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this at.3~ day Of~~ and majority vote,' . , ""'''''''\ .... "'~"'" ~ ~.~ _-.- -:.0' "'''iJt;,1> 1'111 . -f.''\ . . ' . .. . -,. A TI:ES:...: '. " . . , '. ".f~\. I, myrqlti ~;~('JCK, 'q$itJ< , ~-'.:.' -",', t' ,....;1 . (:.~ ~~~j.~~. ':tt2~ ~. '~'~U.it: ri :q:.~ -, "S ~ . t - ~ ...., . '. -.!fl" , .'. .' APprov,e~~~{o~~",>' ':02:\V~A'~ Ellen T. Chadwell Assistant County Attorney , 2003, after motion, second BOARDrFCO YC OF COLLIE OUNT By: TOM HENNING, CHAIRMAN Page 2 '10 TRACT 114 FEE SIMPLE INTEREST ~ N, F")O Co~ NO bF") o Z TRACT 115 k1 TRACT 116 FEE SIMPle INTEREST NOTES: DESCRIPTION: I I h o I ~ I "0 o - '-" ...J < z < u L!1 en L!1 en ~ u a:; u L--. 1. This is not a survey. 2. Basis of bearing is the West line of County Road 95' (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. A portion of Tract 115 of Golden Gate Estates Unit No.2, as recorded in Plat Book 4 Pages 75 and 76 of the Public Records of Collier County, Florida, being more particularly described as follows: BEGINNING at the Southeasterly corner of said Tract 115; thence South 89'31'28" West, along the southerly line of said Tract 115, for 0 distance of 469.85 feet; thence North 08'59'3'" East, for 0 distance of 304.14 feet. to a point on the southerly line of the right-of-way easement for 3rd Avenue North os depicted on said plat; thence North 00'28'32" West, for 0 distance of 30.00 feet to 0 point on the North line of said Tract 1 15; thence North 89'31 '28" East. along the northerly line of said Tract 115. for 0 distance of 419.82 feet. to the Northeast corner of said Tract 115; thence South 00'28'32" East, along the easterly line of said Tract 115. for a distance of 330.DO feet to the POINT OF BEGINNING. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Paint of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. Containing 3.353 acres, more or less. + N cr -q -0, (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 EXHIBIT A '.- o Z& 50 100 GRAPHIC SCALE ""OoJECT NO.. 65061 """ctI. NO. . 110 Wil.Millei-'~W- -.s-..ISoaoI'llI'*. ___.' ~_ '~QnlAwfI 1IIoorMor, he::. ... .I'lrl..... _. _, r... -....,"'-......'...--.--,""-.--- Sep OS, 2003 - 10:07:47 IolLAMU~EIX:\SU~\NeO'5\i5hd100.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKITCH de DESCRIPTION PROJECT NO.: N6015-005-000 I 200 me NO.: 2L-812 1 ~.... .. .'''' TRACT 106 I FEEISIMPlE '1REST n o ~ TRACT 107 7TH AVE. N.W. (100' R.O.W.) -t- "0 o ~ '-" ~ () LO Ol ~ u L....: - LO Ol ~ U ~I I TRACT 108 GOLDEN GATE ESTATES UNIT NO. 2 DESCRIPTION: FEE SIMPLE INTEREST NOTES: A portion of Tract 107 of Golden Gate Estates Unit No.2, os recorded in Plot Book 4 at Pages 75 and 76 of the Public Records of Collier County, Florida, being more particulorly described os follows: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. BEGINNING at the Southeasterly corner of said Tract 107; thence South 89'31'28" West, along the South line of said Tract 107, for a distance of 380.00 feet; thence North 08'59'12" East, for a distance of 304.14 feet, to a point on the South line of the 100 foot Road Easement of 7th Avenue N.W.; thence North 00'28'32" West, for 0 distance of 50.00 feet, to a point on the northerly line of said Tract 107; thence North 89'31'28" East, along said northerly line of Tract 107. for a distance of 330.00 feet, to the Northeast corner of said Tract 107; thence South 00'28'32" East, along the easterly line of said Tract 107, for a distance of 350.00 feet to the POINT OF BEGINNING. 3. Subject to easements, reservatians and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point af Cammencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U .E. represents Utility Easement. Containing 2.824 acres, more or less. LINE L84 BEARING NOO'28'32"W 4 N q-/6'C"} (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 EXHIBIT I A Z 01='5 ~ o 25 "0 100 GRAPHIC SCALE ] 200 REVISED PARCEL - 09 16 03 ."""ECT NO.' 65061 .,,"CD. NO. , 125 WiI.Miller.'~-- -'~'__'___'~_.~c:...-. IIIalIoIIII: tlc. ..."",....'_._.-- ...1IIIlr~..Il1I....__._ _'IlIr_.___ SIp Ie. 2003 - OV:42:17 ll\AMURE!X:\SUR\NlIOIS\VS1IdlDO.dwV COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKITCH '" DESCRIPnON 09/200;' PROJECT NO.: F1LE NO.1 N6015-oo5-000 2L -812 lOB '#fI NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 WATERWAYS JOINT VENTURE IV O.R. BOOK 2987, PAGES .3011-.3012 FEE SIMPlE INTEREST h 0 ~ I ci ~ I I ...J ,~ .. <( ::l Z o VI < ual~ C,) d3~ alU 10 lr 0 Ol LoJ r"l 0 i a:i c.: ~ SOUTH LINE OF DESCRIPTION: FEE SIMPLE INTEREST CARL M. ANO DANA NAGEL O.R.BOOK 2.340, PAGE .36.3 .0 o .- '-" P. .C. I East 1/4 Corner of Sec~ion .34, I Tawns~ip 48 South, Range 26 East A portion of the South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section .34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R Book .3069 pages 28.31-28.32, of the Official Records of Callier County, Florida being more particuarly described os follows: LO Ol ~ d L-I NOTES: Commencing at the East 1/4 Carner of Section .34, Township 48 South, Range 26 Eost: thence N 89'51 '.3.3" W along the South line of the Northeast 1/4 of said Section .34. a distance of 100.09 feet to its intersection with the westerly right-of-way line of County Rood 951 (COllier Boulevard) and the Point of Beginning: thence continue N 89'51 '33" W along said 1/4 section line a distance of 661.16 feet; thence N 02'15'04" W, a distance of 3.34.71 feet to a point on the Narth line of the South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 34; thence S 89'52'03" E. along said North line a distance of 661. 15 feet to its intersection with the westerly right-of-way line of County Road 951 (Collier Boulevard); Thence S 02'15'04" East, along said westerly right-of-way line. 0 distance of 3.34.81 feet to the Point of Beginning. ,. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'D4" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4, Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Paint of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. Containing 5.077 acres, mare or less. PROJECT NO.: 65061 PARea. NO. , 134- Wil.Mille'.'~"- -'~'~''''''''''''I.MollIooI>>_'~~ ~tlc. "'IlIl_'_._.r_ IIIllMrlftNtll>>.,..__.__,,,,,_.___ s.p 04, 2003 - lS:~:4S tolI.AMUREIX:\SUR\N80'S\8Shd100.dwg .... o 50 + N I '00 200 GRAPHIC SCALE I 40D ~~, ~ (FOR THE FIRM) FLORIDA LlC. NO. 5834 OJ -f-OJ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE ANO THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #4.3 j EXHIBIT A COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH de DESCRIPTION 09/200:J P~OJECT NO.: nLE NO.: N6015-005-000 2L-812 SCHOOL BOARD OF COLLIER COUNTY O.R. BOOK 1579 PAGES 589-590 1 --:-y--- 20' L.B.E. INDIGO LAKES UNIT ONE PLAT BOOK 34. PAGES ~-~ 1~:E. Tract "A" INDIGO LAKES DRIVE Tract _ S89'~8'OO.E ~O.2L 10' L.B.E. FEE SIMPlE INTEREST South line of the South of South 1/2 of North of Southeast 1/4 All R. GHAHRAMANI, M.D. O.R. BOOK 1422, PAGE 1906 FEE SIMPlE INTEREST DESCRIPTION: A portion of Section 27, Township 48 South, Range 26 East, Collier County. Florida. also being 0 portion of those lands described in O.R. Book 1422, Page 1906 of the Official Records of Collier County, Florida; being more particularly described os follows: BEGINNING at the Southeast corner of Tract "D-1, os shown on Indigo Lakes Unit One, os recorded in Plot Book 34, Pages 76-84 of the Public records of Collier County. Florida; thence South 02'15'33" East. along the West right-of-way line of County Rood 951 (C.R, 951). for 0 distance of 336.77 feet, to 0 point on the South line of the South 1/2 of the South 1/2 of the North 1/2 of the Southeast 1/4; thence North 89'49'14" West. along the South line of the South 1/2 of South 1/2 of the North 1/2 of the Southeast 1/4, for 0 distonce of 760.66 feet; thence North 11'16'59" East, for 0 distance of 341.52 feet; thence South 89'56'00" East, alang the North line of the South 1/2 of the South 1/2 of the North 1/2 of the Southeast 1/4, for 0 distance of 680.56 feet to the POINT OF BEGINNING. Containing 5.55 acres, more or less. q ~5'rJ J (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1143 EXHIBIT --A I REV. 1 REVISED PARCEL 09-04-03 PROJEer NO.. 65061 p,,"eEL NO. . 147 Wil"Mille'.'~U.- "'-t.e..,...~ ......,.,.,~_. ~~ 1IIIcltMIor, he> ...,."".....'_._.r... =...u.o....... '___.__,,..._, _ ..__ S.p 0., 2003 - 18;040:08 MI.AlIURE!X:\SUR\NS018\S81odl00.dw9 CUENT: Tm.L, . a . EXISTING I WEST ~ . ROW LINE '-...l ~ ~ I U ~ ~ \ ~ t) ~ NOTES; 1. This is nat a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N D2'15'3.3" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictians or record. 4. Easements shown herean ore per plot. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. ~ ~ o SO,OO 200 GRAPHIC SCALE '00 COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKITCH 4c DESCRIPTION PROJECT NO.: N6075-005-000 FlLE HO.: 2L-812 lOB .~ .,. FEe SIMPlE INTEREST I TRACT 6 PEBBLEBROOKE LAKES I P.B. 30, PAGES 4-12 I z o I'q (J1 c; ... :l N o Vl <:> o. FEE SIMPle INTEREST w (fJro <LCl II CLr-- (fJLCl W(fJ ~W ::50 < WCL ~ . OF") 0'" CY . COco W . ...JCL en en W CL DESCRIPTION: A portion of Tract 6, Pebblebrooke Lakes, according to the Plot thereof, os recorded in Plot Book 30, Pages 4-12 of the Public Records of Collier County, Florida; being more particularly described os follows: BEGINNING at the Southeasterly corner of said Tract 6: thence South 87'45'01. West, along the South line of said Tract 6, for a distance of 370.00 feet: thence North 02'15'31. West, for 0 distance of 203.00 feet; thence North 87'45'01" East, for a distance of 370.00 feet, to a point an the Easterly line of said Tract 6; thence South 02'15'31" East, alang the Easterly line of said Tract 6, for a distance of 2D3.00 feet to the POINT OF BEGINNING. Containing 1.724 acres, more or less. DAVID J. HYA FLORIDA L1C. q - 5 -0 J (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIOA LICENSED SURVEYOR AND MAPPER. l CERTIFICATE OF AUTHORIZATION LB #43 I PIlOJ(CT NO.: 65061 PAlIC[L NO. . 153 Wil.Miller'--~W- _.~,-- ...........'~- '~ClMIwIIo ~,hc. .'IlrIItn'_'_.r_ -_Woo"'. .____ .__.,.._, ___ So~ 04, 2003 - 15:40:08 "'l.Al/URE\X:\SUR\NeD15\V51odloo.dwV (/) o I'q U'!. Vl ... . ('T1 ....... ~ I] 0 ci '0 I ~ ~~ IDCO 0 ~ Ow ~ '-" CY ~0 << - ...J (/)0- LCl < W OJ Z ZF") a; 5 <i:gJ CY u - CY p:1 l{) oci OJ ...J . 0 ~ u lJ EXHIBIT A LOT 66 I u I- LOT 65 F") u < I a::: ID I- -- I- U < LOT 64 a::: I- NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'31" W, Florida State Plane Coordinates NAD 83/9D, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. + N 1- o 2S -'0 100 GRAPHIC SCALE I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &: DESCRIPTION PROJECT NO.: FlLf NO.: N6015-0D5-000 2L-812 16) f if ::I II II II n :lD i ,'- I @ .~I I . I i ,... o c::o nii'-;';-ij-f--1- 'J U" ~ i frHlili t. ", _ ~ a;H1l1l . ~ " t li-,',',iHh-r- . 'J HI" ~ - era;,i I . ", N ~ ci;e;ll .~", -- ------------. -- ~ --- I' rr IJI ,I H '.! I' II III 'J If', ~ : Ii .Ii ; I .~", I' II In :1 H '.! ; -11--r-iWih-r- I :1 H " ~ ! e r i. ~ I i ! i."'.] I __:_n:L~~_:__lm