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Resolution 2004-088 IOC RESOLUTION NO. 2004-....8..ll- A RESOLUTION AUTHORIZING THE FEE SIMPLE ACQUISITION OF PROPERTIES BY CONDEMNATION FOR THE PURPOSE OF CONSTRUCTING STORMWATER IMPROVEMENTS TO ALLEVIATE FLOODING IN THE AREA KNOWN AS THE GA TEW A Y TRIANGLE. WHEREAS, the Board of County Commissioners, during a workshop on June 26, 2003, reitereated their support for the project undertaken by the County's Stormwater Management Department approximately four years ago to correct the serious flooding and drainage problems that the South and East Naples areas including the Gateway Triangle were experiencing during heavy rains (hereinafter referred to as the "Project"); and WHEREAS, the Stormwater Management Department has worked diligently over the past four years to acquire properties within the area of the Project area to accommodate the installation of drainage pipes and catch basins, and to accommodate the construction of a retention area to further alleviate the flooding problems within the Gateway Triangle area; and WHEREAS, after consideration of the availability of alternate sites and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board has determined that it is necessary and in the best interest of public to exercise the County's power of eminent domain in order to acquire that certain property more particularly described as Lots 15, 16, 17, 18, 19 and 20, Naples Commercial Center, First Addition, according to the plat thereof recorded in Plat Book 8, Page 3, of the public records of Collier County, Florida (hereinafter collectively referred to as the "Property") 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 Project has been evaluated as part of the County's long range planning effort, that the County Staff and its consultants have extensively reviewed alternative locations for the Project, various impacts to the environment, public health, safety and welfare considerations associated with the design and construction ofthe project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, that construction of the Project is necessary and in the best interest of the public, and that the subject Property is the most feasible location for construction of the proposed improvements. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. Resolution For Condemnation {Page l} " ;J"O:;l C t"'!t ~ :,' : . ~'~~~J AND IT IS FURTHER RESOLVED that is necessary and in the best interest of the public. to exercise the County's power of eminent domain to condemn the Property, AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to file pleadings in eminent domain on behalf of Collier County, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. in order to condemn the subject Property. 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 _ day of ,2004, after motion, second and majority vote. ATTEST:.' ,;:,,;,,~ ~.\. ...;"1i.;1'1~"j.,, ", ,-::(/"~q,'O . C~f.'r:-(il"" , '.c' {" "......~. ~,.~CL.~ok.0. DWI- ~ (~~ROCr~~f~:K Attest ~-,~t~ ~-:%,., 1 " s1gAnurt<!?" 1.~,- /' By: DONNA Approved as to form and legal sufficiency: ~~J'/ A Heidi F. Ashton Assistant County Attomey -- Item # Jnc.. ~~~;da ~2~ 10"1 Date Rec'd ~24ID~ Resolution For Condemnation (Page 2)