Resolution 2004-205
IDE
RESOLUTION NO. 2004 - 205
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF PROPERTY BY GIFT
OR PURCHASE IN FEE SIMPLE OR EASEMENT FOR THE PURPOSE OF
ASSEMBLING LAND TO FACILITATE IMPROVEMENTS TO CANALS AND
PROPERTIES IN THE EAST NAPLES AREA, SPECIFICALLY LOCATED WITHIN
THE LELY AREA STORMWATER IMPROVEMENT PROJECT.
WHEREAS, the Board of County Commissioners desires to improve the
treatment and control of stormwater in East Naples by constructing and improving
stonnwater detention areas and other stormwater improvements described in Exhibit "A".
WHEREAS, on February 4, 1992, the Board of County Commissioners accepted
a progress report outlining proposed capital improvements to be made in the Lely Canal
and Lely Manor Basins; and
WHEREAS, the Board of County Commissioners requested staff to prepare
approximate cost estimates for the acquisition of property in fee simple and easement
along with a Resolution to acquire the property by gift or purchase; and
WHEREAS, the proposed improvements are in accordance with the commitments
approved by the Department of Community Affairs in the Drainage / Water Management
Sub-element and the Capital Improvement Element of the Collier County Growth
Management Plan; and
WHEREAS, the Board of County Commissioners recognizes that the expeditious
acquisition of the required property in fee simple and easement is of paramount
importance to completing the Project on schedule, and attaining infrastructure goals in
accordance with the Capital Improvement Element of the County's Growth Management
Plan.
NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The acquisition of land and easements required for the installation and construction
of water management capital improvements within the boundaries of the Lely Area
Stormwater Improvement Project, to be completed in phases as identified in Exhibit "A",
attached hereto and incorporated herein, is necessary and in the best interests of the
citizens of Collier County, Florida.
2. The acquisition ofland and easements required for the installation and construction of
the facilities necessary to complete each phase will be determined once construction
plans are submitted and approved by the project engineers for the Lely Area Stormwater
Improvement Project.
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3. In those instances where property owners agree to donate or sell the required land
and/or easements to the County, and upon the proper execution by the property owner of
those deeds and/or easements and such other legal documents as the Office of County
Attorney may require, the Board of County Commissioners hereby authorizes its
Chairman to execute Donation Agreements and Purchase Agreements on behalf of the
Board, as well as any other documents pertinent to such land and/or easement acquisition
which have been approved by the Office of the County Attorney.
4. The Board hereby directs staff to use independent appraisal reports or internal
compensation estimates as staff determines is necessary to best serve the needs of the
Project in a timely and cost-effective manner.
5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes,
hereby formally waives the requirement for a formal, independent appraisal report for the
purchase of a property where the purchase price of the parcel (the compensation due to
the property owner) is less than One Hundred Thousand and 00/1 00 Dollars
($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to
make purchase offers for the properties, the dollar amounts of which shall be predicated
on "staff compensation estimates" based upon independent appraisals (and the data
therefrom) obtained on similar properties and upon consideration and application of
appropriate market value and cost data pertinent to the subject parcels.
6. Upon the approval by the County Attorney's Office of all documents necessary for the
subject property acquisition, Transportation Division staff is hereby directed to offer
immediate delivery to the respective property owners of compensation (as established by
the appraisal or staff compensation estimates in accordance with the provisions of Section
125.355, Florida Statutes), in return for the immediate and proper execution of the
respective easements, or other legal documents and/or affidavits as the County Attorney's
Office deems appropriate in order to protect the interests of the County; and the Board
hereby authorizes its present Chairman and any subsequent Chairman, for the life of the
Project, to execute any instruments which have been approved by the Office of the
County Attorney, to remove the lien of any encumbrance and for any such other purpose
as may be required.
7. In those instances where negotiated settlements may be obtained via the "Donation
Agreement," "Purchase Agreement" or "Easement Agreement" mechanism, the
Administrator of the Transportation Division, or any Project Manager of his designation,
is hereby del~gated the authority to approve the purchase of land interests above the staff
compensation estimate or appraised value and pay normally related costs when it is in the
best interest of the Project, within the pro-rata share of the land rights acquisition budget
for the parcel being acquired, only when the difference between the purchase price and
compensation estimate or appraised value is less than Twenty-Five Thousand and 00/100
Dollars ($25,000.00) or the current purchasing limits established by the Collier County
Purchasing Department; provided, Project funding is available.
IDE
8. That the settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
9. The Chairman of the Board is hereby authorized to execute Easement Agreements and
Purchase Agreements where the land owner has agreed to sell the required land rights to
the County at its appraised value or at that amount considered the "Administrative
Settlement Amount" as such term is internally used by the administrative agencies of
Collier County.
10. Where the property owner agrees, through the execution of a "Purchase Agreement"
or "Easement Agreement," to convey a necessary interest in real property to the County,
and upon the proper execution by the property owner of those easements or such other
legal documents as the Office of the County Attorney may require, the Board hereby
authorizes the Finance Department to issue warrants, payable to the property owner(s) of
record, in those amounts as shall be specified on a closing statement and which shall be
based upon the appraisal or staff compensation estimate in accordance with this
Resolution and the provisions of Section 125.355, Florida Statutes.
11. All title to properties or interests in properties which have been obtained 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, deeds, easements or other instruments as may be
required to remove the lien of any encumbrance from the acquired properties.
THIS RESOLUTION ADOPTED on this 8+1) day of ..JotJE
after motion, second and majority vote.
, 2004,
BOARD OF COUNTY COMMISSIONERS
OF COLLIER C UNTY, FLORI A
By:
DONNA
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Apprd\red as to form and
&Uj.C7Y/tr--
eidi F. Ashton
Assistant County Attorney
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