Resolution 2002-038
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RESOLUTION NO. 2002-~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO THE ACQUISITION OF
PROPERTIES, DELEGATING AUTHORITY TO THE CALENDAR YEAR 2002
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE
CERTAIN DOCUMENTS INCIDENT TO PROPERTY ACQUISITION ON
BEHALF OF THE BOARD, AUTHORIZING STAFF TO PROCEED WITH
CERTAIN ACTIVITIES REQUIRED TO EXPEDITE SAID PROPERTY
ACQUISITION, AND WAIVING CERTAIN PROCEDURAL REQUIREMENTS
IN ACCORDANCE WITH THE CAPITAL IMPROVEMENT ELEMENT OF THE
COUNTY'S GROWTH MANAGEMENT PLAN.
WHEREAS, the expeditious acquisition of property is of paramount importance to the
timely completion of many capital improvement projects, and attaining infrastructure goals in
accordance with the Capital Improvement Element of the County's Growth Management Plan; and
WHEREAS, accomplishing the property acquisition and construction on or ahead of
schedule shall require a properly coordinated team effort among the individual departments and
agencies charged with overall responsibility for the projects, the Transportation Engineering and
Construction Management Department, the Public Utilities Engineering Department, the Real
Property Management Department, the Office of the County Attorney, and the Board of County
Commissioners, wherein certain routine processes require streamlining the abbreviation whenever
possible.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners
of Collier County, Florida, recognizes the importance of completing the various capital
of the project schedule to meeting the concurrency requirements of Collier County's Comprehensive
improvement projects at the earliest possible time; and further, the Board recognizes the relationship
Plan.
AND IT IS FURTHER RESOLVED that the Board of County Commissioners of Collier
County, Florida, recognizes the importance of the land rights acquisition function and its
relationship to the overall project schedule; and the Board desires to facilitate and expedite the land
rights acquisition process to the extent that it is empowered to do so by law.
for the efficient and expeditious management and completion of capital projects;
AND IT IS FURTHER RESOLVED that the following measures are reasonably necessary
1. The Board of County Commissioners, in accordance with the provisions of Chapter 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
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due to the property owner) is less than One Hundred Thousand and 00/100 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", i.e., based upon independent appraisals (and the data there from)
obtained on similar properties and upon consideration and application of appropriate market
value and cost data pertinent to the subject parcels.
2. Upon the approval by the County Attorney's Office of all documents necessary for the subject
property acquisition, Real Property Management Department staff is hereby encouraged to offer
immediate delivery to the respective property owners of the full compensation (as established by
the appraisal or staff compensation estimates in accordance with the provisions of Chapter
125.355, Florida Statutes), in return for the immediate and proper execution of the respective
easements and/or deeds, and such 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 of County Commissioners hereby authorizes its Chairman and any subsequent Chairman,
for the life of the project, to execute any and all agreements and other legal instruments pertinent
to such property acquisition which have been reviewed and approved by the County Attorney's
Office.
3. In those instances where negotiated settlements may be obtained via the "Purchase Agreement"
or "Easement Agreement" mechanism, the Transportation Administrator or the Utilities
Administrator, or their designee, is hereby delegated 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 the staff 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. This settlement
approval authority is delegated by the Board of County Commissioners to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
4. The Chairman of the Board of County Commissioners is hereby authorized to execute Purchase
Agreements and Easement Agreements where the land owner has agreed to sell the required land
rights to the County at their appraised value or at that amount considered the "Administrative
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Settlement Amount" as such term is internally used by the administrative agencies of Collier
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County.
5. Where the property Owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or
the proper execution by the property owner of those easements and/or deeds, and such other
"Easement Agreement"), to convey a necessary interest in real property to the County, and upon
which shall be based upon the appraisal or staff compensation estimate in accordance with the
the property owner(s) of record in those amounts as shall be specified on a closing statement and
on behalf of the Board, and 2) the Finance Department the authority to issue warrants payable to
authorizes: 1) the County Attorney, or his designee, the authority to execute a closing statement
legal documents as the Office of the County Attorney may have required, the Board hereby
provisions of Chapter 125.355, Florida Statutes.
6. All title to properties which have been obtained in the manner described above shall be deemed
Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to
"accepted" by the Board of County Commissioners, as the governing body of Collier County,
record in the public records of Collier County, Florida, said deeds and such other instruments as
may be required to remove the lien of any encumbrance from the acquired property.
TIllS RESOLUTION ADOPTED 00 'hi~ day OM' 2002 ,noc mo"oo. ""ood md
majority vote.
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By:
BOARD OF COUNTY COMMISSIONERS
OF~y.flDRIDA
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Chairman
Approved as to form and
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Heidi F. Ashton
Assistant County Attorney
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