Resolution 2001-293
RESOLUTION NO. 2001 - ~
1 6 B 61,
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
PERPETUAL, NON-EXCLUSIVE SIDEWALK EASEMENTS FOR THE
CONSTRUCTION OF A SIDEWALK ALONG THE EAST SIDE OF 13TH STREET
SOUTHWEST IN GOLDEN GATE EST A TES UNIT NO.9, A DISTANCE OF
APPROXIMA TEL Y ONE (1) MILE, FROM GOLDEN GATE BOULEVARD TO THE
GOLDEN GATE MAIN CANAL.
WHEREAS, the Golden Gate Estates branch of the Collier County Public Library is located on
the southeast comer of the intersection of 13th Street SW and Golden Gate Boulevard; and
WHEREAS, the Board of County Commissioners finds that it is desirable for the County's
branch libraries to be accessible to pedestrian traffic; and
WHEREAS, the Collier County Transportation Operations Department is designing a bridge
over the Golden Gate Main Canal which will link 2 segments of 13th Street SW, allowing vehicular and
pedestrian traffic between 16th Avenue SW and Golden Gate Boulevard; and
WHEREAS, the Board of County Commissioners desires to protect said pedestrian traffic
through the construction ofa side walk along the east side of 13th Street SW, between 16th Avenue SW
and Golden Gate Boulevard; and
WHEREAS, the design and construction of said sidewalk has been determined by the Board to
be necessary and in the best interest of Collier County; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board has determined that the construction and maintenance of a sidewalk along the east
side of 13th Street SW between 16th Avenue SW and Golden Gate Boulevard is necessary and
is in the best interest of Collier County.
2. The acquisition by gift or purchase of those perpetual, non-exclusive sidewalk easements
across the properties identified on Exhibit "A" is both necessary and consistent with the project
requirements, in order to permit the construction and maintenance of said sidewalk. and County
Staff is hereby authorized and directed to acquire said easements by gift or purchase.
3. The Board further directs staff to use 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.
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4. 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
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a property where the purchase price of the parcel (the compensation due to the property owner)
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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"
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.
5. 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 directed 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 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.
6. In those instances where negotiated purchases may be obtained via the "Purchase Agreement"
or "Easement Agreement" mechanism, the Director of the Transportation Operations
Department, or his designee, is charged with the responsibility for completion of various capital
improvement projects, and 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 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.
7. That the authority to negotiate purchases as set forth herein is granted by the Board to the
extent that such approvals do not conflict with the provisions of Section 125.355, Florida
Statutes.
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8, 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 and
as contemplated by Paragraph 6 above.
9. Where the property owner agrees, by sworn affidavit or agreement ("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 agreements, conveyance instruments,
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.
10. 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, said
conveyances, instruments as may be required to remove the lien of any encumbrance from the
acquired properties, and all other instruments which the County Attorney's Office deems
appropriate for recording.
THIS RESOLUTION ADOPTED on this ~ day of 9.s. j ./'
second and majority vote. C/
, 200 I, after motion,
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FL RlDA
ATTE5mi,' "
DWIGHT 'E.'f{RQCK, CLERK
, 1.>
ARTER, Ph.D., CHAIRMAN
At t _c lerk
. S II to Cblf,......
;Slgnltlll't 01111.
Approved as to form and
zmcienc~~~
V .6',/"
Ellen T. Chadwell
Assistant County Attorney
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GOLDEN GATE BOULEVARD
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EXHIBIT -8-
Pege-L..of--1-
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LIBRARY
FIRE STATION
GOLDEN GATE ESTATES
UNIT No. 9
PROPOSED 10' SIDEWALK
EASEMENT
(SEE TYPICAL CROSS SECTION)