Resolution 1999-057
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RESOLUTION NO. I)l). 57
A RESOLUTIO~ OF TilE BO,\RD Or: COUNTY COMMISSIONERS Or: COLUER
COUNTY. FLORIDA. RELATING TO TilE ACQUISITION OF PROPERTIES.
DEl.EGATING AUTIIORITY TO TilE CALENDAR YEAR 11)1)1) CIIAIRMAN Or: TilE
BOARD OF COUNTY COMMISSIONERS TO EXECUTE CERTAIN DOCUMENTS
I l"CIDENT TO PROPERTI ES ACQUISITION ON BEHALF OF TIl E BOARD.
AUTIIORIZING STAFF TO PROCEED WITH CERTAIN ACTIVITIES REQUIRED TO
EXPEDITE SAID PROPERTY ACQUISITION, AND WAIVING CERTAIN
PROCEDURAL REQUIRE~IENTS IN ACCORDANCE WITII TilE CAPITAL
l:>.lPROVDIE:--'T ELE:>'IENT OF TilE COUNTY'S GROWTII MANAGEMENT PLAN.
WII EREAS. Ihc expcdilious aClJuisilion oCproperty is OC pllramounl importance 10 Ihe
limely completion of many capital impro\"ement projccts, :lOU allaining infraslructure goals in
acconlllnee with the Capilallmpro\"emcnl Element orthe County's Growth ManagcmentPlan; anu
WIIEREAS, accomplishing the property acquisition aIllI construction on or aheao of
scheoule shllll rc([uin: a propcrly coordin;lleo tearn cffort among the indiviuual oep.lrtrnents lIno
agencies ch;lrgeu with overall responsihility for Ihe projccls. lhe Public Works Engineering
Department, the Re;IIProperty Managemcnt Dcpartment, the Office of lhe County AlIomey. ano Ihc
Boaro ofCounly Commissioners, wherein certain routine processes require slreamlining and
abhrcviation where\'er possiblc.
l"OW. TIIEREFORE. BE IT RESOLVED BY TilE BOARD OF COUNTY COMMIS.
SIONERS OF COLLIER COUi':TY, FLORIO", Ihallhe Board ofCounly Commissioners of
Collier Counly, FloriLl:I. recognizes the importance of completing the V;Jrious eapit:J1 improvcments
projects at the earliest possible time; llno further. the Board recognizes Ihe relationship of Ihe projecl
schcoule 10 meeling Ihe concurrcncy requircmenls of Collier Counly's Comprehensive Plan.
Al"D IT IS FURTII ER RESOLVED that Ihe Boaro of Counly Commissioners of Collier
County, florida, rccognizes thc importance of Ihe land righls acquisilion funelion ano its
relationship 10 Ibe overall projecl schedule; ;lI1d the Board desires to facilitate anu expeoite the land
rights acquisition process to the cxlel1l that il is empowered 10 do so hy law.
AND IT IS FURTIIER RESOLVED lh:11 the following measures are reasonably necessary
for the efficient ;1I1d expeditious managcment and complelion of capital projects:
1. The Board <>f Coullty Commissioners. in .lccoroance wilh the provisions of Chapter 125.355,
F1orioa Statutes. hercby formally waives the requiremenl for a Cormal, inoepenuenl appraisal report
for the purchase of a property where Ihe purchase priee orthe parcel (the compensalion uue to the
property oWller) is less than One Ilundred Thousand :Jnd 00/100 Dollars (') I DO,OOn.oO). In lieu of
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Ihe independent :lpprais:lI rcport. staff is hereby aulhorized to make purch:lse ofCers ror thc
properties, thc dollar amounls of which shall be predicated on "staff compensation estimates", i.e.,
baseu upon imlepenucnt appraisals (and the uata Iherefrom) obtained on similar properties and upon
considcration amI :lpplicalion of appropriatc market value and cost data pertinent to Ihe suhject
parcels.
2. The Chairman of the Board of County Commissioners is hereby authorized to cxccute Appraisal
Agreements on behalf oflhe Uoard with appraisallinn(s) rrorn the pre-qualilied short-list which,
baseu upon Ihe analysis and recommendation of slafr, is (arc) best able to serve the needs of the
project in a limcly and cost-erreetivc manncr.
3. Upon thc approval by the County AlIorncy's Officc of all documcnls nceessary for lh~ subjecl
property acquisition, Reall'roperty Managcmenl Department starr is hercby cncouraged to offer
immediale delivcry to Ihe respcctive propcrty owners oCthe Cull eompensation (as eSlablished by lhe
appraisal or slaff compensalion cstimales in accordance wilh the provisions of Chapter 125.355.
Florida Stalutes). in return for the immediatc and proper cxceution oflhe respeclive easemenls
and/or ueeds, and such other legal documents anti/or affidavits as Ihe County Attorney's Office
dcems appropriate in order to protect the interests orlhe County; and the !3oard of County
Commissioners hercby authorizes ils Chairnlan and any subsequent Chairnlan. for Ihe lifc of the
projecl. to execule any anu all agreements and othcr legal instruments pertinent to such property
acquisition whieh have becn reviewed and approved by the County Attorncy's Oflice.
4. In those instanccs where negotiated settlements may be ohtaincd via Ihe "Purchase Agrecmcnt"
or "Easement Agreemenl" mechanism. Ihe Public Works Administrator, or his designee. is hereby
delegated the authorily to approve the purchase ofland inlercsls above the staff compensation
cstimale or appraised \'aluc and pay nomlally related costs whcn it is in Ihe bCSI inlerest of Ihe
project. wilhinlhe pro-rala sharc of the l:lI1d rights acquisilion budget for Ihe pareel being acquired,
only whcn thc difference bctween the purehasc pricc and tbe starr eompensalion estimale or
appraised \'alue is less than Fifteen Thousand and 00/100 Dollars ($ 15.000.00) or Ihc current
purchasing limits estahlished by thc Collier County Purchasing Department; proviucd. Projeel
funding is availahle. This setllernenl approval authority is dclegatcd by the Boaru of County
Commissioners to Ihe extenlth:ll such approvals uo not connict with thc provisions of Seclion
125.355, Florida Slatules.
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5. The Chainmm of the Board of County Commissioncrs is hercby aulhorized 10 executc Purchase
Agrcements and Eascmcnt Agreements wherc Ihe land owner has agrced 10 scllthc requircd land
rights to thc County at Iheir appraised v31uc or at that amount considered thc "Administrativc
Sculement Amount" as such ternl is inlernally used by Ihc <ldministrativc agencies of Collier
CounlY.
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6. Whcre the property owner agrces, by sworn affidavit or agrcement ("Purchase Agreement" or
"Easement Agreemenl"). to convey a necessary interest in real property to the COllnty. and upon the
proper cxecution by the property owner of those casements and/or deeds, and such olher legal
documcnts as the Ofliec of thc County Attorney may havc required. thc Board hcreby authorizes I)
the Counly Attorney, or his designee. thc authority to cxecutc a closing stalement on bchalf ofthc
Board, and 2) Ihc r:inanee Departmenllhe authority to issue warrants payablc to the property
owncr(s) ofreconl inlhose amounts as shall be specificd on a closing statement and which shall be
based uponlhc appraisal or staff eompensation cSlimate in aecordancc wilh thc provisions of
Chaptcr 125.355. Florida Statutes.
7. All titlc 10 properties which havc been obtained in thc manner deseribed above sl1.llI be deemcd
"accepted" by the Board of County Commissioners, as the governing body of Collier Counly.
Florida, a political subdivision oCthe State of Florida, and as such, staff is hcreby authorized to
rccord il in the publjc records of Collier Counly, Florida. said deeds and such olher instruments as
may be required to rcmove Ihe lien or any encumbrance from the acquired property.
THIS RESOLUTION ADOPTED Ihis~day of ~
majority Vote.
.' ,
, 1999 aOer motion. sccond and
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIOl\ERS
OF COLLIER COUNTY, FLORIDA
~~w. B ~\
-...: ). 1 lall
~:Jr-: ~~-
· .' . '. Depuly Clerk
Attest IS to Chafrman's
sf9nature onl,)'_
Approved as to fonn ;lIld
legal sufficiency:
l3y:
1'1~ d I-An ~.
Heidi F. Ashton
Assistant County Attorney