Resolution 1998-009
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RESOl.UTlON NO. 1)8- 9
A RES01.UTlON OF TilE BOARD OF COUNTY COMMISSIONERS OF COl.L1ER
COUNTY. FLORIDA. RELATING TO THE ACQUISITION OF PROPERTIES.
DELEGATING AUTHORITY TO THE CHAIRMAN OF THE BOARD OF COUNlY
COMMISSIONERS TO EXECUTE CERTAIN DOCUMENTS INCIDENT TO
PROPERTIES I\CQUISITION ON I3EHALF OF THE BOARD. AUTHORIZING
STAFF TO PROCEED WITII CERTAIN ACTIVITIES REQUIRED TO EXPEDITE
S,\ID PROPERTY ACQUISITION. AND WAIVING CERTAII': PROCEDURAL
REQUIREMENTS IN ACCORDANCE WlTH THE CAPITAL L\lPROVEMENT
ELI~:-'IE:':T OF TilE COUKTY'S GROWTH MANAGEMENT PLAN,
\\'11 ER I:..\S. tlic c~pediti'l\ls ~cquisition of property is of paramounf importance to the
timely complelion of many capital improvcment projects. and .lltaining infrastructure goals in
accnrdance with the t'apitallmpro\'ement Element of the Counly's Growth Management Plan;
and
WIIEREJ\S. accomplishing tile property acquisition and construction on or ahead of
schedule shall require a properly eoonJinated te,lm effort among Ihe individual departments and
agencies c1wrged with overall respollsihilily for Ihe projects. the Office of Capital Projects
Managcment. tile Real Property ~I~nagemenl Department. the Office of the County Attorney.
'\Ild the l3o~rd of County Commissioners. wherein certain routine processes require streamlining
and ahhreviation wherever possihle,
NO\\". TIIEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COM,\1ISSIONERS OF COLLIER COUNTY, FLORIDA. that the Board of County
Commissioners o!"Collier COUl1ty, Florid". recognizes the impor1&mce of completing the vurious
capilal illlpro\'Cl11cnl projects at Ihe earliest possible lime; and further. the Board recognizes the
relationship Oflhc projecl scheJule to meeling the concurrency requirements of Collier Counly's
('olllprchel1si\'e Plan.
1\i\:D IT IS FlJRTI fER RESOLVED that lhe Bourd ofCollnly Commissioners of Collier
County, Florida. recognizes the importance of the land righls 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 exlent that it is empowered 10 do so by I,IW,
i\ND IT IS FURTHER RESOLVED lhat the following measures arc reasonably
l1ecessary for the erticient and expeditious management and completion ofeapital projects:
I, The Board of County Commissioners. ill accordance with the provisions of Chapter 125.355.
Florida Statutes. herehy fonnally waives Ihe requiremenl for a formal, independent appraisal
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report for the pureh,lsc of a property where the purch:lse price oflhe parcel (the eompens:ltion
due 10 thc property owner) is less than One Hundrcd Thousand and 00/1 00 Dollars
($ I 00,000,(0), In lieu of tile indepcndent nppraisal report. staff is hereby authorized to make
purch&lsc olTers for Ihe properties. Ihe doll:lr .Imounts of which shall he predicated on "staff
compensation eSlill1ates". i,e., hased upon indcpendent appraisals (and the data therefrom)
ohlained on simi lar propertics and upon considcration and application of appropriate market
valuc and cost dala pertinentlo the suhject parcels.
2. The Chairman of the lioard of County Commissioners is hereby authorized to execute
Appraisal Agreel11cnts on hchalf of the Board with appraisal finn(s) from the pre-qualified
short-list which. h,l.~cd upon the analysis ,md recommendation ofslaff. is (arc) hest ahle to serve
the needs of the project in a timely and cost-effective manner.
3, Upon the arpnw,11 hy Ihe COUIlIY Anorncy's Office of all documents necessary for the suhject
propCr1y acquisil ion. Re,tf Property M~nagement Department st:lff is herehy encouraged to offer
immediate deli\'ery to the respeclive property owncrs of the full compensalion (as established by
Ihe appmisal or staff compensallon estimates in accordance with Ihe provisions of Chaplt.:r
125,355. Florida Sl,llutes). in relum for thc immcdiate and proper cxeculion of the respective
casements and/or deeds. and such other legal documents andlor affidavits:ls lhe County
Attorney's Officc deems :lpprOpriale in order to protecl the interests of the Count}'; and the Board
of County Commissioners herehy authorizes its Chairnlan and any subsequent Chainnan. for the
Ii fe of the project. 10 cxecute any and all agreemcnts and other legal instruments pertinent to such
properly acquisition which have heen reviewed and approved by thc County Attorney's Office.
4. In thosc instances where negotiatcd seltlemcnls may be ohtained via the "Purehase
Agrecment" or "Easement Agreemcnt" mcchanism. the Public Works Administrator. or his
dcsignee. is hcrehy delegated the authority to approve the [lurchase orland interests ahove the
Slarr eOl1lpensat ion estimate or appraised value and pay nonmtfly related costs when it is in the
best interesl orlhe [lrojecf. within the pro-rala share of the land rights acquisition budgel for Ihe
parcel being acquir.:d. only when the difference belween the purchase price and the staff
compensation estim,lle or a[lpr"ised value is less than Fifieen Thousand and 00/100 Dollars
(5 15.000,()[)) or Ihe current purchasing limits established by the Collier County Purchasing
Departmenl; provided. Project funding is availahle. This settlemcnt approval authority is
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delegated hy the Bonnl of County Commissioners to the extenllhat such approvals do not
conflict with the provisions of Section 125.355. Florida Statutes,
5. The Ch~innan of the Board of County Commissioners is herehy lluthorized to execule
Purchase Agreements ~nd Easemcnt Agreements whcre lhe land owner has agreed to sclllhc
required land rights to the County at their appraised value or at lhat amount considered the
"Administrative Settlement Amount" as such term is internally used hy the administrative
agencies of Collier County,
(), \\"here the property owner agrees. hy sworn affidavit or agreement ("Purchase Agreement" or
"Easerncnt Agreement"), to convey a necessary interest in real property to the County, and upon
thc pro>rcr cXl'culion hy thc property owner of those easements and/or deeds, <Inti such other legal
documents as lhe Office of the Counly Atlomey may hllve required, lhe 130ard hereby authorizes
I) the County ALtomeY. or his designee, the authority 10 execule a closing slatcment on behalf of
the BO&lrd. and 2) the Finance Department the &Iuthority 10 issue warrants payable to the property
o\\ner(s) of record in those amounts as shall be specified on II closing st,ltement and which shall
he hased upon the apprais<ll or st:lff compensation estimate in accordance with the provisions of
Chapter 125,355. Florida Statutes.
7. All title to propcrties which have hcen obtained in the manner described above shall be
deemed "acccptl'd" hy the Board of County Commissioners, as the governing body of Collicr
Counly. Florida, .1 political suhdivision of the Slale of Florida, and as Sitch. staff is hereby
authorized tn record it in the puh/ic reconJs of Collier County. Florida. said deeds and such other
inSLnlmi:I1IS as may he required to remove the lien of any encumbrance from the acquired
property,
THIS RESOLUTION ADOPTED this ___ day of
',' .'. 1998 aflcr motion. second and
majority vote,
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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~ . atrnlan
",
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. Dcputy Clerk
Approved &IS to fonn and
legal sufIiciency:
/ ..
Heidi F, ..\sl\lon
Assistant ('ounty l\!Iamey
P,l'l~ :3