Resolution 2020-087RESOLUTION NO.2020 - g 7
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR
CONDEMNATION OF FEE INTEREST IN PARCELS REQUIRED FOR THE FUTURE
DEVELOPMENT OF ESSENTIAL GOVERNMENT SERVICES AT THE RESOURCE
RECOVERY BUSINESS PARK.
WHEREAS, the construction of essential government services at the Resource Recovery
Business Park (hereinafter referred to as "the Project"), is part of Collier County's short-range
infrastructure improvements including utilities and storm water, transportation/access
improvements, and native vegetation allocations and/or buffers within the Project, and is included
in Collier County's Five Year Capital Improvement Project; and
WHEREAS, a Conceptual Plan for the Collier County Resource Recovery Business Park
Activities/Operations has been prepared for the construction of the Project as set forth in Exhibit
"A"• and
WHEREAS, the Board of County Commissioners has approved the Collier County
Resource Recovery Business Park IPUD (Industrial Planned Unit Development) Ord. No. 17-01 to
approve the rezone of over 344 acres for the development of this Business Park with the exception
of certain parcels as described in Exhibit `B;" and
WHEREAS, construction of the Project will require the acquisition of fee simple land
interests; and
WHEREAS, the fee simple land interests required for the construction of the proposed
improvements is represented by the legal descriptions comprising Exhibit "B" attached hereto and
incorporated herein; and
WHEREAS, the Board desires to delegate its authority to acquire the necessary land by gift
or purchase; and
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WHEREAS, the fee simple lands described in Exhibit "B" are contiguous to existing
County -owned lands that will facilitate the future development of essential government services at
the Resource Recovery Business Park, and the Board desires to exercise its right to condemn the
land for public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the
Board that it is necessary and in the public's best interest to acquire the land described in Exhibit
"B" (the "Property") for the purpose of future development of essential government services at the
Resource Recovery Business Park (Project No. 59007) as depicted in Exhibit "A", in order to
protect the health, safety and welfare of the citizens of Collier County.
AND IT IS FURTHER RESOLVED that acquisition of the Property and construction of
the Project upon the Property is an integral part of the County's long-range planning effort and is
included in Collier County's Five -Year Capital Improvement Project.
AND IT IS FURTHER RESOLVED that the Board is the owner of the majority of the lands
within the Project and the remaining Property described in Exhibit "B" attached hereto and
incorporated herein is required to facilitate the future development of essential government
services.
AND IT IS FURTHER RESOLVED that the taking of the fee simple interest will provide
the County with the right to incorporate this Property into the Project.
AND IT IS FURTHER RESOLVED that all of the Property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County Manager or his designee and the
Office of the County Attorney are hereby authorized and directed to immediately acquire by gift,
purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida
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Statutes, the Property more particularly described in Exhibit "B", attached hereto and incorporated
herein.
AND IT IS FURTHER RESOLVED that the County Manager or his designee are hereby
authorized and directed to make purchase offers to property owners for the Property required to
construct the Project, which offers shall be based upon real estate appraisals estimating the market
value of the Property that have been developed by licensed state -certified general real estate
appraisers.
AND IT IS FURTHER RESOLVED that, in view of the differences of opinions between
real estate appraisers regarding market value and full compensation to property owners, and in view
of the cost of condemnation, the County Manager or his designee is hereby authorized to approve
purchases of the Property where the property owner has agreed to sell to the County at, or up to
twenty five percent (25%) above the County's full compensation estimate, with the maximum
approval authority not to exceed $50,000 over the County's appraiser's full compensation estimate,
and the County Manager or his designee is further authorized to approve and execute Closing
Statements related to said transactions. Any and all purchases in excess of one hundred and twenty-
five percent (125%) of the appraiser's full compensation estimate, or in excess of $50,000 above
the appraiser's full compensation estimate, whichever amount is the lesser of the two, shall require
separate Board approval.
AND IT IS FURTHER RESOLVED that the Chairman, and any subsequent Chairman for
the life of the Project, upon the approval of the Office of the County Attorney as to form and
legality, are hereby authorized to execute real property conveyance agreements in substantially the
same form as that Sample Agreement for Sale and Purchase attached hereto as Exhibit `B" and
made a part hereof, and any other documents approved by the Office of the County Attorney to
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close real estate transactions, where the property owner has agreed to sell to the County at appraised
value, or within the delegation of authority stipulated herein.
AND IT IS FURTHER RESOLVED that said authority is delegated by the Board to the
extent that such delegation does not conflict with the provisions of Section 125.355, Florida
Statutes.
AND IT IS FURTHER RESOLVED that the Finance Department is authorized to issue
warrants, and/or to make wire transfers, payable to the property owner(s) of record, to title
companies and attorneys closing real estate transactions, and to others who may possess an
equitable interest in the subject real property parcels in those amounts as shall be specified on a
Closing Statement.
AND IT IS FURTHER RESOLVED that all title to the Property which has been acquired
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, the County Manager or his designee is hereby authorized to record in the Public Records
of Collier County, Florida, conveyance instruments such as deeds and easements, as well as any
other instruments that may be required to remove, release or subordinate the lien of any
encumbrance on the subject real estate, in order to effect constructive notice of the County's interest
in real property.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the Property and
therefore it will not be necessary to remove any mobile homes from the Property to be acquired.
[SIGNATURE PAGE TO FOLLOW]
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This Resolution, adopted on this day of 1A0A 1 2020, after motion,
second and majority vote.
ATTEST:
Crystal K, Kinzel, Clerk of the Circuit
Court & GWptFg4er
t;g je.0 y--"
as to form and legality:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: 15�1--,4=e.0,40 a
Burt L. Saunders, Chairman
[20-RPR-03276/1535812/1] Gift, Purchase & Condemnation Resolution
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Preserve
Private
(10 ac.)
Exhibit A
present
Functional Area
Area(ftf)
Acres
l and E-waste Processing
ion well
4g 000
1.1
87120
2.
ial Reef Clean Concrete and Roof Tile Processin
s and YaM Trash Processing
twintenance
200000
4.
710 000
16.3
l Re clable Drop-off Facil it
/Operations Center
m Facility and Vehicle/Trailer/WMContainer5torage
Anaerobic Dl estion Facility
e Fetlll
edals Recovery Facill
30,000
120,000
0.7
2.
16988a
3.9
217 &10
5.0
331,541
0.
6H0,000
15.6
rensfer Station
TOTAL
R50,000
19.5
3.ov,zzs
na
Water Management
Future Paradise
s Recovery
(15.61 ac.)
500 FEET
Private
(5 ac.)
Pnvate County
(2 5 ac.) (2.5 ac.)
E�vnfb Aocfune
(f 10 ac)
"Tmnsler'Slcalon
Collier County
Conceptual Use Map
Resource Recovery Business Park
Time Frame
r— 1-3 4:
7+
Years Years
Yeah
Short Term Intermediate
Long Term
Term
Con*r
cmrity
0 275 550
� Feet
N
w�E
s
Preserve
Stor ebr'
M Tra h
Pro sin
Ingress/ Egress
Future 2 Land Road
A
B
C
EXHIBIT "B"
The Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 25, Township
49 South, Range 26 East, Collier County, Florida, Less any portion lying in
Roadway. Folio 00289600001
The Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Southeast 1/4 and the
Northeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Southeast 1/4, Section 25,
Township 49 South, Range 26 East, Collier County, Florida. Folio 00291080004
The Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Southeast 1/4,
Section 25, Township 49 South, Range 26 East, Collier County, Florida.
Folio00291040002
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