Backup Documents 12/16/2008 Item #10C
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 0 C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print un pmk paper. Attach to original document. Original ducuments should he hand delivered 10 the Board OJlic~ rhe complch::d routing slip and orig.inal
documents are to be forwarded to the Board Onicc unl)' after the Buard ha~ taken actiOIl on the item)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infi.nmation needed lithe document is already complet!: with the
exception of the Chairman's sillnaturc, draw a line lhrou!!h routinl! lines #] throui!.h #4. como1ctc the chccldist, and forward to Sue Filson (line #5)
Route to Addressee(s) Officc Initials Date
(List in foutin!!: order)
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5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Oflice
PRIMARY CONTACT INFORMATION
(The primary conta;t is the holder of the original ducument pendmg Bee approval. Normally the primary COlltact is the person who created/prepared the I:':xecutive
summary. Primary contact information is needed in the event one of the addressees above, indll.ling Sue Filson, need to cmtact stan for additional or missing
information. All original documents needing the Bee Chalrman"s signalure arc to be delivered to the Bee office only alter the Bee has acted to approve the
Item.
Name of Primal)' Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
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N/A (Not
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Agenda Item Number
Number of Original
Documents Attached
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INSTRllCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne 'otiated contract date whichever is a licable.
"Sign here'. tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uircd.
In most cases (some contracts are an exception). the original document and this rouling slip
should be provided to Sue Filson in the Bce omce within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullilied. Be aware of our deadlines!
The document was approved by the Bec 011 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
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ITEM NO.: 08-ECM-00995
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REQUEST FOR LEGAL SERVI ES
DATE:
December 17,2008
TO:
Jennifer Belpedio, Office of the County Attorney
FROM:
Sonja Stephenson for Robert Bosch, Right-ot~Way Coordinator, TECM
RE:
Superseding Gift & Purchase Resolution: Vanderbilt Beach Road Ex!. Project No. 60168
BACKGROUND OF REQUEST: The superseding Gift and Purchase Resolution was approved
yesterday by the Board with a small change to paragraph 5, deletion of the second last sentence. Please
approve and sign the corrected resolution and forward to the Chairman for signature.
This item HAS NOT een previously SUb~it:~~nder RPR # () ~-'C: ~S-
(e IRCLE ON . /
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ACTION REQUESTED:
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RESOLUTION NO. 2008-387
A RESOLUTION SUPERSEDING RESOLUTION NO. 2006-142 AND AUTHORIZING
THE ACQUISITION BY GIFT OR PURCHASE OF LAND AND EASEMENTS
NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND
UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION AND EXTENSION
OF VANDERBILT BEACH ROAD FROM COLLIER BOULEVARD TO EAST OF
WILSON BOULEVARD (PROJECT NO. 60168).
WHEREAS, the acquisition of right-of~way for the expansion and extension of Vanderbilt
Beach Road from Collier Boulevard to east of Wilson Boulevard (Project No. 60168) (hereinafter
referred to as "the Project"), is included in Collier County's Five Year Transportation Work
Program; and
WHEREAS, plans and specifications have been prepared for the construction of the Project;
and
WHEREAS, on June 6, 2006 the Board adopted Resolution No. 2006-142 authorizing the
acquisition of land and easements necessary for the expansion of Vanderbilt Beach Road from
Collier Boulevard to Wilson Boulevard; and
WHEREAS, the Board desires to extend the limits of acquisition to include that segment of
the project from Wilson Boulevard east to the Corkscrew Canal, so that the delegation of
purchasing and settlement authority contained herein shall extend to the property required for a
storm water retention and treatment pond located between Wilson Boulevard and the Corkscrew
Canal, and also to revise the "Administrative Settlement" provisions of the existing resolution; and
WHEREAS, the expansion and extension of Vanderbilt Beach Road from two lanes to four
lanes (and ultimately six lanes) from Collier Boulevard to east of Wilson Boulevard, as depicted in
Exhibit "A" attached hereto and incorporated herein, is necessary in order to protect the health,
safety and welfare of the citizens of Collier County, and will assist Collier County in meeting
certain concurrency requirements of the County's Growth Management Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board has determined that the expansion and extension of Vanderbilt Beach Road from
Collier Boulevard to east of Wilson Boulevard, Project No. 60168 is necessary and in the public's
best interest in order to protect the health, safety and welfare of the citizens of Collier County.
2. The acquisition of land and easements for construction of the Project is an integral part of
the County's long range planning effort, and is included in the Capital Improvement Element of the
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Collier County Growth Management Plan, as approved by the Florida Department of Community
Affairs.
3. It is necessary and in the best interest of Collier County for the Board to authorize the
acquisition of land and easements necessary for the construction of roadway, drainage and utility
improvements within the Project corridor identified on Exhibit "A" (attached hereto and by
reference made a part hereof), and the County Manager or his designee is hereby authorized and
directed to acquire said land and easements by either gift or purchase.
4. The Board hereby directs the County Manager or his designee to use either independent
appraisal reports, "in-house" appraisals, or the Collier County Property Appraiser's "Just Value" of
the land (per acre) as the basis for making purchase offers to property owners.
5. In view of the differences of opinions between real estate appraisers regarding full
compensation to property owners, and in view of the cost of condemnation, the Board hereby
authorizes the County Manager or his designee to approve purchases of land and easements where
the property owner has agreed to sell to the County at, or up to twenty five percent (25%) above the
County's estimate of full compensation to the property owner, with the maximum approval
authority not to exceed $50,000 over the County's appraiser's estimate of full compensation. Each
and every proposed settlement over one hundred and twenty-five percent (125%) of, or over
$50,000 above, the County's estimate of full compensation (whichever is less) shall require separate
Board approval. Such purchase approvals are hereinafter referred to as "Administrative
Settlements. "
6. The Board hereby authorizes the County Manager or his designee to approve and to execute
Closing Statements on behalf of the County.
7. The Board hereby authorizes its 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 legal sufficiency, to
execute easement agreements, purchase agreements, utility subordination and relocation agreements
and/or other documents approved by the Office of the County Attorney to close real estate
transactions, where the property owner has agreed to sell to the County at appraised value, or within
the Administrative Settlement provisions of Paragraph 5 (above).
8. Said Administrative Settlement authority is delegated by the Board to the extent that such
delegation does not conflict with the provisions of Section 125.355, Florida Statutes.
9. The Board hereby authorizes the Finance Department to issue warrants, and/or to make wire
transfers, payable to the property owner(s) of record, to title companies and attorneys closing real
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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.
10. All title to real 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, staff is hereby
authorized to record in the Public Records of Collier County, Florida, deeds, easements, or other
instruments as may be required to remove, release or subordinate the lien of any encumbrance, in
order to effect constructive notice of the County's interest in real property..
II. Resolution No. 2006-142 is hereby repealed in its entirety.
This Resolution, adopted on this 10 day of J)P.cem be.r
, 2008, after motion,
second and majority vote.
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ATTEST' "
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.1g11ature~I.~.l .,. '
BOARD OF COUNTY COMMISSIONERS
OF COLL R CO TY, FLORIDA
IRMAN
B:
Approved as to form and
legal sufficiency:
Jennifer A. Belpedio
Assistant County Alto
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