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Resolution 2007-089 RESOLUTION NO. 2007-!!fL A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE INTERESTS AND PERPETUAL, NON-EXCLUSIVE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE PURPOSE OF CONSTRUCTING STORMWATER IMPROVEMENTS KNOWN AS PHASE ONE OF THE LELY AREA STORM WATER IMPROVEMENT PROJECT LOCATED IN EAST NAPLES (CAPITAL IMPROVEMENT ELEMENT NO. 291, PROJECT NO. 511012). WHEREAS, the Board of County Commissioners desires to improve the treatment and control of stormwater in the East Naples Area in order to alleviate flooding; and WHEREAS, the Lely Area Stormwater Improvement Project consists of improvements to an existing drainage system for an II, I 00 acre plus or minus area located in East Naples; and WHEREAS, the drainage improvements as part of the Lely Area Stormwater Improvement Project include the widening and deepening of existing canals and ditches, constructing new canals, constructing new surface water control structures (weirs), improving existing surface water control structures, constructing spreader lakes and berms, constructing a lime rock access road and installing fencing at the County's discretion, and constructing a pump station; and WHEREAS, the Lely Area Stormwater Improvement Project (Cm Project No. 291) is in accordance with both the Capital Improvement Element and Drainage Sub-element of the Growth Management Plan; and WHEREAS, the real estate interests necessary for construction of the proposed improvements are collectively represented by the legal descriptions comprising Exhibit n An attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn the Property 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 property described in Exhibit "A" (the "Property") for the purpose of constructing the improvements proposed as part of the Lely Area Stormwater Improvement Project located in East Naples, and for providing access to the improvements, 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 upon the Property is part of the County's long range planning effort to alleviate flooding in the East Naples area. AND IT IS FURTHER RESOLVED that the Board has reviewed the staff reports concerning alternative locations for the project, various impacts to the environment, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit nAn attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that the real estate interests described in Exhibit "A" attached hereto and incorporated herein are necessary for the construction of the Lely Area Stormwater Improvement 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 staff is hereby authorized to immediately acquire by gift, purchase or condemnation, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit nAn, attached hereto and incorporated herein. 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. This Resolution, adopted on this lOth day of --.1\()f l ,2007, after motion, second and majority vote supersedes and replaces Resolution No. 2006-285. ATTEST: DWIGHT E. BROCK, Clerk f,' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~.~~~, ~"OL- ~ I qnatuf'! on 1 . Approved as to. form and ri:i'"7 J,--- eidi F. A~hton Assistant County Attorney By: Condemnation Resolution Page 2