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Resolution 2007-214 RESOLUTION NO. 2007. 214 A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION, IF NECESSARY, OF THE FEE SIMPLE INTEREST IN CERTAIN TRACTS OF LAND IN GOLDEN GATE ESTATES NECESSARY FOR THE CONSTRUCTION OF STORMWATER RETENTION AND TREATMENT PONDS REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM WEST OF WILSON BOULEV ARD TO DESOTO BOULEVARD. (PROJECT NO. 60040.) WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted Ordinance No. 2005-25 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2005-25; and WHEREAS, the expansion of Golden Gate Boulevard from west of Wilson Boulevard to DeSoto Boulevard (Project No. 60040) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn 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 the expansion of Golden Gate Boulevard from west of Wilson Boulevard to DeSoto Boulevard, Project No. 60040 (hereinafter referred to as "the Project"), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and long range planning, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire in fee simple the stormwater retention and treatment pond sites described in Exhibit "A". AND IT IS FURTHER RESOLVED that all property acquired pursuant to this Resolution 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 "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. 4 -. L' This Resolution, adopted on this '1 Tit day of .J '-{ Y ,2007, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK ~7hwU~ BOARD OF COUNTY COMMISSIONERS OF COLLIERS9UNTY, LO IDA By: Approved as to form and legal sufficiency: I . ~ A"~ r t-- Heidi F. Ashton Assistant County Attorney .-I -Page 2- EXHIBIT A GOLDEN GATE BOULEVARD POND SITE PARCELS ALL INTERESTS TO BE ACQUIRED IN FEE SIMPLE Parcel No. Legal Description: PSP1W1 The East 165 feet of Tract 18, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37221200005. PSP1 W2 The West 180 feet of Tract 19, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37221280009. PSP1 E1 The West 150 feet of Tract 130, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 3722876000. PSP1 E2 The East 200 feet of Tract 130, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228720009. PSP2W1 The East 180 feet of Tract 57, Golden Gate Estates Unit No. 48, according to the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of Collier County, Florida. Folio No. 39204000000. PSP2W2 The West 150 feet of Tract 57, Golden Gate Estates Unit No. 48, according to the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of Collier County, Florida. Folio No. 39204040002. PSP2E1 The North 350 feet of Tract 127, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228540001. PSP2E2 The South 330 feet of Tract 127, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228520005. PSP3W 1 The West 180 feet of Tract 153, Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394600006. PSP3W2 The West 75 feet of the East 150 feet of Tract 153, Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394680000. PSP3W3 The East 75 feet of Tract 153, Golden Gate Estates Unit No. 51 , according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394640008. PSP3E Tract 63, Golden Gate Estates Unit No. 80, according to the plate thereof, as recorded in Plat Book 5, Page 18, of the public records of Collier County, Florida. Folio No. 40866000000. PSP4 Tract 19, Golden Gate Estates Unit No. 78, according to the plate thereof, as recorded in Plat Book 5, Page 16, of the public records of Collier County, Florida. Folio No. 40741080006