Resolution 2007-292
RESOLUTION NO. 2007. ?q?
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE
OF THE FEE SIMPLE AND THOSE PERPETUAL AND TEMPORARY
EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM WEST OF WILSON
BOULEVARD TO EAST OF EVERGLADES BOULEVARD (PHASE I), AND THE
FEE SIMPLE INTERESTS 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. (PHASES I AND 2.) (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;
WHEREAS, the Transportation Element of the County's Comprehensive Plan was
adopted in Ordinance No. 2005-25;
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 construction of the proposed improvements and related facilities along
Phase 1 of the project corridor, as depicted in Exhibit "A" attached hereto and incorporated
herein, and the stormwater retention and treatment ponds along Phases I and 2 of the project
corridor, in the locations collectively represented by the legal descriptions depicted in Exhibit
"B" attached hereto and incorporated herein, are 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 Growth Management Plan for Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board has determined 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.
2. The 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.
3. It is necessary and in the best interest of Collier County for the Board to acquire right-of-
way in either fee simple or as easements for roadway, drainage and/or utility purposes within
Phase 1 of the Project corridor, identified on Exhibit "A" (attached hereto by reference and made
a part hereof), and storm water retention and treatment pond sites in fee simple within Phases I
and 2 of the Project corridor, in the locations collectively represented by the legal descriptions
depicted in Exhibit "B" attached hereto and incorporated herein, as best suits the needs of the
project; and the County Manager or his designee is hereby authorized and directed to acquire
said right-of-way and stormwater retention and treatment sites by either gift or purchase.
4. The Board hereby directs the County Manager or his designee to make purchase offers to
property owners based upon appraisals prepared by licensed real estate appraisers.
5. The Board hereby authorizes the County Manager or his designee to approve right-of-
way and stormwater retention and treatment pond site purchases where the property owner has
agreed to sell the required land rights to the County at its appraised value, or at an amount not to
exceed $50,000 over the appraised value.
6. The Board hereby authorizes its Chairman, upon the approval of the Office of the County
Attorney as to form and legal sufficiency, to execute Easement Agreements and Purchase
Agreements for right-of-way and/or stormwater retention and treatment pond sites where the
property owner has agreed to sell the required land rights to the County at its appraised value, or
at an amount not to exceed $50,000 over the appraised value; and the Board hereby authorizes its
present Chairman and any subsequcnt Chairman, for the life of the Project, to execute any
instruments which have been approved by the Office of the County Attorney, to remove the lien
of any encumbrance and for any such other purpose as may be required.
7. Said settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
8. Where the property owner agrees to convey a necessary interest in real property to the
County, through the execution of a "Purchase Agreement" or "Easement Agreement," and upon
the proper execution by the property owner of such legal instruments as the Office of the County
Attorney may require, the Board hereby authorizcs the Finance Department to issue warrants,
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payable to the property owner(s) of record, and to others who may possess an equitable interest
in the subject right-of-way parcels or stormwater retention and treatment sites, in those amounts
as shall be specified on a Closing Statement.
9. All title to real property which has been obtained 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 the lien of any encumbrance from the acquired
properties.
This Resolution, adopted on this ~ day of ("( T 0 B~ R
.2007, after motion,
second and majority vote.
ATI~OlI.';' 1'~;"'8 .
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W H1' p. BR.OC~ CLERK
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER C UNTY, OR IDA
By:
J
Approved as to form and
legal sufficiency:
_ C ( tl"
Heidi F. ASlhon-Cicko
Assistant County. Attorney
-Page 3-
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EXHIBIT B
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 E 1 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. 37228760001.
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.
PSP2E 1 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