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Resolution 2007-306 RESOLUTION NO. 2007. 106 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT-OF-WAY AND RELATED EASEMENTS 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 ONE PROJECT LIMITS), AND AUTHORIZING THE ACQUISITION OF LANDS NECESSARY FOR THE CONSTRUCTION OF STORMWATER RETENTION AND TREATMENT PONDS FOR BOTH PHASES ONE AND TWO (FROM WEST OF WILSON BOULEVARD TO EAST OF 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 expansion of Golden Gate Boulevard from two lanes to four lanes (and ultimately six lanes) from west of Wilson Boulevard to East of Everglades Boulevard, the "Phase One" limits of the project corridor, as depicted in Exhibit "A" attached hereto and incorporated herein, and the acquisition and construction of stormwater retention and treatment ponds along Phases One and Two 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. WHEREAS, on October 9,2007 the Board adopted Resolution No. 2007-292 authorizing the acquisition of those fee simple and permanent and temporary easement interests necessary for the expansion of Golden Gate Boulevard and for the construction of stormwater retention and treatment ponds; and WHEREAS, the Board desires to amend the delegations of authority in Resolution No. 2007-292. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. 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 authorize he acquisition of right-of-way in either fee simple, or as easements for roadway, drainage and/or utility purposes, as well as temporary construction and driveway restoration easements, within Phase One of the Project corridor, identified on Exhibit "A" (attached hereto by reference and made a part hereof), and stormwater retention and treatment pond sites in fee simple within Phases 1 and 2 of the Project corridor (the Phase Two limits of the project corridor are from East of Everglades Boulevard to East of DeSoto Boulevard), 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 pond 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 for Collier County by licensed real estate appraisers. 5. In view of the differences of opinions between real estate appraisers as to property owner compensation estimates, and in view of the cost of condemnation, the Board hereby authorizes the County Manager or his designee to approve right-of-way, easement, and stormwater retention and treatment pond site purchases where the property owner has agree\;! to sell the required land rights to the County at, or up to twenty five percent (25%) above, Collier County's appraiser'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. Such purchase -Page 2- approvals are hereinafter referred to as "Administrative Settlements." Each and every proposed settlement over one hundred and twenty-five percent (125%) or over $50,000 above the County's appraiser's estimate of full compensation shall require separate Board approval. 6. 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 and Purchase Agreements for right-of-way and/or storm water 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 within the Administrative Settlement provisions of Paragraph 5 (above); and the Board hereby authorizes its present Chairman, and any subsequent 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 an y such other purpose as may be required. 7. 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. 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 authorizes the Finance Department to issue warrants, and/or to make wire transfers, 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. 10. Resolution No. 2007-292 is hereby repealed in its entirety. -Page 3- This Resolution, adopted on this 2l-\ ~ay of oc.to6.r, 2007, after motion, second and majority vote. ,'J, ATTEST: DWIGHT E. BROCK, CLERK ~~tt.OL t u.toaMt s S~.ture oal. , By: JA COLETTA, CHAIRMAN Approved as to form and legal sufficiency: I ; /. A -' D(A (- '. (10 Heidi F. Asthon-Cicko Assistant County Attorney -Page 4. I{ . . . ,- . . , "!- ",. o( .. ~ , : $ .f] 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. PSP1W2 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. 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. 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. PSP3W1 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