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Resolution 2008-064 RESOLUTION NO. 2008. 64 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF LANDS NECESSARY FOR THE CONSTRUCTION OF STORMWATER RETENTION AND TREATMENT PONDS REQUIRED FOR THE EXPANSION OF RANDALL BOULEVARD FROM IMMOKALEE ROAD TO DESOTO BOULEVARD (PROJECT NO. 60065.) 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 Growth Management Plan was adopted in Ordinance No. 2005-25; and WHEREAS, the expansion of Randall Boulevard from Immokalee Road to DeSoto Boulevard (Project No. 60065) is one of the capital improvement projects required under the Transportation Element of the County's Growth Management Plan; and WHEREAS, the acquisition and construction of storm water retention and treatment ponds along the project corridor, in the locations collectively depicted in Exhibit "A" 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: 1. The Board has determined that the expansion of Randall Boulevard from Immokalee Road to DeSoto Boulevard, Project No. 60065 (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 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 stormwaler retention and treatment pond sites in fee simple in the locations collectively depicted in Exhibit "A" 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 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 opinion between real estate appraisers as to property owner compensation estimates, and the cost of condemnation, the Board hereby authorizes the County Manager or his designee to approve stormwater retention and treatment pond site purchases up to the lesser of twenty five percent (25%), or fifty thousand dollars ($50,000), above Collier County's appraiser's estimate of full compensation to the property owner. Such purchase approvals are hereinafter referred to as "Administrative Settlements." Each and every proposed settlement over twenty-five percent (25%), or over fifty thousand dollars ($50,000), above Collier County's appraiser's estimate of full compensation to the property owner 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 Purchase Agreements for 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 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 any 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" 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 stormwater retention and treatment sites, in those amounts as shall be specified on a Closing Statement. -Page 2- 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 II Tit day of ;l{ if ~ C H ,2008, after motion, second and majority vote. ATTEST: DWIGHT E. BOARD OF COUNTY COMMISSIONERS OF COLLr:YOUNT LORID~ By: ~ TOM HE . NING, A It "~~t" S 1 Q1I.tu..t 001'.-" Approved as to form and legal sufficiency: LCLz ~J (" L4.~~ Assistant County Attorney -Page 3- CORK~ CREW CANAL - - - - - - - ..-I 8TH ST NEJ ( \ - ~ EXHIBIT A Page _1_ of-..f. \.., ~ - \ "\ ',', r- r- OJ o C r- m < > ;0 C C ;0 > z > Q m OJ > en ~~ Il2' n ( ~ m c OJ -< OJ o r- C OJ o c z c > ~ C z m en " ., ......., ~ -l :J: ~ m z m ......... ~ ~ z ~ r r~ tc"- < _0 I - - '. " \ " '\ ',' &1' ~o ~ '1ii' .,.. T ~ ':P' g: ,0' ~ "-- -I- ~ r m -l n 01- <?- mI- ~- ~= '\ \ \...\ -y >l.- l ~ \: \.'XY \\\ ../ .,., ) #;1. ,~ 'i!~Ol! !f#~ -211!- / /' ~ z c > EXHIBIT A Page 'l of 6 18TH ST NE , ',Vo. I " ~ ;.)jj -..J,.... ~:J' ~'] - .f--- ~ II-" '-~ i= 0 _ ;;r;J -.> ,.., ~I~L 1f _ C;I = ~ -l - <: ::c - m ~ ~ -l - w. - ;;r;J m - r z - ~ m '--' f- . 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