Resolution 2011-023
RESOLUTION NO. 2011-1..1.-
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR
PURCHASE OF THOSE PERPETUAL AND TEMPORARY EASEMENT
INTERESTS NECESSARY FOR THE CONSTRUCTION OF
STORMWATER IMPROVEMENTS KNOWN AS THE OUTFALL 3 AND 4
SEGMENTS OF THE LELY AREA STORMWATER IMPROVEMENT
PROJECT. (PROJECT NO. 51101.)
WHEREAS, on June 8, 2004, the Board of County Commissioners of Collier County,
Florida adopted Resolution No. 2004-205, authorizing the acquisition by gift or purchase of land
and easements required for the construction of stormwater improvements known as the Lely
Area Stormwater Improvement Project ("LASIP"), located in east Naples; and
WHEREAS, since the adoption of the aforesaid resolution several segments of the LASIP
project have been designed and permitted, the land and easements have all been acquired, and in
most cases the construction has already been completed; and
WHEREAS, plans and specifications have been prepared for construction of stormwater
improvements known as the Outfall 3 and 4 segments ("Outfalls 3 and 4") of LASIP, which
require easements to be acquired before construction may begin; and
WHEREAS, estimates of the cost of easement acquisition required for Outfalls 3 and 4
have recently been completed; and
WHEREAS, the Board of County Commissioners, after considering the current estimated
cost of acquiring the property rights necessary to begin construction on Outfalls 3 and 4, desires
to reaffirm the delegation of authority to acquire said easements by gift or purchase; and
WHEREAS, the acquisition of the easements and the construction of Outfalls 3 and 4,
within the boundaries depicted in Exhibit "A", attached hereto and incorporated herein, is in the
best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I . The Board has determined that construction of stormwater improvements known as the
Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project, Project No. 51101,
is necessary and is in the best interest of the citizens of Collier County.
2. The acquisition of various easement interests required for the construction of the Project
is an integral part of the County's long range planning effort, and is included in the Capital
Improvement Element of the Collier County 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 Drainage Easements, Drainage Access and Maintenance Easements, and
Temporary Construction Easements to enable construction of stormwater improvements known
as the Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project, within the
Project boundaries identified in Exhibit "A" (attached hereto and by reference made a part
hereof), and the County Manager or his designee is hereby authorized and directed to acquire
said easements by either gift or purchase.
4. The Board hereby directs the County Manager or his designee to make purchase offers to
property owners for the easements required to construct the project, which offers shall be based
upon estimates of the market value of the subject real estate which have been developed by
licensed state-certified general real estate appraisers.
5. In view of the differences of opinions between real estate appraisers regarding market
value and full compensation to property owners, and in view of the cost of condemnation, the
Board hereby authorizes the County Manager or his designee to approve purchases of easements
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where the property owner has agreed to sell to the County at, or up to twenty five percent (25%)
above the County's full compensation estimate, with the maximum approval authority not to
exceed $50,000 over the County's appraiser's full compensation estimate, and the Board hereby
authorizes the approval and execution of Closing Statements related to said transactions by the
County Manager or his designee. Any and all purchases in excess of one hundred and twenty-
five percent (125%) of the appraiser's full compensation estimate, or in excess of $50,000 above
the appraiser's full compensation estimate, whichever amount is the lesser of the two, 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, utility subordination and facility relocation
agreements, and/or other documents approved by the Office of the County Attorney to close real
estate transactions, where the property owner has agreed to sell to the County at appraised value,
or within the parameters stipulated in Paragraph 5 (above).
7. Said 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. The Board hereby authorizes the Finance Department to issue warrants, and/or to make
wire transfers, payable to the property owner(s) of record, to title companies and attorneys
closing real estate transactions, and to others who may possess an equitable interest in the subject
real property parcels in those amounts as shall be specified on a Closing Statement.
9. All title to real property which has been acquired 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
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authorized to record in the Public Records of Collier County, Florida, conveyance instruments
such as easements. as well as any other instruments that may be required to remove, release or
subordinate the lien of any encumbrance on the subject real estate, in order to effect constructive
notice of the County's interest in real property.
This Resolution, adopted on this 2 S- T ~ day of .J /111.1 V.4 .z..v
, 20 II , after motion,
second and majority vote,
ATIEST- 'I -... .,,!
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DWIGlfF E, BROCK,.CLERK
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: FR~t~O~E. ~N
Approved as to form and
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Assistant County Attorney
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EXHIBIT A
PROJECT LOCATION MAP
(EASEMENT ACQUISITION AREAS BORDERED BY DASHED LINES)
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