Resolution 1992-342 JUNE 16, 1992
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RESOLUTION NO. 92- l47
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA DECLARING THAT A FEE SIMPLE INTEREST IN REAL
PROPERTY IS THE PREFERRED INTEREST SOUGHT FOR THE ACQUISITION OF
RIGHT-OF-WAY FOR TRANSPORTATION CAPITAL IMPROVEMENT PROJECTS,
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AND SETTING FORTH THE RATIONALE THEREFORE.
WHEREAS, the construction of transportation improvements, as •
identified in the Transportation Element of the Comprehensive Plan
for Collier County, shall in many instances require the acquisition
of right-of-way by either gift, purchase or condemnation; and
WHEREAS, right-of-way for transportation improvements may be
purchased or condemned either as an easement over, under, upon and
across the land; or the fee simple interest in the land itself may
be purchased or condemned; and
WHEREAS, full compensation, as required by the Constitution of
the State of Florida, for the easement rights purchased or
condemned for transportation improvements is tantamount to the full
compensation required for the purchase or condemnation of the fee •
simple estate in property (between 90% and 100% of the fair market
value of the lands so appropriated, depending upon the property's
coning and the appraiser's judgment); and
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WHEREAS, the purchase or condemnation of the full fee simple
estate in lands required for near term transportation improvements
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provides the County with a degree of control over the right-of-way
which is superior to the control afforded by an easement only, and
which, in many instances, may produce cost savings on future public
works improvement projects by gaining the maximum flexibility over
the uses permitted in the right-of-way so acquired.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that in consideration of
long range planning and present day costs for transportation
improvement projects, and in the interest of exercising the maximum
degree of control over public road right-of-way which may allow the
County to realize substantial savings by locating future public
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JUNE 16, 1992
fir, " ' works projects within the acquired area, County staff is hereby
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tt " � �' directed to purchase or condemn transportation road right-of-way in
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M �•',1 ' fee simple an the preferred method of exerclning mnxlmum control
' 1# over the right-of-way in order to construct any anticipated capital
i ,i improvement projects. ,
I R s,. } IT IS FURTHER RESOLVED that in those instances in which the
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purchase of a full fee simple estate cannot be negotiated by County -
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j staff, and the costs associated with a condemnation of the full fee 1
simple estate may outweigh the future benefits contemplated by full
It • County ownership of the right-of-way, and where the owner of the
1 property is willing to convey a perpetual, non-exclusive, road
,I right-of-way easement over, under, upon and across the property
in compliance with the requirements of the transportation
improvement
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,, p s, along with the right to construct and install
i subordinate utility and drainage improvements, County staff is
I directed to negotiate a reasonable settlement for the purchase of
said easement, subject to Board approval, in lieu of proceeding
with an action in eminent domain against the subject property.
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' 3 IT I8 FURTHER RESOLVED that, notwithstanding the future
i� � i' ', Zt benefits to be derived by the County arising from a fee simple
acquisition of the public right-of-way, there exist those
, f' circumstances where the severance damages to remaining lands, as a
fir;' ,± result of the taking of the fee simple estate for the
r! 1 G transportation project, is of such an extent as to warrant the
purchase or condemnation of a lesser estate easements interest in
` + �' order to mitigate or eliminate such damages; and in such instances I.i 4i County staff is hereby directed to undertake such analyses of
future benefits vs. current costs as are relevant to the
� determination as to the specific interest in real property the
County should acquire for the instant project, and County staff may
make such purchase offers, or prepare such pleadings in eminent
Idomain, as may be necessary to mitigate or eliminate severance
i } damages, and reduce total project cost.
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! } ' JUNE 16, 1992
„/ :; • I UPON MOTION, SECOND AND MAJORITY VOTE, THIS RESOLUTION ADOPTED
THIS /d DAY OF _
1992.
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ATTEST': `� .; BOARD OF COUNTY COMMISSIONERS
O$ OLL ER F UNTY, FLORIDA
es C. Oi Michael J. V 1pe, Chairman
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Apprbtaed^f 'r Form and
egal fficiency
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D nnis P. ronin
Assistant County Attorney
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