Resolution 2005-164
RESOLUTION NO. 2005- 164
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
FEE SIMPLE INTERESTS ]N THE PROPOSED RIGHT-OF-WAY, AS WELL AS
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND
TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR
THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
TO COUNTY BARN ROAD FROM DAVIS BOULEVARD TO RATTLESNAKE
HAMMOCK ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 33, PROJECT NO.
60]0]).
WHEREAS, the Board of County Commissioners (Board), on October 26,2004, adopted Ordinance
No. 2004-7] 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. 2004-7 I; and
WHEREAS, the four-lane section of County Barn Road from Davis Road to Rattlesnake
Hammock Road (Project No. 6010]) is one of the capital improvement projects required under the
Transportation Element of the County's Comprehensive Plan; and
WHEREAS, the construction of the transportation improvements and related facilities currently
being designed by American Consulting Engineers of Florida, along the project corridor, as depicted
on Exhibit "A," 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 County Barn Road from two lanes to four
lanes between Davis Boulevard and Rattlesnake Hammock Road (hereinafter referred to as "the
Project") is necessary and is in the best interest of Collier County.
2. The construction and maintenance of the transportation improvements and related facilities are
compatible with the long range planning goals and objectives of the Growth Management Plan for
Collier County.
3. It is necessary and in the be8t interest of Collier County for the Board to acquire a fee simple
interest in the proposed right of way, as well as perpetual, non-exclusive road right-of-way, drainage
and utility easements, and temporary construction easements, and temporary driveway restoration
easements within the project corridor identified on Exhibit "A;" and County Staff is hereby authorized
and directed to acquire said right-of-way and associated easement interests by gift or purchase.
4. The Board hereby directs staff to use independent appraisal reports or internal compensation
estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-
effective manner.
5. The Board, in accordance with the provisions of Section ]25.355, Florida Statutes, hereby
formally waives the requirement for a formal, independent appraisal report for the purchase of a
property where the purchase price of the parcel (the compensation due to the property owner) is less
than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal
report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of
which shall be predicated on "staff compensation estimates" based upon independent appraisals (and
the data therefrom) obtained on similar properties and upon consideration and application of
appropriate market value and cost data pertinent to the subject parcels.
6. Upon the approval by the County Attorney's Office of all documents necessary for the subject
property acquisition, Transportation Division staff is hereby directed to offer immediate delivery to the
respective property owners of compensation (as established by the appraisal or staff compensation
estimates in accordance with the provisions of Section ]25.355, Florida Statutes), in return for the
immediate and proper execution of the respective easements, or other legal documents and/or affidavits
as the County Attorney's Office deems appropriate in order to protect the interests of the County; 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. In those instances where negotiated settlements may be obtained via the "Purchase Agreement"
or "Easement Agreement" mechanism, the Administrator ofthe Transportation Division, or any Project
Manager of his designation, is hereby delegated the authority to approve the purchase ofland interests
above the staff compensation estimate or appraised value and pay normally related costs when it is in
the best interest ofthe Project, within the pro-rata share of the land rights acquisition budget for the
parcel being acquired, only when the difference between the purchase price and compensation estimate
-Page 2-
or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current
purchasing limits established by the Collier County Purchasing Department; provided, Project funding
is available.
8. That the 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.
9. The Chairman ofthe Board is hereby authorized to execute Easement Agreements and
Purchase Agreements where the land owner has agreed to sell the required land rights to the County at
its appraised value or at that amount considered the "Administrative Settlement Amount" as such term
is internally used by the administrative agencies of Collier County.
10. Where the property owner agrees, through the execution of a "Purchase Agreement" or
"Easement Agreement," to convey a necessary interest in real property to the County, and upon the
proper execution by the property owner of those easements or such other legal documents as the Office
of the County Attorney may require, the Board hereby authorizes the Finance Department to issue
warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a
closing statement and which shall be based upon the appraisal or staff compensation estimate in
accordance with this Resolution and the provisions of Section ]25.355, Florida Statutes.
] 1. All title to properties or interests in properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the governing
body of Collier County, F]orida, a po]itical subdivision ofthe 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 thiQit day of ~\ I l , 2005, after motion,
second and majority vote.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ~W. ~
FRED . COYLE, CHA N
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pprove as ,:~lf'I-."..,
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Ellen T, Chadwell
Assistant County Attorney
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-Page 3-
DAVIS BOULEVARD
EXHIBIT A
Page 1 of-L
ADDITIONAL RIW AND
OTHER EASEMENTS TO
BE ACQUIRED ON EITHER
SIDE OF COUNTY BARN
ROAD WITHIN THE BOLD
OUTLINE (TOWNSHIP 50
SOUTH, RANGE 26 EAST,
SECTIONS 8& 17),
lJ
N
50/26/08
..................... .......................................................................... ..... ........................... ............... ....................... ............................................................................................................................
50/26/17
"
RATTLESNAKE HAMMOCK ROAD