Resolution 2006-107
RESOLUTION NO. 2006- 107
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
FEE SIMPLE INTERESTS IN 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 OIL WELL ROAD FROM IMMOKALEE ROAD TO
CAMP KEAIS ROAD (PROJECT NO. 60044).
WHEREAS, the Oil Well Road project was adopted in the Metropolitan Planning
Organization's Transportation Improvement Program on June 11,2004, which is included in the
Collier County Growth Management Plan by reference.
WHEREAS, the Oil Well Road Project was added to the County's work program in
December 2004 during the 2005 Annual Update and Inventory Report adoption meeting; and
WHEREAS, the construction of the transportation improvements and related facilities
cUlTently being designed by CH2MHill, 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 conculTency 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 Oil Well Road two lanes to four lanes
between Immokalee Road and Everglades Boulevard, and from two lanes to six lanes between
Everglades Boulevard and Camp Keais Road (hereinafter refelTed 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 best 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-
effecti ve manner.
5. The Board, in accordance with the provisions of Section 125.355, 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 125.355, 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 of the Transportation
Division, or any Project Manager of his designation, is hereby delegated the authority to approve
the purchase of land interests above the staff compensation estimate or appraised value and pay
normally related costs when it is in the best interest of the Project, within the pro-rata share of the
land rights acquisition budget for the parcel being acquired, only when the difference hetween the
purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand
and 00/100 Dollars ($25,000.00) or the current purchasing limits estahlished hy the Collier County
Purchasing Department; provided, Project funding is availahle.
-Page 2-
8. That the settlement approval authority is delegated hy the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
9. The Chairman of the 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 walTants, 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 125.355, Florida Statutes.
11. All title to properties or interests in properties which have heen obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the
governing hody 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 _ day of
second and majority vote.
, 2006, after motion,
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
BY:~~~
FRANK HALAS, CHA .-/
by.. f1Lw ~,(.
J , Dcp y Clerk
Attest .. toChl1n14ft i
t10nlturt on;'
Approved as to form and
leg~l sufficiency:
/ . /"
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i~ . ~ ~'../ ......< ...'t...,L -(..... - --~~,,~
"Ellen T. Chadwell
Assistant County Attorney
-Page 3-
Oil WEll ROAD RIGHT-OF-WAY ACQUISITION CORRIDOR
CAMP KEAIS ROAD
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