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Resolution 2004-330 1682 RESOLUTION NO. 2004- nsL- A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-OF-WAY AND/OR STORMW A TER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCLUSNE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO LOGAN BOULEVARD FROM V ANDERBIL T BEACH ROAD TO IMMOKALEE ROAD. (PROJECT NO. 60166). WHEREAS, the Board of County Commissioners (Board) and G.L.-Hardy, Ltd., on December 17, 2002, entered into standard form Collier County Contribution Agreement for Road Impact Fee Credits No. 2002-009-TR- GL Homes, therein establishing that GL-Hardy, Ltd. by and through GL Homes of Naples II Corporation, shall design and construct the northward extension of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road in exchange for road impact fee credits; and WHEREAS, the design and construction of the northward extension of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road (Project No. 60166) has been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by Hole Montes, Inc., 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. WHEREAS, it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rights required for the construction of the Logan Boulevard Extension between Vanderbilt Beach Road and Immokalee Road (hereinafter referred to as the "Project"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1682 I. The Board has determined that the extension of Logan Boulevard between Vanderbilt Beach Road and Immokalee Road 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 and/or stormwater retention and treatment pond sites, 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 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 001100 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 deeds, 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. -Page 2- 1682 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 between 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 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 of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the landowner 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 and delivery by the property owner of those deeds, 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 125.355, Florida Statutes. II. 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, 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. . In-/+... THIS RESOLUTION ADOPTED on this ~ day of second and majority vote. ~6)iJZ r , 2004, after motion, -Page 3- A TTESI:,':\ . l~'I,:,!) DWIGHT E. BROCK; CLERK ., .....-, .' ~.. lJtb.~~ihoJo, Je . ','. Crerk .~ . . . \' . ~ . .'.' A~~.t .11 . tO~'1''''n' s Sf.pr;,: ~lY. Approved as to form and legjXfdienl: ;l Heidi F:-Ashton Assistant County Attorney 1682 BOARD OF COUNTY COMMISSIONERS OF COLLIER UNTY, FLORJDA ~d~ By: DONNA FIALA, CHAIRMAN -Page 4- Ilem' lfo ~2 ' Agenda 0 W Date I -2(0 ~ . ~:d LO-11-0~ LOGAN BOULEVARD EXTENSION CORRIDOR MAP I ! ! i ---.J ~ alOE CYPRESS BOULEVARD ! ! ~. . ..... . t. 'r .. .. . . -:: -"-"-'--"-'--~--'-"-'--"1.'-'--'-- -_.__.-~.-.,-.._.._..-.._..-..-_._,.-..-'-_.._.._.._.._..- IMMOKA1.EE ROAD RIG~T-OF-WAY _..__._.__,__.._.._.._.._.._.__.._.,_.,_..L.._.. .. .. ..-.--l. ..-..-..- .-..~..-..-..-,._.._..-.._. 16B2 PECIi . . . GOLDEN GATE ESTATES UNIT 97 @ SATLlRNIA LAKES AloT TO ScAu: GOLDEN GATE ESTATES UNIT 96 ISLAND WALK -'-"--'-"-"~"----'--"_.'-'--"--'-r-"-' -.--.. .-.--..-..-.--..----..-..-..-..-..--.--.-..-. ~ VANDE~BILT BEACH R~AD RIGHT-OF-WAY -"-"-"-'--"-"_.'-"-"-"-'._"-'--~'-_.__._'--"-' ~--_.._.._.._.._.._.._.._.__.~--_. ...... ....... ...,...," ---.1 t.-- EXISTING lOGAN BOULEVARD ! ! i i LEGEND: ........................................... (CORRIDOR BOUNDARY)