Resolution 2002-036
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RESOLUTION NO. 2002-~
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, 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 a right-of-way by either gift, purchase or condemnation; and
WHEREAS, the 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 tantamou~ the
full compensation required for the purchase or condemnation of the fee simple estate in property
(between 90 percent and 100 percent of the fair market value of the lands so appropriated,
depending upon the property's zoning and the appraiser's judgment); and
WHEREAS, the purchase or condemnation of the full fee simple estate in lands required for
near-term transportation improvements 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 oflong-range
planning and present-day costs for transportation improvement projects, and in the interest of
exercising the maximum degree of control over the public road right-of-way which may allow the
County to realize substantial savings by locating future public works projects within the acquired
area, County staff is hereby directed to purchase or condemn road right-of-way in fee simple as the
preferred method of exercising maximum control over the right-of-way in order to construct any
anticipated capital improvement projects.
AND IT IS FURTHER RESOLVED that in those instances in which the purchase of a full
fee simple estate cannot be negotiated by County staff, and the costs associated with a condemnation
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ofthe full fee simple estate may outweigh the future benefits contemplated by full County
ownership of the right-of-way, and when the owner of the property is willing to convey a perpetual,
"non-exclusive", road right-of-way easement over, under, upon and across the property in
compliance with the requirements of the transportation improvements, along with the right to
construct and install subordinate utility and drainage improvements, together with access and
temporary construction easements, County staff may negotiate a reasonable settlement for the
purchase of said "non-exclusive" easement, subject to Board approval.
AND IT IS FURTHER RESOLVED that, notwithstanding the future benefits to be derived
by the County arising from a fee simple acquisition of the public right-of way, there exists those
circumstances where the severance damages to remaining lands, as a result of the taking of the fee
simple estate for the transportation proj ect, is of such an extent as to warrant the purchase or
condemnation of a lesser estate in the form of an easement interest in order to mitigate or eliminate
such damages; and in such instances 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.
THIS RESOLUTION ADOPTED on thi,~ day oh 2002 aft" motion, ,,,ond and
majority vote.
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Approved as to form and
legal sufficiency:
By:
BOARD OF COUNTY COMMISSIONERS
OFCO~~~
Chairman
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Heidi F. Asliton
Assistant County Attorney
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