Resolution 2002-203
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RESOLUTION NO. 2002-~
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
RIGHT-OF-WAY IN FEE SIMPLE TITLE, AS WELL AS PERPETUAL, NON-
EXCLUSIVE 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 FOR THE GOLDEN GATE
PARKWAY SIX-LANING PROJECT FROM AIRPORT ROAD TO SANTA BARBARA
BOULEV ARD (PROJECT NO. 60027).
WHEREAS, due to continually increasing traffic volumes on Golden Gate Parkway, and due to
the pending construction of a new interchange on Interstate 1-75, it is now necessary and it is in the
best interests of the citizens of Collier County to expand the capacity of Golden Gate Parkway from
four lanes to six lanes between Airport Road and Santa Barbara Boulevard; and
WHEREAS, in October 1999, after review of the AUIR (Annual Update and Inventory
Report), the expansion of Golden Gate Parkway from four lanes to six lanes between Airport Road and
Santa Barbara Boulevard was added to the five year work program by the Board of County
Commissioners; and
WHEREAS, on November 28, 2000, the Board of County Commissioners approved a
negotiated contract for professional engineering services with the firm of RW A, Inc., for the design of
six-Ianing improvements to Golden Gate Parkway, Project No. 60027 (CIE No. 073); and
WHEREAS, RW A, Inc., has produced a 60% design plan which shows the need for additional
right-of-way along the north and south side of Golden Gate Parkway from Airport-Pulling Road / CR-
31 to Santa Barbara Boulevard, and additional drainage/utility easements along both the east and west
sides of the existing roadway easements on 70th Street SW, 68th Street SW, 66th Street SW, 60th Street
SW, and 58th Street SW; and
WHEREAS, the construction of the transportation improvements and related facilities
currently being designed by RW A 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.
168 1
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 Golden Gate Parkway from four lanes to six
lanes between Airport Road and Santa Barbara Boulevard 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 fee simple
right-of-way parcels, as well as perpetual, non-exclusive road right-of-way, drainage and utility
easements, and perpetual, non-exclusive drainage and utility easements, and temporary construction
and 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 ne4:essary 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, Real Property Management Department 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
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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 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 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 125.355, Florida Statutes.
11. 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.
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.
THIS RESOLUTION ADOPTED on this Z.3 day of ~ -^~ ,-' ,2002, after motion,
second and majority vote.
,_..... ~""'
BOARD OF COUNTY COMMISSIONERS OF
B"COLL~~~
JAM:M"N. COLETTA., CHAIRMAN
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~. . ,,~I,~'E','~~...OCK, CLERK
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Attnt, ~~'U'Ch.ir'lllft'
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Approved as to lcrrm and
ZZ'VV'd~
Ellen T. Chadwell
Assistant County Attorney
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