Backup Documents 12/15/2009 Item #10D
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP! 0 D I~.
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THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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Route to Addressee(s) Office Initials Date
(List in routing order)
I.
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2. --
--
3. -
4. -
5. Ian Mitchell, BCC Supervisor Board of County Commissioners ~ 11.1\$
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6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contoct is the holder of tile original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of1he addressees above, inclu:ling Sue Filson, need to ccntact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item)
Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843
Contact
Agenda Date Item was December 15,2009 Agenda Item Number '~ I OJ)
Approved by the BCC
Type of Document Resolution Number of Original One
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
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The document was approved by the BCC on 12-15-09 (enter date) and all changes
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Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
N/A
9
I: Forms! eOlmty Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09
1001
MEMORANDUM
Date:
December 16, 2009
To:
Robert Bosch, ROW Coordinator
TECM Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-305: Authorizing Condemnation of a
Fee Simple Interest Parcel and a Temporary Construction
Easement Parcel Required for Improvements to the
Collier Boulevard (Project No. 60092) and
Davis Boulevard (Project No. 60073) Intersection
Attached, per your request are two certified copies of the document
referenced above, (Agenda Item #10D) adopted by the Board of County
Commissioners on December 15, 2009.
The original Resolution will be held in the Minutes and Records Department
as part of the Board's permanent record.
If you should have any questions, please call me at 252-8406.
Thank you.
Attachments (2)
eobUl1.ty_
Transportation Services Division
laD '1
ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Board Minutes and Records
DATE:
December 16,2009
FROM: Robert Bosch, ROW Coordinator - TECM (Tel. 252-5843) ~~
SUBJECT: Condemnation Resolution 2009- _: Collier Boulevard Project No. 60092
Please arrange for the Chairman of the BCC to execute the attached Condemnation Resolution
(Resolution # 2009---> and return two certified copies via interoffice mail for my attention to
the Transportation ROW Department at 2885 S. Horseshoe Dr., Naples, FL 34104. Please do
not also request the Clerk of Courts to record this document in the Public Records of Collier
County.
Project No:
Fund I Cost Center:
Object Code:
60092
336-163656
649030
Thank you.
100
.~
RESOLUTION NO. 2009- 305
A RESOLUTION AUTHORIZING CONDEMNATION OF A FEE SIMPLE INTEREST
PARCEL AND A TEMPORARY CONSTRUCTION EASEMENT PARCEL
REQUIRED FOR THE CONSTRUCTION OF REDESIGNED IMPROVEMENTS TO
THE INTERSECTION OF COLLIER AND DAVIS BOULEVARDS. (COLLIER
BOULEVARD PROJECT NO. 60092).
WHEREAS, the acquisition of right-of-way for the construction of six laning and associated
improvements to Collier Boulevard from South of Davis Boulevard to Golden Gate Main Canal
(Collier Boulevard Project No. 60092) (hereinafter referred to as "the Project"), is included in Co1lier
County's Five Year Transportation Work Program; and
WHEREAS, plans and specifications have been prepared for construction of the Project; and
WHEREAS, on June 24th, 2008, the Board adopted Resolution No. 2008-199, finding public
purpose and necessity and authorizing the condemnation of land and easements required for the
construction of the Project; and
WHEREAS, a portion ofthe Project (hereinafter referred to as "the redesigned intersection
improvements") has since been redesigned, providing improved safety at the intersection of Collier and
Davis Boulevards, and requiring an additional fee simple interest parcel and temporary construction
easement parcel; and
WHEREAS, the location for the construction of the proposed redesigned intersection
improvements has been fixed by survey and is collectively represented by the legal descriptions
comprising Exhibit "A", attached hereto and incorporated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of alternatives for the redesigned intersection improvements, various impacts upon
the environment, long range planning options, and public safety considerations, the Board desires to
exercise its right to condemn property for public purposes.
10D'1
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board
that the redesigned improvements to the intersection of Collier and Davis Boulevards ("the redesigned
intersection improvements"), being a portion of Collier Boulevard Project No. 60092 ("the Project"),
are necessary and in the public's best interest in order to protect the health, safety and welfare of the
citizens of Collier County.
AND IT IS FURTHER RESOLVED that the acquisition of land and easements for construction
of the redesigned intersection improvements, as part of the Project, is an integral part of the County's
long range planning effort, and is included in the Transportation Element of the County's
Comprehensive Plan for Growth Management, as approved by the Florida Department of Community
Affairs.
AND IT IS FURTHER RESOLVED that the Board has reviewed the staff reports and
presentations concerning alternative alignments for construction of the redesigned intersection
improvements, and the costs associated with their design, property rights acquisition and construction,
as well as public safety and welfare considerations associated with the design and construction of the
redesigned intersection improvements, and various impacts to the environment; and the Board finds
that after consideration of these issues, the most favorable alignment for construction of the proposed
redesigned intersection improvements is collectively represented by the legal descriptions comprising
Exhibit "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the redesigned intersection
improvements, it is necessary for the Board to acquire the fee simple interest parcel and the temporary
construction easement parcel described in Exhibit "A".
AND IT IS FURTHER RESOL VED that all property shall be put to public purposes.
-Page 2-
100 ,.~
AND IT IS FURTHER RESOLVED that the County staff and Office of the County
Attorney are hereby authorized and directed to immediately acquire by gift, purchase or
condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the
fee simple interest parcel and the temporary construction easement parcel more particularly
described in Exhibit "A," attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property
sought to be acquired and therefore it will not be necessary to remove any mobile homes from
the property to be acquired,
This Resolution, adopted on this 15Tff day of lJF.:Cl:M ~Ek ,2009, after motion,
second and majority vote,
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DWIGH'f Ei':BROCK; CLERK
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By:
Approved as to form and
legal ufficiency: 4 /'
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H idl Ashton- icko
Section Chief, Land UselTransportation
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SECTION 34
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PARCEL I09FEE2
FEE SIMPLE INTEREST
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PARCEL
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N8lrW01"W SECTION ~
DAVIS BOULEVAlfo---;Q067 - SECTION 2
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GRAPHIC SCALE
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LINE TABLE
LINE LENGTH SEARING
II 20.00 N '44'O'"W
L2 8.77 N89" 4'Ql"W
L3 32.08 N50'16'2J~E
L4 6.04 511"1,3'06"[
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EXHIBIT "A"
PARCEL 109FEE2 Page 1 of 2
T F Ii.. C.tvL OeD!
A portion of Section 'St: TOwnship 49 South.
Range 26 Eost, Collier County, F"lorido. Also
being a portion of those lends described in
Officiol Records Book 699, page 1723 of the
Public Records of Collier County, Florida. Being
more particulorly described as follows:
Commencing at the southeast corner of Section
34, Township 49 South, Range 26 Easl. Collier
County, Florida: thence North 89'44'01~ West
along the South line 01 said Sectio,., 34, 0
distance of 100.67 feet: thence North
00'15'59~ Eo!!t, a dl!!tonce of 50.00 feet to
the southeast corner 01 those lands described
in Officiol Records Book 599, poqe 1723 of
the Public Records of Collier County. Florida,
said point olso beinq the intersection of the
North right-of-way line of Davis Boulevard and
the West right-or-way line of Collier Boulevard:
thence North 89'44'0'" West alonq the North
right-aI-way li"'e al said Davis Boulevard, a
distance af 20.00 feet to the Point of
Beginning: thence continuing along said
right-Of-way line Narth 89'44'01" West 8.77
feet; thence North sa 1 5'23" East. 0 distance
01 J2.08 leet to a point on the West
right-aI-way line 01 said Collier Boulevard;
thence South 11"' .3'05" East along said West
right-of-way line, 0 distance of 6.04 feet;
thence leaving soid right-of-way line South
49'25'J2" West 22.49 leet to the POINT OF
BEGINNING.
Contoininq 150.0 sQuare feet, more or less.
NOTES:
1. This is not a survey.
2. Basis of bearing is the East line of
Section 34, Township 495., Range 26E.. Collier
County, Florida. being N 00"29'29" W, Florida
State Plane Coordinates NAD 83/90, East
Zone.
3. Subject to easements. reservalions and
restrictions of record.
4. Easements shown hereon ore per plot.
unless otherwise noted.
5, Dimensions ore in feet and decimals
thereof.
6. Certificate of outhorizotian LB 43.
7. R/W represents Right-of-Way.
8, P.D.B. represents Point of Beginning.
9. P.O.C. represents Point of Commencement.
10. O.R, represents Official Records.
11. L.B.E. represents Landscape Buffer
Easement.
12. U.E. represents Utility Easement.
13. F.P.L.E. represents Florida Power & Light
Easement.
14. D.E. represents Drainage Easement.
, 5. S.E. represents Sidewalk Easement.
16. P.U.E. represents Public Utility Easement.
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BRADLEY E. STOCKHAM, P.S.M. (FOR THE FIRM)
FLA. L1C. NO. 6390
NOT VALID WITHOUi THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey.
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PARCEL 109TCE2
TEMPORARY CONSTRUCTION EASEMENT
DURATION: 3 YEARS FROM DATE OF CONVEYANCE "'l-
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I ~II :A::~~O~O:fTCsEe:tiOn 34, Township 49
South, Range 26 Eost, Collier County,
Florida, Also being 0 portion of those lands
described in Offlciol RecordS Book 699. pege
1723 of the Public Records of Collier
County, Florida. Being more particularly
described os follows:
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SECTION 34
SECTION J
l11 NOO"Y~9.E f
poa ~50,OO'
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DAVIS 80U~E~ARD 129:4;:-- SECTION 2
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GRAPHIC SCALE
LINE TABLE
LINE LENGTH BEARING
Ll 7.78 N89'44'Ol"W
L2 40,76 N5 "6'2S'E
U 5.69 511'13'05"[
L4 32.08 550'16'2 "w
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EXHIBIT "A"
Page 2 of 2
Commencing ot the southeost corner Section
34, Township 49 South, Range 26 East,
COllier County, tloridO; thence North
89'44'01~ West along the South line of said
Section 34, 0 distance of 129.44 feet;
thence North 00'15'59" Eost, 0 distance of
50,00 feet to 0 point on the North
right-af-woy line of Davis Boulevard said
point also lying on the Soutl'1 line of those
lands described in Official Records Book
699, page 1723 of the Public Records 01
Collier County, Florida, also being the POINT
OF BEGINNING: thence North 89'44'01" West
along the North right-of-way line of said
Davis Boulevard, 0 distance of 7.78 feet:
thence North 50'16'23" Eost, 0 distance of
40.76 feet to 0 point on the West
right-of-way line of Collier Boulevard:
thence South 11'13'06" East along said
West right-ol-way line, 0 distance of 5.69
feet; thence South 50'16'23" West, 0
distance of 32.08 feet to the POINT OF
BEGINNING.
Containing 182.0 square feet, more or less.
NOTES:
1. This is not 0 survey.
2. Basis of bearing is the East line of
Section 34, TownShip 495.. Range 26E.. Collier
County, Florida, being N OO'29'29~ W, Florida
State PI one Coordinates NAD 83/90, Eost
Zone,
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon ore per plot,
unless otherwise noted.
5. Dimensions ore in feet and decimals
thereof.
6. Certificate of authorization LB 43.
7. R/W represents Right-of-Way.
8. P.O.B. represents Point of Be9inning.
9. P.O.C. represents Point of Commencement.
10. O.R. represents Officio! Records.
11. L.B.E. represents Landscape Buffer
Easement
12. U.L represents Utility Easement.
13. F.P.l.E. represents Florida Power & Light
Easement.
14. D.E. represents Drainage Easement.
, 5. S.E. represents Sidewolk Eosement.
, 6. P.U.E. represents Public Utility Easement.
d~cJ2~ 11-/0-<4
8RADL~OCKHAM, P.S.M, (FOR THE FIRM)
FLA. Lie, NO. 6390
NOT VALID WITHOUT THE SIGNArURE AND THE
ORIGINAL RAISED SEAL OF A rLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey.
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