Resolution 2001-246
16810
RESOLUTION NO. 2001 - ~
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND
MAINTENANCE EASEMENTS AND PERPETUAL, NON-EXCLUSIVE SLOPE AND
UTILITY EASEMENTS FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND
UTILITY IMPROVEMENTS FOR THE PHASE I WHIPPOORWILL LANE PROJECT
FROM PINE RIDGE ROAD SOUTH A DISTANCE OF APPROXIMATELY ONE (1)
MILE.
WHEREAS, on January 11,2000, Item 8(a)(3), the Board of County Commissioners (Board),
approved a proposal to prepare regulations to insure that properties in North Naples (Sections 18 and
19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public
roads, storm drainage, water and sewer utilities; and
WHEREAS, preliminary staff analysis indicates that an additional five hundred (500) dwelling
units utilizing Whippoorwill Lane for access will cause significant operational difficulties at the future
signalized intersections with Pine Ridge Road; and
WHEREAS, Whippoorwill Lane is needed as a public road and this public road will provide a
valid public benefit; and
WHEREAS, on March 14,2000, Item 12(b)(3) and 12(b)(4), the Board of County
Commissioners were petitioned by Developers within the Whippoorwill Lane area to approve the
required infrastructure for the construction of Whippoorwill Lane and staff was directed by the Board
of County Commissioners to pursue the inclusion ofthe Whippoorwill Lane Project into the Capital
Improvement Element of the Growth Management Plan, initiate the acquisition of the required land
interests, and to expedite the advancement of construction of Whippoorwill Lane; and
WHEREAS, alternate locations, environmental factors, long range planning, cost variables,
concurrence, safety and welfare considerations have been reviewed as they relate to the
implementation of said transportation improvements; and 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 Whippoorwill Lane Project between
Pine Ridge Road to a point one mile south being the intersection ofthe future east/west connector road
connecting to Livingston Road (Phase I), hereinafter referred to as "Project" as identified on Exhibit
"A" attached hereto and incorporated herein by reference; and
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WHEREAS, the design and construction of said transportation improvements and related
facilities have 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
contemplated by the Project 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board has considered the environmental factors, safety factors and fiscal considerations
relating to the final adopted location of the transportation improvements and related facilities.
2. The perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements
and the perpetual, non-exclusive slope and utility easements identified on Exhibit "A" are the most
feasible locations, both necessary and consistent with the project requirements, in order to permit the
construction and maintenance of the transportation improvements and related facilities for the
Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being the intersection
of the future east/west connector road connecting to Livingston Road (Phase I).
3. The Board has determined that the construction and maintenance of the Whippoorwill Lane
transportation improvements and related facilities are necessary for a public purpose and is in the best
interest of Collier County.
4. The construction and maintenance of the transportation improvements and related facilities are
compatible with the long range planning goals and objectives ofthe Growth Management Plan for
Collier County.
5. It is necessary and in the best interest of Collier County for the Board to acquire the perpetual,
non-exclusive road right-of-way, drainage, utility and maintenance easements and the perpetual, non-
exclusive slope and utility easements identified on Exhibit "A;" and County Staff is hereby authorized
and directed to acquire by gift or purchase the perpetual, non-exclusive road right-of-way, drainage,
utility and maintenance easements and the perpetual, non-exclusive slope and utility easements
identified in Exhibit "A."
6. The Chairman ofthe Board is hereby authorized to execute Appraisal Agreements with the
appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners.
-Page 2-
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The Board further directs staff to use 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.
7. 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 ofthe 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.
8. 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 the full 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 ofthe 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.
9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement"
or "Easement Agreement" mechanism, the Director of the Transportation Engineering and Utilities
Department, or his designee, is charged with the responsibility for completion of various capital
improvement projects, and is hereby delegated the authority to approve the purchase ofland 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.
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168104
10. 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.
11. 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.
12. Where the property owner agrees, by sworn affidavit or agreement ("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.
13. 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, staffis
hereby authorized to record in the Public Records of Collier County, Florida, said easements or other
instruments as may be required to remove the lien of any encumbrance from the acquired properties.
14. This Resolution supersedes Resolution 2000-414 approved by the Board of County
Commissioners on November 14,2000.
. r 'THIS RESOLUTION ADOPTED on thi~ay of ~' -L,.../ ,2001, after motion,
. 'Second andinajo,rity vote.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FL DA
A TT,EST:
~WIGHT E. BROCK, CLERK
ARTER, Ph.D., CHAIRMAN
~/~/o/
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Attest IS to Cha1naan's
Sfgnlture on1J
Approved as to form and
legal sufficiency:
~~t~
Heidi F. Ashton
Assistant County Attorney
-Page 4.
WHIPPOORWill lANE
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PROJECT CORRIDOR & PUD MAP
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ARLINGTON LAKES
(98.36 acres / 590 units)
HORSE FARM
+/- 20 Acres
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(19.58 acres /72 units)
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296 VS. 226 UNITS,:
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(LIVINGSTON VILLAGE)
(148.98 acres 1 540 units)
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SUTHERLAND PUD
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SEAGATE BAPTIST
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WHIPPOORWILL LAKES
(76.83 acres 1518 units)
WHIPPOORWILL
PINES
(29.54 acres 1210 units)
WHIPPOORWILL WOODS
(83.92 acres /462 units)
Slope and Utility Easement
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