Resolution 2000-147
16822
RESOLUTION NO. 2000 - ~
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE
SIMPLE TITLE INTERESTS FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR THE
WHIPPOORWILL LANE PROJECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE SOUTH,
BEING THE INTERESECTION OF THE FUTURE EASTfWEST CONNECfOR ROAD CONNECfING TO
LIVINTSTON ROAD (PHASE ONE)
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 wilI 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
WhippoorwilI Lane and staff was directed by the Board of County Commissioners to pursue the inclusion of the
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 of the 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
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 is consistent with the
County's long range planning effort.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, that:
I. 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 fee simple interests 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
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16822
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 for Collier County.
5. It is necessary and in the best interest of Collier County for the Board to acquire the fee simple title interests
identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the fee simple
title interests on the properties identified in Exhibit" A".
6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal fmn(s)
selected from the list of firms pre-qualified by the Board of County Commissioners. 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 Chapter 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.
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 Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective
easements, or deeds and such 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 for the acquired fee
simple title interest.
9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement
Agreement" mechanism, the Director of the Office of Public Works Engineering, 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 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
Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits established by the Collier County
Purchasing Department; provided, Project funding is available.
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1682Z
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 fee simple title, and 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 goveming 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, said easements or fee simple title and such other instruments as may be required to remove the lien of any
encumbrance from the acquired properties.
THIS RESOLUUON ADOPTED on thi~"'1ay of '7J;~
, 2000, after motion. second and majority vote.
. ,ATTEST: .
DW~GHT~, BROCK, CLERK
.~~~~, )
Attest as to Chlfnaan's
sfgAlture only.
Approved as to form and
TIsufficien1 ~
~ rL . JJ(l^--...----
Heidi F. ASllton
Assistant County Attorney
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THERE WERE NO
EXHIBITS SUBMITTED
WITH THIS RESOLUTION
DOCUMENT