Resolution 2006-156
RESOLUTION NO. 2006- 156
A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE AND/OR
THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY
FOR THE CONSTRUCTION OF THE SIX LANING AND ASSOCIATED
IMPROVEMENTS TO COLLIER BOULEVARD FROM U.S. 41 TO THE GOLDEN
GA TE MAIN CANAL. (CAPITAL IMPROVEMENT ELEMENT NO. 86, PROJECT
NO. 60001).
WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted
Ordinance No. 2004-71 therein establishing the Capital Improvement Element of the Growth
Management Plan in order to establish priorities for the design, acquisition and construction of
the various capital improvement projects; and
WHEREAS, the Transportation Element of the County's Comprehensive Plan was
adopted in Ordinance No. 2004-71; and
WHEREAS, the six-lane section of Collier Boulevard from U.S. 41 to Golden Gate Main
Canal (Project No. 60001) is one of the capital improvement projects required under the
Transportation Element of the County's Comprehensive Plan; and
WHEREAS, the location for the construction of the proposed 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 the project alternatives, 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.
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 expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal
(hereinafter referred to as "the Project") is 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 construction 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 County Staff has reviewed alternative
locations for the Project, and the costs associated with the design, property rights acquisition, and
construction of the project, as well as public safety and welfare considerations associated with
the design and construction of the Project, and various impacts to the environment, and the
Board finds that after consideration of these issues, the most feasible locations for construction
of the proposed 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 Project as designed, it
is necessary for the Board to acquire various real property interests described in Exhibit "A" to
wit: fee simple title interests and/or those perpetual easement interests.
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to
immediately acquire by gift, purchase or condemnation in accordance with the provisions of
Chapters 73, 74 and 127, Florida Statutes, the above referenced real property interests 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.
r) ,", Trt .'T-
This Resolution, adopted on this d u- day of ) U 1'-\.1::
second and majority vote.
, 2006, after motion,
A TrEST:
DWIGHT E. BR~
~~~Q . Nh:
, Att,st I. to Chatrlll I
ttqnatUt"'9"onlJ!
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, F IDA
By:
FRANK HALAS, CRAI
Approved as to form and
JJuzerl--
eidi F. Ashton
Assistant County Attorney
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