Resolution 2000-447
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RESOLUTION NO. 2000 - 447
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR
PURCHASE OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL NON-
EXCLUSIVE ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE,
MAINTENANCE AND NOISE ABATEMENT INTERESTS AND/OR TEMPORARY
CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE
SIX-LANING IMPROVEMENTS FOR LIVINGSTON ROAD PROJECT BETWEEN
GOLDEN GATE P ARKW A Y AND PINE RIDGE ROAD, ClE NO. 52.
WHEREAS, the Board of County Commissioners (Board), on February 23,1999, adopted
Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital
Improvement Element ofthe Growth Management Plan in order to establish priorities for the design,
acquisition and construction of the various capital improvement projects. The Transportation Element
ofthe County's Comprehensive Plan was adopted in Ordinance No. 99-13; and
WHEREAS, the six-Ianing roadway improvements to Livingston Road between Golden Gate
Parkway and Pine Ridge Road are component parts of the Transportation Element of the County's
Comprehensive Plan; 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 six-Ianing roadway improvements for
Livingston Road between Golden Gate Parkway and Pine Ridge Road, 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 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:
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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 title interests and/or non-exclusive, perpetual, road right-of-way, sidewalk,
slope, utility, drainage, maintenance and noise abatement wall interests and/or temporary construction
interests by easement 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 Livingston Road between Golden Gate Parkway
and Pine Ridge Road, ClE No. 52.
3. The Board has determined that the construction and maintenance of the six-laning
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 of the Growth Management Plan 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 and/or non-exclusive, perpetual, road right-of-way, sidewalk, slope, utility, drainage,
maintenance and noise abatement wall interests and/or temporary construction interests by easement
identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or
purchase the fee simple title interests and/or non-exclusive, perpetual, road right-of-way, sidewalk,
slope, utility, drainage, maintenance and noise abatement wall interests and/or temporary construction
interests by easement on the property identified in Exhibit "A".
6. The Chairman of the 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.
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 ofthe 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
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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 a\1 documents necessary for the subject
property acquisition, Real Property Management Department staff is hereby directed to offer
immediate delivery to the respective property owners ofthe fu\1 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 ofthe 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 fee simple title.
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
Construction Management 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 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 001100
Dollars ($25,000.00) or the current purchasing limits established by the Co\1ier County Purchasing
Department; provided, Project funding is available.
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
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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) ofrecord, 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 ofthe 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.
AND IT IS FURTHER RESOLVED that this Resolution supercedes Resolution 99-425
approved by the Board of County Commissioners on November 23,1999, Item 16(b)(19).
THIS RESOLUTION ADOPTED on this ~y of ~,....(.- ,2000, after motion,
second and majority vote. '
~
Clerk
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s gnatllr* OfilJe . '
BOARD OF COUNTY COMMISSIONERS OF
COLUE~DA
James D. Carter, Ph.D., Chairman
ATTEST:
DWIGHT E..~ROCK, CLERK
By:
,.'
...- ';
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LIVINGSTON ROAD RIGHT-OF.WAY AND DRAINAGE CORRIDOR
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GOLDEN GATE ESTATES UNIT NO. 29
GOLDEN GATE PARKWAY
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