Resolution 1998-007
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RESOLUTION NO. 98- 7
A RESOI.lJTION OF TilE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FI.ORID^ DECLARING TI/AT A FEE SIMPLE INTEREST IN REAL
PROPERTY IS TilE PREFERRED INTEREST SOUGIlT FOR TilE ACQUISITION
OF RI(iIIT-OF-W^ Y FOR TRANSPORTATION CAPITAL IMPROVEMENT
PROJECTS, AND SETTINU FORTI! TilE RATIONALE TIIEREFORE.
\\'11 EREAS. lhe constnlction of transportation improvements, as identi lied in the
Transportation Elemenl of the Comprehensive PI,I/l for Collier County, shall in many instances
require the 4Jcquisilion ofa right-of-way by either gift, purchase or condemnation; and
\VI IEREAS. Ihe right-of-way for transportation improvements may be purchased or
condemned either as an casement over, under, upon and across the land; or tile fee simple interest
in Ihe lanu i t5el f may he purchased or condemned; :Jnd
\\'11 ER E:\S. full compensation, as required by the Constitution of the State of Florida.
for the eaSt:I11L'lIt righls purchased or condemned for transportation improvements is tantamount
10 tbe full cOlllpensutiol1 required for the purchase or condemnation of the fee simple estate in
properly (he;ween ()()% :Jnd 100'% of the fair market value of the lands so appropriated.
depel1lJing upon the property's zoning and the uppmiser's judgment); and
\VII EREAS. tbe purchase or eondemnntion of the full fee simple estate in lands required
for nl',Il" [erm transportation improvcments prO\"ides thc County with a degrcc of control ovcr the
right-of-way which is superior to the control afforded by an casement only. and which. in many
instnnces, may produce cost savings on futurc public works improvement projects by gaining the
maximum nexibility ovcr the uscs pennilled inthc right-of-way so acquircd.
NOW THEREFORE BE IT RESOL YED BY THE BOARD OF COUNTY
COMlvlISSJONERSOF COLLIER COUNTY, FLORIDA that in consideration oflong rangc
planning and present day costs for transporlatiol1 improvcment projects, and in the interest of
exercising the ma.ximul11 degree ofcolltrol over the public road right-of-way which may allow
the Coullty to realize suhstantial savings by locating future public works projects within the
acquired area. Coullty starf is herehy directed to purchase or condemn a tr:msportation road
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righI-of-way in ft.:e simple as the preferred method of exercising maximum control over the
righI-of-way in order 10 constrllct any anticipated capital improvement projects.
AND IT IS FURTHER RESOLVED thnt in those instances in which the purchase ofa
full fce simple estate cnnnot be negotiated by County staff. and the costs associated with a
condemnation of the full fee simple estate may outweigh the future benefits contemplated by full
Counly ownership of the right-of-way, nlld when the owner of the property is willing to convey a
perpelual. "exclusi\'c", road righI-of-way casement over, under. upon and across the property in
compliance with the reljuiremenls of the transportation improvements, along with the right to
construct and install suhordinate utility and drainage improvements. together with access and
temporary l'LlIlstructioll casemcnts. County staff is directed to ncgotiate a reasonable settlement
for thc purchase of said "exclusive" eascment. subjcet to Bonrd approval, in licu of proceeding
witll an al:liLln in eminent donwin agninst the subject properly.
:\:\[) IT IS FURTHER RESOLVED that in those instances in which the purchase ofa
pcrpclllal. "exclusi\'e". road right-of-way enscment over, under, upon or ncross the property
cannot he negotiated hy County staff, and the costs nssocinted with a condemnation of the
perpetual. non-exclusive rand right-of-way casement may outweigh the future benefits
contemplaled hy the Cou/llY's interest of the right-of-way, and when the owner of the properly is
willing to convey a perpetunl. "non-exclusi\'e", road right-of-way easemcnt o\'er, under, upon
and ,Icross the propaty in compliancc with the requirements of the transportation improvements,
along witl1tht.: right to construct anu instnll subordinnte utility nnd drninage improvements,
together \\'ilh :Iccess ;]nu tempornry constrllction eascments, County staff is directed to negotiate
a reasonable settlement for the purchase of said "non-exclusive" casement. suhject to Board
appro\'al. in lieu ofprocceding with an action in eminent domain against the subject property.
A!\:D IT IS FURTHER RESOLVED that. notwithstanding thc future benefits to be
derived hy the Count)' arising from a fee simple acquisition orthe public right-of-way, thcre
exists those circumstances whcre the scverance dnlllages 10 remaining lands. as a result of the
taking of the fee simplc est<ltc for thc transporlntion project. is of such an extent as to warrant the
purchase or condcmnation of a lesscr estate in the fonn of an easemcnt interest in order to
mitigatc or eliminate such damages; and in such instances County staff is hereby directed to
undertake sllch analyses of future henefits vs. current costs as arc rclevant to the determination as
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to the speci Iic interesl in rcal property the County should acquirc for the instant project. and
County staff may make such purchasc offers, or preparc such pleadings in eminent domain. as
may be neccssary to milignte or eliminate severance damages, and reduce total project cost.
THIS RESOLUTION ADOPTED this ~ day of \. ,. / ,1998. after motion. second and
majority vote.
ATTEST:
DWIGHT E. BRO~K, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
BY~""~ ~ ~ .
. halOnan
- ~./
,"~
J . . ......: /.',; ~":
, Deputy Clcrk
Approvcd for form and
Icgal Sll f1icicncy
i ,'" I
Heidi r. Ashton
Assistnnt Counly Attorney