Resolution 1998-022
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IU:SOJ.UTJON NO. 98-~
:\ RESOI.UTION AUTIIORIZING TilE ACQUISITION OF LAND BY GIFT,
PURCIIASE OR CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL ROAD
RIGHT.Or.WAY, SIDEWALK. UTILITY. DRAINAGE. MAINTENANCE AND
TE:-'1PORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE
CO;-.JSTRUCTION OF TIlE SIX.LANING ROADWAY IMPROVEMENTS FOR
AIRPORT.PULLlNG ROAD (C.R. 31) PROJECT FROM PINE RIDGE ROAD (C.R.
8%) TO V ANDERBlL T \lEACH ROAD (C.R. 862); CIE NO. 55; AND
REPEALING RESOLUTIO;-.J NO. 97-360.
WIIEREAS. the Uoard ofCounly Commissioners, on Oclober 28.1997, adopted Ordinance
No. 1)7-55 Iherein establishing the I c)c)7 (Sevenlh Annual) Capital Improvement Element orthe
Growth ~"lIlagement Plan in order to establish priorities for the design. acquisition and construction
of the various capital impro\'ement projects. The Transportation Element orthe County's
Cornprch(;n.~i\(; /'Iall \\'"S adopted in Ordinance No. 1)7-62; ,md
WIIERb\S. the si,~-I.lJ1ing improvements to Airport-Pulling Road from Pine Ridge Road to
VancJerhilt Ilem:h RmlcJ is one of the capital improvement projecls required under the Transportation
Elernel1l orthe Coullty's Comprehensive Plan; ancJ
WI I ER EAS. the Board of (\'unIY Commissioners, on April 8. 1997, adopted Resolution No.
In. I ')S lIuthorizing the County Staff to acquire by gill or purchase certain easements andlor fee
simplc tillc tOlhe pmpeny llJ1d properly inlerests required and necessary for the six-Janing roadway
improvemcnts of ,\irport.Pulling RO:ld from Pine RicJge Road to Vanderbilt Beach Road; and
WIIERE/\S. the loealion for construction of the proposed improvements has been fixed by
survcy and is collec: ivcly represented by the legal descriptions comprising Exhihit "A" attached
herelll :md incorporaled herein.
\VII ER EAS. .,fier cnnsidera!ion of the availability of allemate routes and locations. the
comparati\'c costs of rTllj(.ct ,dtem,Hives, \',Iriolls impacts upon the environmcnl, long range planning
orlinllS. and puhli,' safclY considerations, the Ooard desires 10 exercise its right to condemn propeny
for puhlic pllrpOS"S.
NO\\'. TIIEREFORE. BE IT RESOL VED OY TilE BOARD OF COUNTY
COM;o..IISSIONERS OF COLLIER COUNTY, FLORIDA. Ihat it has been detennined by the Board
Ihatth,' l'llnslrllctilln l,r the six-Ianing roadway improvements for Airpon-pulling Road from Pine
Ridgc Road Il' Vandcrhilr Beach RO:ld. (hereinancr referred to as "the Projecl") is necessary and in
the puhlie's best interest in order 10 prolect the heallh. safety and welfare of the citizens of Collier
County.
AND IT IS FURTIIER RESOLVED that construction of the Project is part of the County's
long range pl.lIlning errort. and is included in lhe Transportation Elcment ofthc County's
bC)e 1
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Comprehensive Plan for Growth Mana!;emcnt. as approvcU by the Florida Department of Community
Affairs.
AND IT IS r-URTlIER RESOLVED thatlhe County Staff has reviewed alternative locations
for lhe project. various impacts 10 the environmental. public safety and welfare eonsiderations
assoeiatcd with the design and construction of the project, and the costs associated with the design.
propeny righls acquisition. ancJ construction of the project; and the Board finds that after
consideration of these issues. the most feasihJe location for construction of the proposed
improvements is collectively represented by the legal descriptions comprising Exhibit" A" attached
hereto and incorporated herein.
AND IT IS r-UR TIlER RESOLVED th:1I in order to eonstruct ,he project as designed, it is
neccss,lry Ii.,r the \loard to aequirc ,he various real property intercsts described Exhibit" A" to wil:
perpetual. non-exclusive road righl-of.way, sidewalk, slope. utility drainage. maintenance and
temporary construction interests by easement.
AND IT IS r-URTHER RESOLVED that all property shall be put to public purposes.
AND rr IS FURTHER RESOLVED that the County staITis hereby authorized to
immediately acquire by gi n. purchase or condemnation in accordance with the provisions of Chapters
7J. 7~ and 127. Florida Statutes. the ahovc.refcrenced real propeny interests more partieularly
described in Exhibit "A". attached hereto and ineorporated hcrein.
AND IT IS FURTHER RESOLVED thaI no mobile homes are located on the property sought
to be acquired :md lhercfore it will not be necessary to remo\'c any mobile homes from the property
to he acquirer!.
This Resolution repeals and supcrscdes Resolution 97-360 in its entirety.
This Rcsolution adopted on this :1J..f&._ day of ..:~ . 1998, aner motion,
second and majorily \'ote.
ATTEST:
DWIGHT E. BROCK, CLERK
4:- :~{I~_~~ --/I'~e
BOARD OF COUNTY COMMISSIONERS
BY:~~~~ h .~
B~R RA e. BERIrl, H AN
Appro\'ed as '0 fonn and
legal sufficieney:
. ,
Heidi F. Ashton
Assistant County Attorney
P.q.. '-
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