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Resolution 1998-107 16B 1 -. RESOLUTION NO. 98. 107 A RESOLUTION AUTHORIZING TI-IE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE. PERPETUAL. ROAD RIGHT-OF.WAY. SIDEWALK. UTILITY. DRAINAGE. MAINTENANCE. DRIVEWAY RESTORA TrON AND TEMPORAR Y CONSTRUCTICJN INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF TilE fOUR-LANING IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C.R. 951 AND WILSON BOULEVARD, CIE NO. 62. WHEREAS, the Board of County Commissioners (Board). on October 28, 191n, Oldoptcd Ordinance No. 97-55 therein establishing the 1997 (Seventh AnnuOlI) CapitOlllmprovement Element of the Growth r-.-l<lnagemcnt PIOln in order to establish priorities for the design, acquisition and conslruction of the various capital improvement projects. The Transportation Element of the Coullty's Comprehensive PI&ln was Oldopted in OrdinOlnee No. 97-62; and WHEREAS. Ihe four-Ianing rOOldway improvements to Golden Gate Boulevard betwecn C.R. 951 and Wilson Boulevard arc 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 implcmentation of said transportation improvements; and it has been recommended by County Staff thOlt 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 four-laning roadway improvements for Golden Gate Boulevard between C.R. 951 and Wilson Boulevard. hereinafter referred to as "Project" as identificd 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 proteelthe health. safety and welfare orthe citizens of Collier County, and will assist Collier County in meeting certain concurrency requiremenls orthe Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: -Page 1- 1681 -. I. The Board has considered the environmcntal factors. safety factors and fiscal consillcr:ltions rclating to the final adopted location of the transportation improvements and rclated facilitics. 2. The road right-of-way, sidewalk, utility. drainage. maintenance, driveway rcstorution ,md temporary construction interests by easemcnt and/or the fee simple title acquisitions idenlificd 011 Exhibit "A" arc the most feasible locations. both necessary and consistcnt with the projcct requirements. in ordcr to permit thc constnlction ami maintenance of the transportation improvements and rclatcd facilities for the Golden Gatc'Boulevard between C.R. 95\ and Wilson Boulevard, CIE No. 62. 3. The Board has detcrmined that the construction and maintcnanec of thc four-Ianing transpor- I:ltion improvements and related facilities arc neccssary for a public purpose and is in the best intcrcst of Collier County. 4. The construction and maintcnancc of the transportation improvcments and rclatcd facilitics arc compatiblc with the long range planning goals and objcclives of the Growlh M&lnagcll1cnt PI un for Collier County. 5. It is neccssary and in the best intercst of Collicr County for the Board to acquirc the raud right-of-way, sidcwalk. utility, drainagc, maintenance, driveway rcstoration and tcmporary construction intercsts by cascment and/or the fee simple title identified in Exhibit "A"; and County Staff is hercby aUlhorizcd and directed to acquire by gift or purchase the perpctual, non-cxclusive. road right-or-way, slopc, sidcwalk. utility, drainage. maintcnance. driveway restoration and temporary construction interests easemcnt and/or fee simple title on the propcrties identificd in Exhibit "A". G. The Chainnan orthe Board is hercby authorized to execute Appraisal Agrcemcnts with th~ appraisalfinll(s) sclected from the list or fimls pre-qualified by the Board of County Commissioncrs. Thc Board further directs staff to use appraisal reports or internal compcnsation estimatcs as starr detemlincs is ncccssary 10 best serve the nceds of the Project in a timely and cost-effective manner. 7. The Board, in accordance with thc provisions of Chapter 125.355. Florida Statutes. hereby formally waivcs thc requircmcnt for a formal, independcnt appraisal rcport for thc purclmsc of a propcrty where the purchase price of the parcel (the eompcnsation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($ I 00.000.00). In lieu of the indepcndent appraisal report. slaff is hcreby authorizcd to make purchase offers for the properties. the dollar amounts or which shall be predicatcd on "staff compensation estimates" based upon independent appraisals (and 1681 ~I. the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the suhject parcels. S. t Jpnll the approv(1! hy (he County Attorney's Oflice of (III documcnts ncccssary for the suhject propcrty acquisition. Rcal Property Managemcnl Dep&lrtmcnt st(lff is hcreby directed to offcr immediate delivery to the respective property owners of the full compensation (as estahlished hy the appraisal or staff compensation estimates in accordance with the provisions ofChaptcr 125.355, Florida Statutes). in rcturn for the immediate and proper exccution of the rcspcetive cascmcnts, or deeds and such othcr legal documents and/or aflidavits as the County Attorney's Office deems appropriate in ordcr to protect the interests of the County; and the Board hereby authorizcs its prescnt Chainnan and any subsequent Chairman, for the life of the Project. to execute any instruments whieh havc been approved by (he Office of the County Attorney, to rcmove the Ijcn of any encumbrance Olnd for any such other purpose as may be required for the acquired road right-of-way. sidewalk. ulility, drainage, maintenance. driveway restoration and temporary construction interests by cascmcnt anlVor fee simple titlc. 9. In thosc instances where negotiatcd settlements may be obtained via the "Purchase Agrccmcnt" OJ' "Easement Agreement" mechanism, the Director of the Office ofCnpital Projccts Management. or his designee. is charged with the responsibility for completion of various capital improvement projecls, and is herchy delegated thc authority to approve the purchase of land interests above the slaff compensation estimate or appraised value and pay normally related costs whcn it is in the best interest of thc Project. within the pro-rata share of the land rights acquisition budget for the parcel bcing aequired, only when th~ difference between lhe purchnse pricc and compcnsntion estimate or appmised vnlue is less than Fifteen Thousand and 00/100 Dollars (SI5,OOO.00) or the current purchasing limits established by the Collier 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 conl1kt with the provisions of Section 125.355. Florida Statutes. 1] . The Chainnan of the Board is hereby authorized to execute Easement Agreemenls (ll1d Purchase Agrcements where the land owner hOls agreed to sell the required land rights 10 the COllnty at ils appraised value or at that amount considered the "Administrative Settlement Amount" as such tern! is internally used by the administrative agencies of Collier County. 1681 -. ~- , 12. Whcrc thc property owner agrees, by sworn affida\'it or agrecment ("Purchase Agreemcnt" or "Easement Agreement"), to convey a necessary intercSI in real propcrty 10 the County, and upon the proper execution by the propcrty owner of those eascments or fcc simple litlc, and such othcr Icgal documcnts as thc Office of the County Attorney may rcquire, Ihe Board hercby authorizcs the Fi'lance Department to issue warrants. payable to the propcrty owner{s) of record, in those amounts as shall bc speci licd on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions ofSectiol1 125.355. Florida Statutes. 13. All title to properties or interests in propertics which have been obtained in the manner described abovc shall be deemed "accepted" by thc Board of County Commissioncrs. as the govcrning body of Collier County, Florida. a political subdivision of the State of Florida. and as such. staff is hcreby authorized 10 record in the Public Rccords of Collier County. Florida, said eOlsemcnts or fee simple title and such other instruments as may be rcquircd to rcmove the lien of any encumbrance from the acquircd properties. 14. This Resolution supersedes Resolution No. 96-396. THIS RESOLUTION ADOPTED on lhis~ day of (::l/~ . 1998, ancr motion. second and '" majority vote. ATTEST: DWIGHT E. BROCK. CLERK ./ ;~. ) ~/ .1---:: ' r; /I 7' !..1"'.d"""u.e-~-/.':bJk~" . . /'lbS~ '. . " ! jQi;'';'~,,;',; ;~;I-' '. >,::':'; . . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By, fi~~ ~ _ BA ARA B. 'BER~Y. C Approved as to fonn and legal sufficiency: r , '" i . I ,\,I~ ./ ' Heidi F. Ashton Assistant County Allorncy 2329876 OR: 2428 PG: 0051 IICORDID in OFFICIAL RBCOP.DS of COLLIBR COUMTY, PL 06/08/58 at 12:06PK D~IGHT I. BROC~, CL!Rl RIC m coms 10.50 2.00 Retn: RIAL PROPBRTY UT8H! !Un omu 1 be 1 This Instrument Prepared By: Deborah Trim Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Stalion No. 125 Tallahassee, Florida 32399 RENEWAL OF SOVEREIGNTY SUBMERGED LANDS LEASE This Renewal of the Sovereignty Submerged Lands l.ease is entered into Ihis 20th day of March, 1998. hy and between the Board ofTnlSleeS of the Internallmpro\'emenl Tnlst Fund of the State of Florida ("Lessor"). and the Board of Countv Commissioners of Collier Countv. a oolitical subdivision of the State of Florida ("Lessee"). WITNESSETH: WHEREAS, the Lessor did grant to the Lessee, that certain Sovereignty Submerged Lands Lease No 110534215, to be effective from Aoril 6. 1993 through Anril 6. 1998 (the "Lease"); and WHEREAS. the Lease was recorded on AUl!ust 29. 1995, in Official Records Book 2093, Page 1783, Public Records of Collier County, Florida; and WHEREAS, the Lessee has requested thaI Lessor renew Ihe Lease and Lt:ssc.r agre~s to rC'new .:le !.C:lsc. NOW, THEREFORE, the Lessor and Lessee agree as follows: I. TIle Lease is hereby renewed from Aori16. 1998, the effective date of this lease renewal. 10 April 6. 2003, the expiratIOn date of this lease renewal. 2. All of the original tenns and conditions of the Lease shall remam in full force and effect ~nd binding upon the Lessee throughout the lease renewal period; except for the following: 3. TIle Lessee, al its own expense. shall record this lease renewal in ItS entirety in the public records of Collier County within fourteen (14) days after receipt of a fully executed lease by the Lessor and Lessee. and shall provide to the Lessor within ten (] 0) days following the recordation il copy of the recorded lease renewal document in its entirel)' which contains the Official Records Book and pages at which this lease renewal is recorded. Execuled on the day and year first above written. (02]