Resolution 2007-050
RESOLUTION NO. 2007-
50
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND AND/OR
EASEMENTS FOR THE CONSTRUCTION OF A 2-LANE SEGMENT OF WOODCREST
DRIVE FROM IMMOKALEE ROAD TO TREE FARM ROAD AND THE
CONSTRUCTION OF A 2-LANE SEGMENT OF TREE FARM ROAD FROM DAVILA
STREET TO MASSEY STREET.
WHEREAS, roadway improvements consisting of the 2-laning of Woodcrest Drive extending
south from Immokalee Road to Tree Farm Road for approximately one mile and the 2-laning of Tree
Farm Road extending east from Davila Street to Massey Street for approximately one-half mile
(hereinafter referred to as 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; and
WHEREAS, the Project is a part of Collier County's official Road Network, and is a part of the
long range plan for transportation infrastructure.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the Project is necessary and is in the best interest of Collier
County.
2. 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.
3. It is necessary and in the best interest of Collier County for the Board to acquire right-of-way
and stormwater retention sites in either fee simple or as special purpose easements within the project
corridor identified on Exhibit "A" (attached hereto by reference made a part hereof) as best suits the
needs of the project; and County Staff is hereby authorized and directed to acquire said right-of-way
and stormwater retention sites by either gift or purchase.
4. The Board hereby directs the County Manager or his designee to use independent appraisal
reports and/or internal compensation estimates ("in-house" appraisals) as the basis for making
purchase offers to property owners.
5. The Board hereby authorizes the County Manager or his designee to approve right-of-way and
stormwater retention site purchases where the property owner has agreed to sell the required land
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rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised
value.
6. The Board hereby authorizes its Chairman, upon the approval of the Office of the County
Attorney as to form and legal sufficiency, to execute Easement Agreements and Purchase Agreements
for right-of-way and/or stormwater retention sites where the property owner has agreed to sell the
required land rights to the County at its appraised value, or at an amount not to exceed $50,000 over
the appraised value; and the Board hereby authorizes its present Chairman and any subsequent
Chairman, for the life of the 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.
7. Said 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.
8. Where the property owner agrees to convey a necessary interest in real property to the County,
through the execution of a "Purchase Agreement" or "Easement Agreement," and upon the proper
execution by the property owner of such legal instruments 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) of record, and to others who may possess an equitable interest in the subject right-of-way
parcels or storm water retention sites, in those amounts as shall be specified on a Closing Statement.
9. All title to real property which has 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 of the State of Florida, and as such, staff is hereby authorized to record
in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be
required to remove the lien of any encumbrance from the acquired properties.
11-fk
THIS RESOLUTION ADOPTED on thisd day of
second and majority vote.
rCl)/UJfl:.,J-, 2007, after motion,
ATTEST:
DWIGHT E. BROC.rs:, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
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Approved as to form and
lega sufficiency:
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Heidi F. Ashton
Assistant County Attorney
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ROW Acquisitions For Project 60171
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EXHIBIT j~
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