Resolution 2007-326
RESOLUTION NO. 2007- 326
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE
OF RIGHT-OF-WAY AND RELATED EASEMENTS NECESSARY FOR THE
CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE EXPANSION OF COLLIER BOULEVARD FROM THE
GOLDEN GATE MAIN CANAL TO GOLDEN GATE BOULEVARD, INCLUDING
PORTIONS EAST ON WHITE BOULEVARD AND WEST ON PINE RIDGE ROAD
(PROJECT NO. 68056.)
WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted
Ordinance No. 2005-25 therein establishing the Capital Improvement Element of the Growth
Management Plan in order to establish priorities for the design, acquisition and construction of
the various capital improvement projects; and
WHEREAS, the Transportation Element of the County's Comprehensive Plan was
adopted in Ordinance No. 2005-25; and
WHEREAS, the expansion of Collier Boulevard from the Golden Gate Main Canal to
Golden Gate Boulevard (Project No. 68056) is one of the capital improvement projects required
under the Transportation Element of the County's Comprehensive Plan; and
WHEREAS, the expansion of Collier Boulevard from four lanes to six lanes from the
Golden Gate Main Canal to Golden Gate Boulevard, and the expansion of portions of Pine Ridge
Road and White Boulevard, east and west of Collier Boulevard, is 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:
1. The Board has determined that the expansion of Collier Boulevard from Golden Gate
Main Canal to Golden Gate Boulevard, and the expansion of portions of Pine Ridge Road and
White Boulevard, east and west of Collier Boulevard, Project No. 68056 (hereinafter referred to
as the "Project"), is necessary and in the public's best interest in order to protect the health, safety
and welfare of the citizens of Collier County.
2. The construction of the Project is an integral part of the County's long range planning
effort, and is included in the Transportation Element of the County's Comprehensive Plan for
Growth Management, as approved by the Florida Department of Community Affairs.
3. It is necessary and in the best interest of Collier County for the Board to authorize the
acquisition of right-of-way in either fee simple, or as easements for roadway, drainage and/or
utility purposes, as well as temporary construction and driveway restoration easements, and
stormwater retention and treatment pond sites in fee simple within the Project corridor, in the
locations collectively represented on Exhibit "A" attached hereto and incorporated herein, as best
suits the needs of the project; and the County Manager or his designee is hereby authorized and
directed to acquire said right-of-way and storm water retention and treatment pond sites by either
gift or purchase.
4. The Board hereby directs the County Manager or his designee to make purchase offers to
property owners based upon appraisals prepared for Collier County by licensed real estate
appraisers.
5. In view of the differences of opinions between real estate appraisers as to property owner
compensation estimates, and in view of the cost of condemnation, the Board hereby authorizes
the County Manager or his designee to approve right-of-way, easement, and stormwater retention
and treatment pond site purchases where the property owner has agreed to sell the required land
rights to the County at, or up to twenty five percent (25%) above, Collier County's appraiser's
estimate of full compensation to the property owner, with the maximum approval authority not to
exceed $50,000 over the County's appraiser's estimate of full compensation. Such purchase
approvals are hereinafter referred to as "Administrative Settlements." Each and every proposed
settlement over one hundred and twenty-five percent (125%) or over $50,000 above the County's
appraiser's estimate of full compensation shall require separate Board approval.
6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of
the Project, 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 and treatment pond sites, where the property owner has agreed to sell the
required land rights to the County at its appraised value, or within the Administrative Settlement
provisions of Paragraph 5 (above); 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.
.Page 2.
7. Said Administrative Settlement authority is delegated by the Board to the extent that such
delegation does 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 ofa "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,
and/or to make wire transfers, 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 stormwater retention and
treatment 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.
This Resolution, adopted on this i3TJ1;. day of NI\\J5Ml'.,e(Z.., 2007, after motion,
second and majority vote.
ATTEST:
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By:
Approved as to form and
legal sufficiency:
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Heidi F. Asthon-Cicko
Assistant County Attorney
.Page 3-
EXHIBIT A
~-L 01-1-
Collier Boulevard Vicinity Map, Project #68056