Resolution 2025-254 RESOLUTION NO. 2025- 254
A RESOLUTION DIRECTING THE COUNTY MANAGER OR HER
DESIGNEE TO MAKE PRE-SUIT OFFERS FOR THE EASEMENT
PARCELS REQUIRED FOR THE OAKES BOULEVARD SIDEWALK
AND ROUNDABOUT IMPROVEMENT PROJECT (PROJECT NO.
60228.8) IN AMOUNTS BASED UPON THE APPRAISED VALUE OF
THE EASEMENTS SOUGHT TO BE ACQUIRED, WITH PURCHASE
AGREEMENTS SUBJECT TO APPROVAL BY THE BOARD OF
COUNTY COMMISSIONERS.
WHEREAS, the Oakes Boulevard Sidewalk and Roundabout Improvement Project
(Project No. 60228.8, hereinafter referred to as "the Project") is included in the Transportation
Element of the Collier County Growth Management Plan, and plans and specifications have been
prepared for construction of the Project; and
WHEREAS, construction of the Project will require the acquisition of permanent
easements for road right of way, drainage and utility purposes through eminent domain; and
WHEREAS, prior to initiating eminent domain proceedings, Section 73.015, Florida
Statutes,requires a condemning authority to attempt to negotiate in good faith with the fee owners
of the easement parcels to be acquired,provide them with a written offer, and if requested, a copy
of the appraisal report upon which an offer based, and attempt to reach an agreement regarding the
amount of compensation to be paid for the parcel; and
WHEREAS, it is in the County's best interest to conduct such negotiations and make such
written offers prior to bringing an eminent domain proceeding; and
WHEREAS, the Board of County Commissioners (Board) finds that limiting such
authority to make written offers based on the amount specific in the appraisal and requiring that
each purchase agreement be approved by the Board provides adequate guidelines and safeguards
the County's interest.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The above recitals are true and correct and incorporated by reference herein as if
fully set forth.
2. The Board has determined that the Oakes Boulevard Sidewalk and Roundabout
Improvement Project (Project No. 60228.8) is necessary and in the public's best interest in order
to protect the health, safety and welfare of the citizens of Collier County.
3. It is necessary and in the best interest of Collier County for the Board to authorize
the acquisition of permanent easements for road right-of-way, drainage and utility purposes
necessary for the construction of the Project within the project boundaries identified in Exhibit
"A" (attached hereto and by reference made a part hereof).
4. The Board hereby directs the County Manager or her designee to make purchase
offers to property owners for the easement parcels required to construct the Project, which offers
shall be based upon estimates of the market value of the subject real estate as determined by
licensed state-certified general real estate appraisers.
5. Purchase agreements shall be subject to approval by the Board.
This Resolution, adopted on this 6[+4% day of 1)ecc,.,bv , 2025, after motion,
second and majority vote.
r
"` ,'f 1:04,, BOARD OF COUNTY COMMISSIONERS
• /C AL KINZEL, Clerk of the OF COLLIER COUNTY, FLORIDA
" ' ' c, u8�. Co ptroller
F 0, a By: .�
rr
rt aunders, Chairman
rir Attest as to Chairman's
,.„, `LOW'.N signature only
Aptiro e to and legality:
Awi10 unt ttorney
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