Resolution 1996-011
RESOLUTION NO. 96-11
'A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
"FLORIDA DECLARING THAT A FEE SIMPLE INTEREST IN REAL PROPERTY IS THE
.....\::PREFERRED INTEREST SOUGHT FOR THE ACQUISITION OF RIGHT-OF-WAY FOR
.' 'i,;TRANSPORTATION CAPITAL IMPROVEMENT PROJECTS, AND SETTING FORTH THE
. :,~: RATIONALE THEREFORE.
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if~ C01:'0' Co"'y, oho11 '0 many 'n,tonoo, "qu"o tho .oqu',"'on ., ,
I";,riqht-of-way by either gift, purchase or condemnation: and
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WHEREAS, the right-of-way for transportation improvements may b.
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,~purchased or condemned either as an easement over, under, upon and,acr088
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",the land: or the fee simple interest in the land itself may be purchased
condemned: and
WHEREAS, full compensation, as required by the Constitution of ,the,
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!,?;state of Florida, for the easement rights purchased or condemned for"
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;"transportation improvements is tantamount to the full compensation
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~}(r'qUired for the purchase or condemnation of the fee simple estate in
'\property (between 90t and lOOt of the fair market value 0 the lands. so
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,Jippropriated, depending upon the property's zoning and thd appraiser's
and
WHEREAS, the purchase or condemnation of the full fee simple estate
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in lands required for near term transportation improvements provides th. .
a degree of control over the right-of-way which is S~P8~ib~io
the control afforded by an easement only, and which, in many inst.a~ces~"
may produce
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~fqa.i~ing the
cost savings on future public works improvement projects ,by.'
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maximum flexibility over the uses permitted in the right-of~
acquired.
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NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
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COLLIER COUNTY, FLORIDA that in consideration of long range plannlrtq and
day costs for transportation improvement projects, and in the
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interest of exercising the maximum degree of control over the public road
right-of-way which may allow the County to realize substantial savings by
locating future public works projects within the acquired area, County
'/staff is hereby directed to purchase or condemn a transportation road
right-of-way in fee simple as the preferred method of exercising maximu.
,control over the right-of-way in order to construct any anticipated
,capital improvement projects.
AND IT IS FURTHER RESOLVED that in those instances in which the
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· ;:'" purchase of a full fee simple estate cannot be negotiated by County staff,
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. ~::, and the costs associated with a condemnation of the full fee simple estate
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:;.'; may outweigh the future benefits contemplated by full County ownership of
, the right-of-way, and when the owner of the property is willing to convey
a perpetual, "exclusive", road right-of-way easement over, under, upon,and
across the property in compliance with the requirements of the transporta-
~~~ion improvements, along with the right to construct and install SubOrdin-
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ate utility and drainage improvements, together with access and temporary
construction easements, County staff is directed to negotiate a reasOl'able
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, (;::~ settlement for the purchase of said "exclusive" easement, subject to C;oah!
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approval, in lieu of proceeding with an action in eminent dom~in against
the subject property.
AND IT IS FURTHER RESOLVED that in those instances in which the
purchase of a perpetual, "exclusive", road right-of-\Iay easement over,
under, upon or across the property cannot be negotiated by county staff, ,
'and the costs associated with a condemnation of the perpetual, non-'
exclusive road right-of-way easement may outweigh the future benefits
contemplated by the County's interest of the right-of-way, and when the
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'>',ioWner of the property is willing to convey a perpetual, "non-exclusive..
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~~~~a~ ,right-of-way easement over, under, upon and across the property ~n,
~,:coipliance with the requirements of the transportation improvements, along
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with the right to construct
improvements, together with
and install subordinate utility and drilinaqQ:'
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access and temporary construction easemen~s;,,,
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JAM . 9 1996
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'county staff is directed to negotiate a reasonable settlement for the
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,~ purchase of said "non-exclusive" easement, Subject to Board approval, in
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f~ lieu of proceeding with an action in eminent domain against the subject
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"',to,be derived by the
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t;:.',Pul:111o right-of-way,
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~i~~~qes to
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~; estate for
AND IT IS FURTHER RESOLVED that, notwithstanding the future benefits
County arising from a fee simple acquisition of,~e
there exists those circumstances where the severance
remaining lands, as a result of the taking of the fee .impl.~
the transportation project, is of such an extent as to ,warrant
4", the purChase or condemnation of a lesser estate easement interest ih order
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.r',:',tolllitigate or eliminate such damages: and in such instances County stat,!
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,,-,ill,hereby directed to undertake such analyses of future benefits v..
~',~ l::urrent costs as are relevant to the determination as to the specific
in real property the County should acquire for the instant
and County staff may make such purchase offers, or prepare B,lCh;,
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pleadings in eminent domain, as may be necessary to m.itigate or eliminate
cost.
fie day of
19 9 6, after lIotibn,'
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t <Approved for form and
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'",< H" d',F. A hton
"'As*istant County Attorney
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