Resolution 1996-222
RESOLUTION NO. 96--ll2
HAY - 7 1996
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTIfORIZING THE ACQUlSmON BY GIFT OR PURCHASE
OF ROAD RIGHT-OF-WAY BY EITHER EASEMENT OR DEED, AND DRAINAGE
EASEMENTS WInCH ARE REQUIRED FOR THE RE-ALIGNMENT OF ORANGE
BLOSSOM DRIVE AT AIRPORT ROAD AND FOR THE FUTURE CONSTRUCTION
OF ORANGE BLOSSOM DRIVE FROM AIRPORT ROAD TO FUTURE LIVINGSTON
ROAD.
WHEREAS, the Board of County Commissioners (Board) has adopted 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 which comprise
the Transportation Element of the County's Comprehensive Plan; and
WHEREAS, in accordance with said Comprehensive Plan, the Board has adopted
Resolution No. 96-130 authorizing the acquisition of right-of-way for the six-Ianing of Airport
Road from North of Pine Ridge Road to Vanderbilt Beach Road; and
WHEREAS, public safety requires that Orange Blossom Drive both east and west of
Airport Road be re-a1igned such that the offset is removed at the intersection between the east and
west roadways; and
WHERE.AS, removal of the existing offset will require the acquisition of additional right-of-
way; and
WHEREAS, alternate locations, environmental factors, long range planning, cost variables,
concurrence, safety and welfare considerations have been reviewed as they relate to the
implementation of said transportation improvements; and it has been recommended by County Staff
that 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 Orange Blossom Drive (hereinaller
referred to as "Project" as identified 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 protect the health, safety and welfare of the
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HAY - 7 I9S6
citizens of Collier County, and will assist Collier County in meeting certain concurreney
requirements of the Growth Management Plan for Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thaI:
J. The Board has considered the environmental factors, safety factors and fiscal considerations
relating to the final adopted location of the transportation improvements and related facilities.
2. The project loCation (and the property rights to be acquired as depicted on Exhibit" A") is the
most feasible location; and is both necessary and consistent with the project requirements, in order
to permit the construction and maintenance of the transportation improvements and related facilities
for Orange Blossom Drive.
.
3. The Board has determined that the construction and maintenance of the transportation
improvements and related facilities is necessary for a public purpose and is in the best interest of
Collier County.
4. 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.
5. It is necessary and in the best interest of Collier County for the Board to acquire the drainage
easement(s) and right-of-way by either easement or deed identified in Exhibit" A"; and County Staff
is hereby authorized and directed to acquire same by gill or purchase.
6. The Chairman of the Board is hercby authorized to execute Appraisal Agreements with the
appraisal firm(s) selected from the list of firms pre-qualified by the Board of County
Commissioners. The Board further directs staff to use appraisal reports or internal compensation
estimates as staff determines is necessary to best >=e the needs of the Project in a timely and cost-
effective manner.
7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby
formally waives the requirement for a formal, independent appraisal report for the purchase of a
property where the purchase price of the parcel (the compensation due to the property owner) i.
less than One Hundred Thousand and 001100 Dollars ($100,000.00). In lieu of the independent
appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar
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MAY - 7 1996
amounts of which shall be predicated on "staff compensation estimates" based upon independent
appraisals (and the data therefrom) obtained on similar properties and upon consideration and
application of appropriate market value and cost data pertinent to the subject parcels.
8. Upon the approval by the County Attorney's Office of all documents necessary for the subject
property acquisition, Real Property Management Department staff is hereby directed to offer
immediate delivery to the respective property owners of the full compensation (as established by
the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355,
Florida Statutes), in return for the immediate and proper execution of the respective easements, and
such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in
order to protect the interests of the County; 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 in order to acquire the drainage easements and road
right-of-way by eithcr easemcnt or deed.
9. In those instances where negotiated settlemcnts may be obtained via a "Seller'. Affidavit",
"Purchase Agreement" or "Easement Agreement" instrument,the Director of the Office of Capital
Projects Management, or his designee, is hereby delegated the authority to approve the purchase of
land interests above the staff compensation estimate or appraised value, and approve payment of
related costs when it is in the best interest of the Project, within the pro-rata share of the land rights
acquisition budget for the parcel being acquired, and when the difference between the purchase
price and compensation estimate or appraised value is less than Filleen Thousand and 0011 00
Dollars (SI5,ooO.00) or within the limits of the purchasing policy in effect at the time of
acquisition; as 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 conflict with the provisions of Section 125.355, Florida Statutes.
II. The Chairman of the Board i. hereby authorized to execute Easement Agreements and
Purchase Agreements where the land owner has agreed to sell the required property rights to the
County at appraised value or at that amount considered the "Administrative Settlement Amount" as
such term is internally used by the administrative agencies of Collier County.
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HAY - 7 1996
12. Where the property owner agrees, by sworn affidavit or agreement ("Seller's Affidavit",
"Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property
10 the County, and upon the proper execution by the property owner of those easements or fee
simple title, and such other legal documents 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, in those amounts as shall be specified on a closing statement and which shall be
based upon the appraisal or staff compensation estimate in accordance with this Resolution and the
provisions of Section 125.355, Florida Statutes.
13. All title to properties or interests in properties which have 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, said
easements or deeds (and other related instruments as may be required to remove the lien of any
encumbrance from the acquired properties).
THIS RESOLUTION ADOPTED on this -7- day of ";hZJ;;t ~ . 1996, aller motion, second
and majority Yote.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF COLL COUNTY, FLORIDA
t'*/H""~ <JJt.
~ wig E. Brock, Clef
7
n C. Norris, Chatrman
Approved as to form and
legal sufficiency:
ctJ( <fl( -~ 101 A =--
Heidi F. As ton
Assistant County Attorney
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HAY - 7 1996
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