Resolution 1999-384
.
80 1
RESOLUTION NO. 99- 384
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA. AUTHORIZING THE ACQUISITION BY GIH, PURCIIASE OR
CONDEMNA TION OF ROAD RIGHT-OF-WAY, SIDEWALK_ SLOPE. UTILITY.
DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION
INTERESTS BY EASEMENT lIND/OR FEE SIMPLE TITLE I:-.iTERESTS WIIICH
ACQUISITIONS ARE REQUIRED FOR THE SIX-LANING IMPROVEMENTS FOR PINE
RIDGE ROAD (8%) BETWEEN AIRPORT-PULLING ROAD (CR. .11) AND LOGAN
BOULEY ARD CIE NO.4!.
WHEREAS. the Board orC-ounty Commissioners (Board). all OCloher 28. [')97, adoplcu
Ordinance No. 97.55 therein eSlablishing [he 1')97 (Seventh Annual) Capiwllrnpro\'c/1lcnt Element of
the Growth Managemenl Plan in order to cSlahlish priorities for the design. acquisition and
conslnlClion oflhe variolls capital improvement projects. The TranSpOr1:.Jlion Elcmcl1I crlhc County's
Comprehensive Plan was adoplcJ in Ordin:lIlcc: No. 97-()2; :lIld
WHEREAS. the six-Janing roadway improvemellts to Pine Riogc RO<ld (CR. 896) hCI\vCcn
Ai~ort~Plllljng Roau (C.R. 31) and Log.m Boulevard urc component parts or lite Tmnsportiuion
Element of the County's Comprehensive Plan; ..no
WHEREAS, alternate locutions, environmental ractors, long r.ll1ge plmming. cost vari.lblcs.
concurrence, safety and welfare considerations havc hecn reviewed :IS they relilte lu the implementalion
of said transportation improvements: and it has heen recommended by Counly StillTthat it is necessary
ilnd in the hest interest ofCoHicr County, Florid.l. to maintain ncxibilily over the acquisition of
property rights required for the construction oflhe six.laning roadway improvements for Pine Ridge
Road between Airport-Pulling Road and Logan Boulevard. hercinafier referred to:\s "Project" OIS
identified on Exhibit "A" attilched hereto and incorporated herein by reference: and
WHEREAS, the uesign Jnd construction orsJid transportation improvemenls and relutcd
facilities have been detcnnined hy the Board to he ncccssmy and ill the 0:::5t inlerest of Collier County;
and
WHEREAS, the constnletion oflhe transponJtion improvemcnts and relJted faeiUtics
contemplated by the Project ;trc necessary in order 10 rrolect the health, safety ,md welfare of Ihe
citizens ofeollicr County, and will.lssist Collier COllllty illlllccting certain concurrency requirements
of lhe Growth Manugement Plan for Collier COUtlly.
.Page 1-
.
80 1
WHEREAS. the Board afCount)' Commissioners iluoplcu Rcsohllion No. ')9.228 on May II.
1999 authorizing the acquisition by gin. purchase or condemnation of property interests ncccssm)' for
the six-Jailing orPinc Ridge Road.
WHEREAS, this Resolution is being ildoptcc.llo include rcvisl.:u leg.d dC5criptions.
NOW, THEREFORE. BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, Ihot:
1. The Board has considered the environmental (actors. Silfcly factors uno liseal cOllsidcnlliol1s
relating to the rll1al adopted locJtion orlhe transportation improvl.:mcnts and related facilities.
2. The road right-of-way, sidcwnlk. slope. utility. drainage. maintenance and temporary driveway
restoration interests by casement andlor the fee simple tille illlcrcsts acquisitions identified on Exhibit
"A" are the mosl feasibk locations. both necessary uno consistent with the projecl requiremenls. in
order 10 pemlit the construction and maintenance or the transponulioll improvements and relateu
racilities ror the Pine Riuge Road six.Janing improvements hetween Airport-Pulling Road ilnd Logan
Boulevard. CIE No. 41.
3. The Board has dClcnnined (hat the construction and maintenance ofllle six-Ianing transpor-
tation improvements and related facilities arc neccssilry for a public purposc and is in the best illlcrest
or Collier County.
4. The construction and maintenance or tile tmnsportation improvements and related facilities arc
compatible with the long range planning goals and objectives or the Growth Management Plan ror
Collier County.
5. It is necessary and in lhe best interest or Collier County for lhe Board to acquire the road
right.of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration
interests by casement and/or the fee simple title interests identified in Exhihit "A"; and Counly St.llTis
hereby authorized and directed to ;'lcquire by gill or purchase the perflc(ual. non-exclusive, rO:'ld
righl.of-way, sidewalk, slope, utility. drJinagc, maintenance and temporary drivcway restoration
interests by casement and/or fee simple title interests on the propcrtles identified in Exhibit "A".
6. The Chaimlan oflhc Board is hereby authoril.ed 10 exccute Appraisal Agreements with the
appraisal fiml(s) selected from the list of finns prc.qualified by the Board of County Commissioners.
The Board further directs staff to use appraisal repons or internal compensation estim:llCs as stall'
dctemlines is necessary to best serve (he needs of tile Project in a timely and cost-cffective manner.
-Page 2-
80 1
7. The OOJru, in .1ccon.lancC' with 1he provisiolls nfC'har1cr 125..155, Florida SI<lIUlcS, hcrchy
Connally waives the requirement for a fannal. independent appwisal report for the purchase of ,i1
property where the purchase price ('l(the parcel (the compensation dlll:" 10 the property owner) i,: kss
than One Hundred Thousand and 00/100 Dollars (S I 00,000.00). IllliclI of the independent aPj1r~li~al
report, staff is hereby authorized 10 make purchase offers for the propcr1ics. the dollilT amollllls (J r
which sh<lll be predicated on "starr cOl11pcns:l\ion estimates" !-lascd upon independent appraiSOlI'i (:lIll.l
the d.na lhcrcfrom) obtained on similar properties and upon consideration and applic:l1ioll of
appropriate market value and cost dalJ pcnincnt to the suhje-..:t rarCl..'ls.
8. Upon the approval hy the CounlY Altomey's Office of all docutllents I1CCe-SS;lry for thc suhject
propcny acquisition. Real Propeny MnnagemeIH Dcranment slafr is herehy direc1ed to offer
immediate delivery to the respective property owners of the fllll comrcnsation (as estahlished by the
appraisal or staff compensation cstilllat<..'s in accordance with the provisions 0 f Charter 125.)55.
Florida Stawtes). in return for the immediate and prorcr exec LIlian of Ihe resreclive casements. ,lilt!
such other legal documents and/or affidavits as the Counly Attorney's Onice deems appropriate in
order 10 protect lhe interests of the (oullty; and Ihe Board herehy authorizes its present Ch3irwom:1Il
and any suhsequent Chairnlan/Chairwoman, for the life of the Project. to execute any instnll1u:,nts
which have heen approved by the Onice of the County Alton1ey which may include agreements.
documents (0 remove the lien of any encumbrance, and for any SllCh other purpose as Illay be required
for the acquired road right-of-way. sidc\\'aH:. slope. utility. drainage. maintenance and tcmpomry
drive\v3)' restoration interests hy C;lsell1enl and/or rec simple title interests
9. In those instances \",herc negotiated settlements may be obl;'lined via the "Purchase Agreement"
or "Easement Agreement" mechanism, lhe Director of the Public Works Engineering Department. or
his designee. is charged with the responsibility for completion of vanous c~lpilal impro\'ement projects.
and is hereby delegated the authority to approve the purchase of land interests ahove the staff
compensation estimate or appraised vOllue and pay nomlally relnted costs when il is in the best interest
oCthe Projccl, within the pro-rata share of tile land rights acquisition hudgel for the parcel being
acquired. only when the difference between the purchase price ;Uld compensation estimate or appraised
value is less than Fifteen ThouS:llld and 00/100 Dollars (SI5.000.00) or the current purchasing lil11its
established by the Collier County Purchasing Depanment; provided. Projo.:ct funding is available.
.page J-
80 1
10. That the settlement approval authority is delegated by lhe Board to the exlent 11wl such
approvals do nol connict with the provisions of Seclion t 25.355. Florida Statutes.
II. The Chainvoman'oflhc Board is hereby authorized to execute Easement Agreements ami
Purchase Agreements where the land owner has agreed to sclllhc required land rights 10 the County at
its appraised value or at that amoul1t considered the "Administrative SClllcmell1 Amount" as stich Icnn
is internally used hy the administrative agencies of Collier County.
12. Where the property owner agrees, by "Purchase AgrccllH:nl" or "Ea~cmclll Agreement", 10
convey a necessary interest in real property to the County. and upon the proper execution by lhe
property owner of those casements or fee simple tille, and sllch other legal doc~mlents as the Omce of
the County Attorney may require, the Board hereby authorizes the Finance Depmtment to issue
warrants. payable to Ihe property owner(s) ofrccord, in those amounts as shall be specified on a
closing statement and which shall be based upon the appraisal or staffcompel1salion estimate in
accordance with this Resohuion and the provisions of Section J 25.355, FJoridn Slu!utcs.
13. All title 10 properties or interests in properties which have hecll obtainec.l inlhe manner
described above shall be deellled "accepted" by the Boaru of County Commissioners, as Ihe governil1g
body of Collier County, Florida, a political subdivision of Ihe SWte of Floridu, UI1U as such, staff is
hereby authorized to record in the Public Records of Collier County, Florida, said e;lscments or fee
simple title and such other instruments as mOlY be required to remove the lien of any encumbrance from
the acquired properties.
AND IT IS FURTHER RESOL YED that all property shall bc put 10 puhlic purposes.
AND IT IS FURTHER RESOLVED thallhc County staff is hereby authorized to i01medintcly
acquire by gin, purchase or condemnation in aecordOlnec with the provisions of Chapters 73. 74 and
127, Florida StatLltes,the above-referenced real property intercsts more par1iclllarly ueseribed in
Exhibit "A" , Olttached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes arc 10Ciltcd on the property sought
to be acquired.
AND IT IS FURTHER RESOLYED that this Resolution supersedes Connty Resolution No.
99-228.
-Page 4-
80 1
This Resolution adopted on Ihisa.h~oy of ~9T..IlNlt..II:'i) ,1999, aner mOllon, second and
majority vole.
A TrEST:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY. FLORIDA
~ . - ///
By:, .) ') _');/11{)./:;'-li
'Pamela S. Mll~'Kic. Chairwoman
.......DWIGHT E..BROCK. CLERK
. .,"0
/:....~,' ",'" _ ..... . "~'~.~I1l. n.C'.
c'. \
, : : .Cler~
Attest 1I'.to Cll.II'SlA',
'Igutur....on 1J.
Approved as to form
and legal sufficiency
bit! (k /1/11/L "------,
Heidi F. Ashton
Assistant County Attorney
-Page s~
. ~ "
PUBLIC WORKS ENGINEERING DEPARTMENT 80
3301 EAST T AMIAMl TRAIL I NAPLES. FLORIDA 34112
(941) 774-8192
..
I
LEGAL DESCRIPTION (NOT A SURVEY)
..
PROJECT NO..60111
PARCEL NO... 1 0 !
FOLIO NO... 00255Z4=
TeMPORARY DRlVEW A Y
RESTOR.. TlOi(ASEMENT
LEGAL DESCRIPTION
A parcel of land lying in Section 12, Township 49 South. Range 25E, Collier County,
Florida, and being more particularly described as follows;
The East 75.0 feet of the West 317.0 feet of the North 20 feel of the South 95 feet of the
East Half of the Southwest Quarter of the Southwest Quarter, Section 12. Township 49
South, Range 25 East. Collier Counly, Florida.
Containing 1500 square feet more or less.
Parcel No. 70 I
bob\paa'Ja1d.036
EXHIBIT
,4
~"'5t... \ a 10"
PREPARED By.~/?&~....DATE..t'pJA.1
7{'~~GE R. RICHMOND
PROFESSIONAL LAND SURVEYOR.FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES. FLORIDA 34112
1