Resolution 1996-457
OCT - 8 1996
RESOLUTION NO. 96- 457
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF ROAD RIGHT-OF-WAY,
SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY
CONSTRUCTION EASEMENTS AND/OR FEE SIMPLE TITLE BY GIFT OR
PURCHASE WHICH ACQUISITIONS ARE REQUIRED FOR THE FOUR-LANING
IMPROVEMENTS FOR LIVINGSTON ROAD BETWEEN GOLDEN GATE P ARKW A Y
(C.R. 886) AND RADIO ROAD (C.R. 856) CIE NO. 53.
WHEREAS, the Board of County Commissioners (Board), on September 27, 1994 adopted
Ordinance No. 94-54 therein establishing the 1994 (Sixth Annual) 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, the four-Ianing roadway improvements to Livingston Road between Golden Gate
Parkway (C.R. 886) and Radio Road (C.R. 856) are component parts of the Transportation Element of
the County's Comprehensive Plan; 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 the four-Ianing roadway improvements for Livingston
Road between Golden Gate Parkway (C.R. 886) and Radio Road (C.R. 856), hereinafter referred to as
"Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, the desi~l 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
citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements
of the Growth Management Plan for Collier County.
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OCT - 8 1996
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. 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 road right-or-way, sidewalk, slope, utility, drainage. maintenance and temporary
construction casements and/or the fee simple title acquisitions identified on Exhibit "A" are the most
feasible locations, both necessary and consistent with the project requirements, in order to pennit the
construction and maintenance oflhe transportation improvements and related facilities for the
Livingston Road four-Ianing improvements between Golden Gate Parkway (C.R. 886) and Radio Road
(C.R. 856), CIE No. 53.
3. The Board has detennined that the construction and maintenance of the four-Ianing transpor-
tation improvements and related facilities are necessary for a public purpose and is in the best interest
of Collier County.
4. The construction and maintenance oflhe 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 road
right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary constmction casements
and/or the fee simple title identified in Exhibit "A"; and County StafTis hereby authorized and directed
to acquire by gift or purchase the perpetual, non-exclusive, road right-of-way, sidewalk, slope, utility,
drainage, maintenance and temporary construction easements and/or fee simple title on the properties
identified in Exhibit" An.
6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the
appraisal finn(s) selected from the list of finns pre-qualified by the Board of County Commissioners.
The Board further directs staff to use appraisal reports or internal compensation estimates as staff
detennines is necessary to best serve the needs of the Project in a timely and cost-effective manner.
7. The Board, in accortJance with the provisions of Chapter 125.355, Florida Statutes, hereby
formally waives the requirement for a fonnal, independent appraisal report for the purchase of a
property where the purchase price of the parcel (the compensation due to the property owner) is less
than One Hundred Thousand and 00/100 Dollars (5100,000.00). In lieu of the independent appraisal
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OCT - 8 1996
report, staff is hereby authorized to make purchase offers for the properties. the dollar 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 ncecssary 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 orthe 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 ofaoy encumbrance and for any
such other purpose as may be required for the acquired road right-of-way, sidewalk, slope, utility,
drainage, maintenance and temporary construction easements and/or fee simple title.
9. In those instances where negotiated settlements may be obtained via the "Seller's Affidavit",
"Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Office of Capital
Projects Management, or his designee, is charged with the responsibility for completion of various
capital improvement projects, and is hereby delegated the authority to approve the purchase of land
interests above the stafT compensation estimate or appraised value and pay nonnally related costs whcn
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, only when the difference between the purchase price and compensation
estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars ($15,000.00) or the
current purchasing limits established by the Collier County Purchasing Department; provided, Project
funding is available.
to. 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 is hereby authorized to execute Easement Agreements and Purchase
Agreements where the land owner has agreed to sell the required land rights to the County at its
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OCT - 8 1996
appraised value or at that amount considered the" Administrative Settlement Amount" as such term is
internally used by the administrative agencies of Collier County.
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 to 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} ofreccrd, 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 fee simple title
and such other instruments as may be required to remove the lien of any encumbrance from the acquired
properties.
TJ{JS RESOLUTION ADOPTED on this ~day of ~
majority vote.
. 1996, after motion, second and
........
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, F A
. ATTEST:' , .
,- DWTGHT E. BROCK;~LERK
~t'"~o~
Approved as to form and
&1~eY} A~
e.d. F. Ashton
Assistant County Altomey
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RESOLUTION 1996-457
EXHIBIT "A""
ADOPTED
OCTOBER 8" 1996
CAN BE FOUND ON
MICROFILM IN THE MINUTES
AND RECORDS DEPARTMENT