Resolution 1994-224
IlESOLUTIOK NO. 94 - --2.2.4
APRIL 5. 1994
RESOUlTION 01' THE BOARD 01' COUNTY COHMISSIOtlERS OF COLLIER
COUJITY. FLORIDA, AUTIlORIZING THE ACQUISITIOtl OF ROAD
RIGHT-OF-WAY, UTILITY, DRAINAGE AKD MAIIITENAlICE EASEKElITS OR
THE PEE SIMPLE TITLE BY GIFT OR PURCHA5~ WHICH ACQUISITIOllS
ARE REQUIRED FOR THE WIDENING IMPROVEMENTS 01' TIlE C.R. 951
PHASE I PROJECT (FROM U.S. 41 TO C.R. 864 (RATTLESNAKE
IIAJlMOCK ROAD)) .
WHEREAS, the Board of County Commissioners, on October 26, 1993,
adopted Ordinance 93-78 and Resolution 93-493 therein establishing the
1993 (Fifth Annual) Capital Improvement Element of the Growth
Kanaq...nt Plan in order to establish priorities for the design,
riqht-of-way acquisition and construction of the various capital
iaprov...nt projects which comprise the Transportation Element of the
County's comprehensive Plan, and of which Plan the four-laning
iaprov...nts to C.R. 951 from U.S. 41 to C.R. 864 (Rattlesnake Hammock
Road) Phase I Project (hereinafter referred to as the "Project") are
c:oaponent parts I and
WHEREAS, alternate locations, environmental factors, long range
planning, cost variables, concurrence, and 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 improvements (see
Exhibit "A") oither by perpetual exclusive easements, non-exclusive
ease.ents or by fee simple acquisitions; and
WHEREAS, the construction of said transportation improvements and
related facilities has been determined by the Board of County
Coaaissioners Of Collier County, Florida, 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 help Collier County meet the concurrence requirements
of the Growth Kanagement Plan for Collier County.
-Page 1-
~OQ( 000....,244
APRIL S. 1994
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD Of' COUIITV COMMISSION-
ERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has considered th~ environmental factors, safety factors
and coat factors relating to the location of the transportation im-
prov.-ents and related facilities.
2. The road right-of-way, utility, drainage and maintenance ease-
..nts or fee simple acquisitions identified on Exhibit "A" are the most
feasible locations in order to permit the construction and maintenance
of the transportation improvements and related facilities.
3. The Board has determined that the construction and maintenance of
the transportation improvements and related facilities are necessary
and in the best interest of Collier County.
4. The construction and maintenance of the transportation improve-
..nts 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, utility, drainage and
aaintenance easements or fee simple title identified in Exhibit "A";
and County Staff is hereby authorized and directed to acquire by gift
or purchase the road right-of-way, utility, drainage and maintenance
ea....nts and/or the fee simple title of the properties identified in
Exhibit "A", attached hereto and incorporated herein.
6. The Chairman of the ~ard of County Commissioners is here~y
authorized to execute Appraisal Agreements with the appraisal firm(s)
selected frOm the list of firms pre-qualified by the Board of County
eo.aissioners. The Board further directs staff to use appraisal
reports or internal compensation estimates as staff determines is
necessary to best serve the needs of the Project in a timely and cost-
effective manner.
BDo!( 000 Plr.~ 245
APRIL S. 1994
7. The Board of County Commissioners, in accordance with the pro-
visions of Chapter 125.355, Florida Statutes, hereby formally waives
the requireaent for a formal, independent appraisal report for the
purchase of a property where the purchase price of the parcel (the
coapensation due to the property owner) is less than One Hundred
Thousand and 00/100 Collars ($100,000.00). In lieu of the independent
appraisal report, staff is her.by authorized to make purchase offers
for the properties, the dollar amounts of which shall be predicated on
.staff coapensation estimates" based upon independent appraisals (and
the data therefrom) obtained on similar properties and upon
consid.ration and application of appropriate narket 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 prop.rty acquisition, Real Property Manage-
..nt Departm.nt staff is hereby directed to offer immediate delivery to
the respective property owners of the full conpensation (as establish-
ed by the appraisal or staff compensation estimates in accordance with
the provisions of Chapt.r 125.355, Florida Statutes), in return for the
t.aediat. and proper execution of the respective easement. and/or
deeds, and such other leqal documents and/or affidavits as the County
Attorney's Office deems appropriate in order to protect the interests
of th. County; and the Board of County Commissioners hereby authorizes
its pr.sent 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 for the acquired road
right-of-way, utility, drainage and maintenance easements or fee simple
titl..
9. In those instances where neqotiated settlements may be obtained
via the .S.ller's Affidavit., .Purchase Agreement" or "Easement
Aqr....nt. mechanism, the Director of the Office of Capital Projects
Kanagement, or his designee, is charged with the responsibility for
completion of the various capital improvement projects and is hereby
IDOl( 000 PI~~ 246
-Paqe 3-
.
APRIL S. 1994
delegated the authority to approve the purchase of land intcrezt5 above
the staff coapensation estimate or appraised value and pay normally
related costs when it is in the best interest of the project, within
the pro-rata share of the la~d rights acquisition budget for the parcel
being acquired, only when the difference between the purchase price and
staff coapensation estimate or appraised value is less than six
Thousand Five Hundred and 00/100 Dollars ($6,500.00). This settlement
approval authority is deleqated by the Board of County Commissioners to
the extent that such approvals do not conflict with the provisions of
section 125.355, Florida Statutes.
~.
~
t. 10. The Chairman of the Board of County commissioners is hereby
authorized to execute Purchase Agreements and Easement Agreements where
the land owner has agreed to sell the required land rights to the
County at its appraised value or at that amount considered the
"Adainistrative Settlement Amount" as such term is internally used by
the ada1nistrative agencies of Collier County.
11. 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 and/or
deeds, and such other legal documents as the Office of the County
Attorney may require, the Board hereby authorizes the f'inance
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
estiaate in accordance with this Resolution and the provisions of
section 125.355, Florida statutes.
12. All title to properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County
co.aissioners, as the governing body of Collier County, f'lorida, a
political subdivision of the state of Florida, and as such, staff is
ioK 000 Plr,~ 247
-""'("J~ 4-
APIlIL S, 1994
hereby authorized to record in the Public Records of Collier County,
Florida, said deeds and such other instruments as may be required to
r-.ove the lien of any encumbrance from the acquired properties.
THIS RESOLUTION ADOPTED after motion, second and majority vote.
DATED:
~A;;}y
OF
A'ITEST:
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1: V~oc ;Cle k
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ApproVed as t:O;'fcti'a and
l~ ~tticien~ .
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Asd.tarit -~nty Attorney
&DOlt 000 PI',~ 248
-Page 5-
I L.L" t!' It...
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA
(813) 774-8192
EXHIBIT "A"
P.1Cle 1 of 4
APJ.IL S. 1994
33362
PROJECT 110
PROJECT PARCEL NO
TAX PARCEL NO
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP SO SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA:
COMMENCE AT THE POINT OF INTERSECTION OF THE EAST RIGHT -0, -WAY
LINE OF U.S.41 (SR 90) AND THE CENTERLINE OF C-9S1; THENCE RUN
AlONG THE CENTERLINE OF C-951 N35'40'08'E A DISTANCE OF 1320.00
FEET; THENCE SS4'10'52"E A DISTANCE OF 50.00 FEET TO THE SOUTH
RIGHT-OF-WAY LINE CR 951 AND THE POINT OF BEGINNING. OF THE
PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE ALONG THE SOUTH
RIGHT-OF-WAY LINE OF C-951 N35'40'OS"E A DISTANCE OF 441S.25
FEET TO A POINT OF CURVE; THENCE ALONG SAID CURVE TO THE LEFT
HAVING A RADIUS OF 2914.93 FEET, A CENTRAL ANGLE OF 25'18'OS".
AN ARC LENGTH OF 1287.21 FEET. AND A CHORD WHICH BEARS
N23'01 '06"E TO A POINT ON A NONTANGENTIAL LINE, SAID LINE
BEING THE WEST RIGHT-OF-WAY LINE OF A COUNTY ORAINAGE CANAL
RIGHT-OF-WAY; THENCE ALONG SAID WEST LINE SOO'Sl'S3"W A
DISTANCE OF 243.73 FEET TO A POINT A NONTANGENTIAL CURVE, SAID
POINT LYING 50.00 FEET SOUTH. AS MEASURED PERPENDICULAR TO, THE
SOUTH RIGHT-OF-WAY LINE OF C-9S1; THENCE ALONG AFORESAID CURVE
TO THE RIGHT HAVING A RADIUS OF 2964.93 FEET, A CENTRAL ANGLE OF
20"39'03", AN ARC LENGTH OF 1 06S.64 FEET, AND A, CHORD WHICH
BEARS S25'20'36'w TO ITS POINT OF TANGENCY; THENCE CONTINUING
ALONG A LINE WHICH LIES 50.00 FEET SOUTH, AS MEASURED PERPENDICULAR
TO, THE SOUTH .RIGHT-OF-WAY LINE OF C-951 S3S'40'OS"W A DISTANCE
OF 4415.24 FEET; THENCE NS4'20'16'W A DISTANCE OF SO.OO FEET TO THE
POINT OF BEGINNING. CONTAiNING 6.411 ACRES-MORE OR LESS.
BASIS OF BEARINGS ARE THE CENTERLINE OF C-951 = N3S' 40'08" E.
NOTE: BASIS OF BEARINGS, RIGHT-OF -WAY, AND BOUNDARY INFORMATION
ARE TAKEN FROM AND RELIED ON "STATE OF FLORIDA, RIGHT-OF-WAY MAP.
SECTION 03510-2602 AND DATED MAY 27,1960:
EOR E R, RICHllONO, PLS
FlORIDA <.ERTlFlCATE NO. 2406
, PLS
lOOK 000",,249
SCAlE : NTS
DRAWN BY' TR
CHECKED BY: MM
FILE NO:
REVISED:
GEORGE R. RICHMOND
PROFESSIONAL LANO SURVEYOR 12406
OFFICE OF CAPITAL PROJECTS
COUJER COUNTY GOVERNMENT COMPLEX
3301 E. TAMIAMI TRAiL NAPLES, FL 33962
-....
CHlOCUl m sau:
NTS
DATE>
nu:: NO.:
1/12/94
SHEET 2 OF 2
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-",
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 33~62
(813) 774-8192 APRIL 5, 1994
EXHIBIT "^"
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SKETCH OF DESCRIPTION
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a::
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~
rIG~F-WAY
C-9S1
~I P.O.C.
I C.B.- N23'Ol'06"E
C.O.- 1,276.78'
N35"40'08"E _ -.E..~ ~ ~<{ _
,-ln20.00' 0 B {CSOUTH
1 - . , . 0' RICHT-OF-WAY
I I 44'S.2S' UN.
----- --
W ~ N3S' 49'08" E 0'
N ~
CURVE DATA 11
R - 2.914.93'
t::. - 2S" 8'OS'
ARC- 1,287.21'
...
1Il
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, :.,
00
;;g
~
441S.24'
"
N
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on
z
CURVf DATA M?
R - 2,964.93'
t::. - 20'J9'OJ"
ARC- 1.068.64'
C.B.- S2S'20'J6"W
C.D.- 1,062.86'
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GENERAL NOTES
1 P.O.C. indicote:l Point of Commencement
2 P .O.B. indicate, Point of Beginning
.) Sec. indicates Section
. Twp. Indicate. Township
.5 Rge. Indicate. Range
6 R/W indicat.. Ri9ht-Of-Way
7 All distance. or. in feet C1nd decimal. thereof
8 Bo.i. of Bearing., Right-Of-W~. and Boundory Information
are token from and relied on STATE OF FlORIOA", Right-'Of-Woy
Mop, Section OJ510-2602 and doted Morch 27, 1960".
9) Not v.olid unle.. .igned and .eoled with the embo..ed
seal of the professional land surveyor
THIS IS ONLY A SKETy~ OOOM250
ru NO.1
.'~"'~'-'-";"_~~_'"_'_"~_'_",",_~.,w_ >~~."-""._d,.,,'_~~'""_~.~".
. .,-.',,-, .,(..
SHEET 1 Of" 2
_ .. "_~'~C _~ .,
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 33962
(813) 774-8192 APRIL 5, 1994
EXII B "A"
Page 3 of 4
LEGAL DESCRIPTION
PROJECT NO
PROJECT PARCEL NO
TAX PARCEL 1.'0
THE NORTHWESTERLY FIFTY (50') FEET OF THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE EAST 1/4 CORNER OF SECTION 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, RuN SOUTH 00"41'31" WEST FOR 62~.67
fEET; THENCE RUN NORTH 54'20'16" WEST ON A LINE 400.00 FEET
NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF -WAY LINE OF
FlORIDA STATE ROAD 90 FOR A DISTANCE Of 4350.31 FEET TO THE EAST
RIGHT-Of-WAY LINE Of STATE ROAD 951; THENCE RUN NORTH 35'40'08"
EAST AlONG SAID RIGHT-Of-WAY LINE fOR 920.00 FEET; THENCE RUN
SOUTH 54'20'16" EAST fOR 3707.61 FEET TO A POINT ON THE EAST
SECTION LINE OF SAID SECTION 3; THENCE RUN SOUTH 00"46'03"
WEST ALONG SAID EAST SECTION LINE FOR 492.58 FEET TO A POINT OF
BEGINNING, EXCEPT THAT PORTION LYING SOUTH AND EAST OF STATE
ROAD S-951 CANAL, SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLUER COUNlY, FLORIDA.
ORGE R. RICHMOND, PLS
FLORIDA CERTIFICATE NO. 2405
&OOK OOOPlr,l251
SCALE : NTS
DRAWN BY' TR
CHECKEO BY: MM
FILE NO:
REVISED:
GEORGE R. RICHMOND
PROFESSIONAL LANO SURVEYOR 12406
OFFICE OF CAPITAL PROJECTS
COLUER COUNTY GOVERNMENT COMPLEX
3301 E. TAMIAMI TRAIL NAPLES. FL 33962
-...
SHEET OF 2
~
@
~
(NOT TO SCALE)
r,
EXHIBIT '.,1 ,.
Paq. 4 of 4
SKETCH OF LEGAL DESCRIPTIO"
PUD RIGHT-OF-WAY COHHITHEIlT
aOOK (J(J()'I,~~:J~
APUL 5, 1994
SUBJECT R/W
CONVEYANCE
WOODF:I:ELD LAKES
PUD
SPorET Z of Z