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Resolution 1994-225 RESOLllTION NO. 94- ~5 APIlIL 5, 1994 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER UUUft.~, FLORIDA, AUTHORIZING THE ACQUISITION OF ROAD RIGHT-OF-WAY, llTILITY, DRAINAGE AND MAINTENANCE EASEMENTS, TEMPORARY CONSTRUCTION EASEHE!fTS OR THE HE SIMPLE TITLE BY GIFT OR PURCMASE WHICH ACQUISITIOIIS ARE REQUIRED FOR THE WIDENING IMPROVEMENTS OF THE C.R. 951 PHASE II PROJECT (FROM C.R. 864 {RATTLESNAKE HAMMOCK ROAD} TO S.R. 84 (DAVIS BOULEVARD)) . WHEREAS, the Board of Cou~ty 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 Kanageaent Plan in order to establish priorities for the design, right-of-way acquisition and construction of the various capital iaprovement projects which comprise the Transportation Element of the County'. Comprehen.ive Plan, and of which Plan the four-laning iaproveaents to C.R. 951 from C.R. 864 (Rattlesnake Hammock Road) to S.R. 84 (Davis Boulevard) Phase II (hereinafter referred to as the "Project") are component parts; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, and safety and welfare conaid.rations have been reviewed as they relate to the implementation ot .aid 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") either by perpetual exclusive easements, non-exclusive .a....nt. or by fee simple acquisitions: and WHEREAS, the construction of said transportation improvements and r.lated facilities has been determined by the Board of County eo.ai.sioners of Collier County, Florida, to be necessary and in the be.t int.re.t of Colli.r County: and WHEREAS, the construction of the transportation improvements and r.lated facilities contemplated by the Project is 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 Management Plan for Collier County. ~OO( 000 'I'.~ 25G APRIL 5, 1994 HOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUIITY COMMISSIotl- ERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has considered the environmental factors, safety factors and cost factor. relating to the location of the transportation im- prov...nts and related facilities. 2. The road right-of-way, utility, drainage and maintenance ease- ..nts, t..porary construction easements or fee simple acquisitions " ;, identified on Exhibit "A" are the most feasible locations in order to perait the con.truction and maintenance of the transportation i~rov...nt. and related facilities. ~ '.. 3. The Board has determined that the construction and maintenance of the tranaportation improvements and related facilities are necessary . and in the best interest of Collier County. 4. The con.truction 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 t County. '0' j It 5. It is neces.ary and in the best interest of Collier County for the Board to acquire the road right-of-way, utility, drainage and aaintenance easements, temporary construction 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 easements, temporary construction ......nt. and/or the fee simple title of the properties i~qntified in Exhibit "A", attached hereto and incorporated herein. 6. The Chairman of the Board of County Commissioners is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) ..lected from the list of firms pre-qualified by the Board of County -Page 2- 'M' ONk. ?,r:)7 APIlIL 5, 1994 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. 7. The Board of County commissioners, in accordance with the pro- visions of Chapter 125.355, Florida Statutes, hereby formally waives the reqgir...nt 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) is less than One Hundred Thousand and 00/100 Dollars ($lOO,OOO.oO). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers tor the properties, the dollar amounts of which shall be predicated on "statt 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 tor the subject property acquisition, Real Property Manage- ..nt Departsent staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as establish- ed 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/or deeds, and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests ot the County: and the Board of County Commissioners hereby authorizes its present Chairman and any subsequent Chairman, tor t~~ 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 tor any such other purpose as may be required for the acquired road right-Of-way, utility, drainage and maintenance easements, temporary construction easements or fee simple title. IOO( oeo PI',; 258 -Page 3- APIlIL 5, 1994 9. In those instances where negotiated settlements may be obtained via the .Seller's Affidavit., "Purchase Agreement" or "Easement Agr....nt. mechanism, the Director of the Office of Capital Projects Manag...nt, or his d.sign.e, is charged with the responsibility for ~letion of the various capital improvement projects and is hereby d.legated the authority to approve the purchase of land interests above the statt compensation estimate or appraised value and pay normally r.lated costs when it is in the best interest of the Project, within th. pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and statt compensation estimate or appraised value is less than six Thousand Five Hundred and 00/100 Dollars ($6,500.00). This settlement approval authority is delegated by the Board of County Commissioners to the .xt.nt that such approvals do not conflict with the provisions of section 125.355, Florida statutes. 10. Th. Chairman of the Board of County commissioners is hereby authorized to execute Purchase Agreements and Easement Agreements where the land own.r has agr..d to s.ll the required land rights to the county at its appraised value or at that amount considered the "Administrative Settlement Amount. as such term is internally used by the administrative agencies of Collier County. 11. Wh.r. the property owner agrees, by sworn affidavit or agreement ("S.ller's Aftidavit., .Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the proper .x.cution 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 Finance Departsent to issue warrants, payable to the property owner(s) of r.cord, 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. ~OOK 000 W.! 259 APRIL 5, 1!l!l4 12. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board ot County commissioners, as the governing body of Collier COunty, Florida, a political subdivision of the State of Florida, and as ~ch, staff is hereby authorized to record in the Public Records of Collier COunty, Florida, said deeds or easements and such other instruaants as may be required to remove the lien of any encumbrance tram the acquired properties. TRXS RESOLUTION ADOPTED atter motion, second and majority vote. DATED: J . ATIt~rS OF ;;1 . . 4f~r;~~- " '. ; I , ..~. ~. . tine, C airman Approvllc1 as to tOrll and leqal ~tficiency: st1r~dJt~ Assistant County Attorney ~OOK (J()()PI>!~ APRIL 0, 1994 lid I I I 10 I --'---;,1 I I: I --.-t EXHIBIT "A" Paoe 2 of 2 t'O II " SHREWSBURY ASSOC, LTD. en .<tf1 'In1J o . 1_______ SHREWS8URY 4SS0e, LTD. . _,.~'~.~ ~). ~"-or.!'!. ~t J_. SHREWSBURY ASSOC, (01 1417 ""12 J SOUTH II) 0' NORiiir/2 - - "AX It. ISRAEtSOU (Olt ''In ".0' ~,tjtc.tiO" l::.L __ MAX It. ISRAELSON (Olt 417 " sui NORTH 1/2 OF SOUTH 1/2 ._ _l)~i~~'" Ifl ~,,~~: J__ ___ TH(OOOI[ .. HIlliN COLLIER COUNTY (O"IUS" nil II " S I 21 RATTLESNAKE HAMMOCK ROAO HOTES t. .....U,. .... ...., ,.. U. ....l..."...., C.1l. "' ~OO( 000 'I'" 261 r- I ,. -l I ,c' ~I 000. ". : . '" :8: en .- Ii u ~ . I! I. I'~ I "I " 22 23 I IKlTCH TO ACea'PAHt Dtla"'TION PROPOSED RIGHT OF ~AY C.R. NO. 951 SEC. 15. TIIP 50 S. RCE 26 E COlLIER COUNTY, FLORIDA tHIS IS NOT A SuRVEY ~~~,q v. "I . ..... . . ~IClilW.I.AIC) . I'LCM.lOA CU11'1t;AU ""'''1'':''':".1.- .', "---. 1","AI"1f;,('\I1 ~IO l'. \ 15 If!I APRIL 0, 1994 I ' , , I '0 " I~ " SHREWSBURY ASSOC, LTD. fOil '''17 ... 1111) -- -- -- NORTH 2/3 OF HORTH 1/2 SHREwSBURY ASSOC, LTD. r ~i :: f~ U1 11:8: en Ii '"'i a:: 'hiliI'! lint J 50vth ,) of. "ort" t[ ~ .. ! SHREWSBURY ASSOC, LTD. -- ____ - --!!.II!:!!! ,,~,__ MAX R. ISRAELSON (01114.. ,. .OJ "4 SHtio" L;:f) '. , , MAX R. ISRAELSON (011""'" IU) II !~I I~ I- ll~ '. I': I I ,~ I .:=~I zz , , " I.. Z3 i u ";to\l'" lint IktIfh III: of 50"'1'1 n ; T"I:OOOIII: . ""ISH COLLIER COUNTY COli""" nJl " 51 I I HAMMOCK ROAD RATTLESNAKE NOTES I. .....1... .... ....,... l'lf ..'H.,.II....' (.iIl "' EXHIBIT "A" Page 2 of 2 IOO~ 000 P".! 262 SI';!TCH TO ACCOrV"AHY O(SCIl:l'TICH PROPOSED RIGHT OF VAT C.R. NO. 95\ SEC. 15. Till' 50 S. Rot: 26 E COLLIER COUNTY. FLORIDA THIS IS NOT ~ SUllYEY ~ -: - - -'- ~- -.tf:-o" ..:: v.. f PaOOT. ~.' ~_ PMnatClMAL UIO '\'cIllO. caTlflCAll JrCI........ . I SHREWSBURY ,usoe, LTD. _,~,~__",_., ~_",~__-.c~"-___'.~_....-~~~_._.~~. ....-.......-.,. APRIL ~, 19114 ~ N ENGINEL.~ING. INC. t( j~.- ~ " 'h f~. ... 'WIT..... ;;,t, \,......K. fE.H~" c-A='" t.: Tn. TON COOH.... OICKEY . ,,",lUNG J. KALAL ........""" nHOU:Y KI..... Jilt. JIIOM~ROY JA'UUCO c. eULL AWINTE.. ...... .. eULIIOH "O-."I~H CIVIL ENGINEERS ANO LAND SURVEYORS Jonuat")' 8. 1991 DESCRIPTION PARCEL IN SECTION 15. T. SO 5.. R. 26 E. COLLIER CQUJITY. FLORIDA FOR PROPOSED COIlVEYANCE ISRAELSON TO COLLIER COUNTY \ \ 1be easterly 25 feet of lands described in Official Record Book 497 at Pap 363 and Official Record Book 1439 at Page 90 of the public record. of Lee COunt)'. Florida being further described 85 follovo : The West 25 feet of the East 125 feet of the north half (H-1/2) of the south half (5-1/2). AIlD The Wast 25 feet of the East 125 feet of the .outh one- third (5-1/3) of the north half (H-l/2) LFSS the North 370.78 feet. ALL in Section 15. Town.hip 50 South. Ronge 26 East. WBP Ipd 18793 ~~.~ W. BR 'IT POMEROY f .. profe..ional Land surveyor Florida Certifica.. Ho, 4448 . ~i{f.%'5:::}:" ,. EXHIBIT "A" Paoe 1 of 2 &OOK 000 PI~! 2U3 .. ._"""Co.I SEC. 10. Tur eo 8. RCt 28 E COLLIER COUNTY. FLORIDA .... J~~y~~O~I~~I~EERING, INC. ..,. _ .,...,. f'IW1 .f1cr: IGII ,... ,on ~~ SUftvtYORS ~, . ",_n... """"1_ "'''''.1111 11'1'" "..... ..-.c . "OClt'J1 nt.OOf' ,..10_11 ...ar .., T. ...1, I ., I CITlZlHS a 50UTHE:"" rn. co. ~WiiA"j~ ".11..'- ..... IUl>(Y . _ <U/lf.I~l< .... .... ..-... .