Resolution 1993-027
JANUARY 26, 1993
RESOLUTION NO. 93-27
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
DECLARING THAT A FEE SIMPLE INTEREST IN REAL PROPERTY IS THE PREFERRED INTEREST
SOUGHT FOR THE ACQUISITION OF RIGHT-OF-WAY FOR TRANSPORTATION CAPITAL
IMPROVEMENT PROJECTS, AND SETTING FORTH THE RATIONALE THEREFORE.
WHEREAS, the construction ot transportation improvements, as identified
1n the Transportation Element of the Comprehensive Plan for Collier County,
shall in many instances require the acquisition of a right-ot-way by either
qitt, purchase or condemnation; and
WHEREAS, the right-ot-way for transportation improvements may be
purchased or condemned either as an e~5ement over, under, upon and across the
land; or the fee simple intere6t in the land itself may be purchased or
condemned; and
WHEREAS, full compensation, as required by the Constitution ot the State
ot Florida, tor the easement rights purchased or condemned for transportation
improvements is tantamount to the full compensation required for the purchase or
condemnation of the fee simple estate in property (between 90% and 100% of the
fair market value of the lands so appropriated, depending upon the property's
zoning and the appraiser's jUdgment): and
WHEREAS, the purchase or condemnation of the full fee simple estate in
lands required for near term transportation improvements provides the County
with a degree of control over the right-of-way which is superior to the control
afforded by an easement only, and which, in many instances,. may produce cost
savings on future public works improvement projects by gaining the maximum
flexibility over the uses permitted in the right-ot-way so acquired.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COl"ITY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that in consideration of long range planning and present
day coat. for transportation impro'lement projects, and in the interest of
exerciaing the maximum degree of control over the public road right-of-way which
~y allow the County to realize substantial savings by locating future public
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JANUARY 25, 1993
yorks projects within the acquired area, County staff is hereby directed to
purchase or condemn a transportation road right-ot-way in fee simple as the
preferred method of exercising maximum control over the right-of-way in order to
construct any anticipated capital improvement projects.
IT IS FURTHER RESOLVED that in those instances in which the purchase of
a full tee simple estate cannot be negotiated by County staff, and the costs
aS80ciated with a condemnation of the full fee simple estate may outweigh the
future benefits contemplated by full County ownership of the right-ot-way, and
when the owner ot the property is willing to convey a perpetual, "exclusive",
road right-of-way easement over, under, upon and across the property in
compliance ~ith the requirements of the transportation improvements, along with
the right to construct and ins~all subordinate utility and drainage
improvements, County staff is directed to negotiate a reasonable settlement for
the purchase of said "exclusive" easement, subject to Board approval, in lieu of
proceeding with an action in eminent domain against the subject property.
IT IS FURTHER RESOLVED that in those instances in which the purchase of
a perpetual, "exclusive 11 , road right-or-way easement over, under, upon or across
the property cannot be negotiated by County staff, and the costs associated with
a condemnation or the perpetual, non-exclusive road right-at-way easement may
outweigh the future benefits contemplated by the County's interest of the
right-of-way, and when the owner of the property is willing to convey a
perpetual, "non-exclusive", road right-Of-way easement over, under, upon and
across the property in compliance with the requirements of the transportation
improvements, along with the right to construct and install subordinate utility
and drainage improvements, County staff is directed to negotiate a reasonable
settlement for the purchase of said "non-exclusive" easement, subject to Board
approval, in lieu of proceeding with an action in eminent domain against the
eubject property.
IT IS FURTHER RESOLVED that, notwithstanding the future benefits to be
,
.derived by the County arising from a fee simple acquisition of the public
right-or-way, there exists those circumstances where the severance damagefi to
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JANUARY 26, 1993
remaining lands, as a result of the taking of the fee simple estate for the
transportation project, is of such an extent as to warrant the purchase or
condemnation of a lesser estate easement interest in order to mitigate or
eliminate Buch damages: and in such instances County staft is hereby directed to
undert~ke such analyses of future benefits VB. current costs as are relevant to
the determination as to the specific interest in real property the County should
acquire tor the instant project, and County staff may make such purchase offers,
or prepare such pleadings in eminent domain, as may be necessary to mitigate or
eliminate severance damages, and redUce total project cost.
UPON MOTION, SECOND, AND
DAY Of -.>2:7 -;f~
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MAJORITY VOTE, THIS RESOLUTION ADOPTED THIS
, 1993.
!. rJ).{'-
r'j Clerk
BOARO OF COUNTY COMMISSIONERS
OF.Jl~&RIDA
, Chairman
Burt L. Saunders
, ~.i.tant County Attorney
II~ fJOOPII, 94