Resolution 1995-569
RESOLUTION NO. 95- 569
OCT - 3 1995
A RESOLUTION AUTHORIZING THE ACQUISITION OF NON-EXCLUSIVE,
PERPETUAL DRAINAGE, UTILITY AND MAINTENANCE EASEMEUTS, SLOPE
EASEMENTS, FILL SLOFE AND RESTORATION EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE FOUR-
LANING ROADWAY IMPRCVEMENTS FOR C.R. 864 (RATTLESUAKE-
HAMMOCK) FROM '1. S. 41 TO POLLY AVENUE.
WHEREAS, the B)ard of County Commissioners, on September 27, 1994
adopted Ordinance No. 94-54 therein establishing the 1~94 (Sixth
l'nnual) Capital Imp ..'ovement Element of the Growth Mana('ement Plan in
cirder to establ ish orior i ties for t' 'e design, acquisi t on and
c:onstruction of the various capital improvement projec's which comprise
the Transportation i:lement of the Cr'unty's Comprehensi"e Plan: and
WHEREAS, the four-laning roadwhY improvements to C.R. 864
(~attlesnake-Hammock Road) from U.S. 41 to Polly Avenue are component
I ~rts of the Transportation Element of the County's Cm'prehensive Plan:
( 1d
WHEREAS, the Board of County CC ~missioners on Novpmber 22, 1994,
ejopted Resolution No. 94-810 autho. iz1ng the County Staff to acquire
by gift or purchase certain easements and fee simple title to the
property and property interests required and necessary for the
L,ur-laning roadway improvements of C.R. 864 (Rattlesnal(e-Hammock Road)
f l'om U. S. 41 to Polly Avenue; and
WHEREAS, the Board cf County C( 1missioners, on Api 11 25, 1995,
a ,proved the estimated acquisition ( }sts of certain eas...!ments or fee
simple title to property and property interests required for the
fotJr-laning improvements -::0 C.R. 864 (Rattlesnake-Hammo.:k Road) from
U.S. 41 to Polly Avel'le; and
WHEREAS, the County Staff has e'aluated alternative locations,
n ~iewed the environmental factors,.:onsidered the cost variables, and
analyzed the safety and welfare considerations as they lelate to the
construction of the four-laning roadway improvements fo! C.R. 864
(F~ttlesnake-Hammock load) from U.S. 41 to Polly Avenue; and
WHEREAS, the County Staff has recommended that it is necessary and
in the best interest of Collier County, florida, to acquire certain
non-exclusive, perpetual drainage, utility and maintenance easements,
slope easements, fill slope and restoration easement and temporary
construction easements which are required and necessary for the
construction of the four-laning roadway improvements for C.R. 864
(Rattlesnake-Hammoc'~ Road) from U.S. 41 to Polly Avenue; and
WHEREAS, the c.mstruct ion of the four-laning road\oJ'ay improvements
for C.R. 864 (Rattl~snake-Hammock Road) from U.S. 41 to Polly Avenue is
necessary in order 1.:0 protect the h'alth, safety and w. lfare of the
citizens of Collier County and is i'l the best interest of Collier
County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO! 'NTY COMMIS-
t ~ONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the
E)ard that the construction of the four-laning roadway improvements for
(.R. 864 (Rattlesnake-Hammock Road) from U.S. 41 to Po~ly Avenue
(:lereinafter referred to as lithe Pr/:ject") is necessar~: for a public
I Irpose and is in the best interest'. of Collier County,
AND IT IS FURTHER RESOLVED that the Board has reviewed the Staff
analysis regarding alternative locations, environmental factors, cost
\ ,riables, safety and \velfare considerations as they n, late to the
c~nstruction of the Project and finds that the most feasible location
fr the certain non-exclusive, perp' :ual drainage, uti: Lty and
maintenance easements, slope easemel LS, fill slope and ~estoration
easement and temporary construction easements are described in Exhibit
II A" attached hereto.
AND IT IS FURTH1.~ RESOLVED that the construction 0, the Project is
part of the County's long range plan that is included in the Trans-
p~rtation Element of the County's Comprehensive Plan.
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AND IT IS FURTHER RESOLVED that to implement said construction of
the Project it is appropriate and necessary for the Board to acquire a
certain non-exclusiv~, perpetual drainage, utility and maintenance
easements, slope easements, fill slope and restoration easement and
temporary construction easements described in the attached Exhibit "A",
attached hereto and~ncorporated herein, which are necessary for the
construction of the ~our-laning roadway improvements for the C.R. 864
(Rattlesnake-Hammock Road) from U.S. 41 to Polly Avenue.
AND IT IS FURTHER RESOLVED that the County staff is hereby
authorized to immedi3tely acquire by gift, purchase or ~ondemnation in
accordance with the provisions of Ch :Ipters 73, 74 and 1~7, Florida
Statutes, the certain non-exclusive, perpetual drainage. utility and
m?-l intenance easements, slope easemen ".s, fill slope and~estoration
e sement and temporary construction easements being more particularly
d.scribed in Exhibit "A", attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes ar1 located on the
p 'operty sought to be Clcquired and t'lerefore it will nc.',: be necessary
t ! remove any mobile homes from the ')roperty to be acql i.red.
This Resolution adopted after n )tion, second and majority vote.
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[.,TED: _/~)wy
:i\ ITEST:
3Jr,:IGHT E. BROCK~ ~~LERK
''j-<;j). ~.
NERS OF
CHAIRMAN
App 6ved a$..to form and
legal sufficiency:
D~
Assistant County Att( ,rney
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