Resolution 1995-571
RESOLUTION NO. 95- 571
OCT - 3 f995
A RESOLUTION AUTHORIZING THE ACQUISITION OF NON-EXCLUSIVE,
PERPETUAL ROAD RIGHT-Of-WAY, DRAINAGE, UTILITY AND MAINTEN-
ANCE EASEMENTS, SLOPE EASEMENTS, FILL SLOPE EASEMENT, SIDE-
WALK EASEMENT8, AND TEMPORARY CONSTRUCTION EASEMErJTS FOR THE
CONSTRUCTION Cf THE FOUR-LANING ROADWAY IMPROVEMENTS FOR C.R.
864 (RATTLESNAKE-HAMMOCK) FROM U. S. .11 '1'0 POLLY AVENUE.
WHEREAS, the Board of County Commissioners, on September 27, 1994
~dopted Ordinance ~). 94-54 therein establishing the 1194 (Sixth
Annual) Capital Improvement Element of the Growth Manalement Plan in
order to establish priorities for t.le design, acquisit.on and
construction of the various capital improvement projec :s which comprise
. he Transportation Element of the C~unty's Comprehensi:e Plan: and
WHEREAS, the four-laning roadway improvements to C.R. 864
'Rattlesnake-Hammock Road) from U.S. 41 to Polly Avenu~ are component
~arts of the Transportation Element of the County's Co~prehensive Plan;
ad
WHEREAS, the Board of County C ~missioners on November 22, 1994,
adopted Resolution No. 94-810 authorizing the County Staff to acquire
by gift or purchase certain easements and fee simple t'tle to the
.roperty and property interests required and necessary for the
.Jur-Ianing roadway improvements of C.R. 864 (Rattlesn.,ke-Hammock Road)
lrom U.S. 41 to Poll~ Avenue; and
WHEREAS, the Board of County C mmissioners, on Ap)"il 25, 1995,
approved the estimated acquisition costs of certain easements or fee
sJrnple title to prop,rty and property interests required for the
four-laning improvere,mts to C.R. 86t1 (Rattlesnake-Hamrncck Road) from
LS. 41 to Polly Avenue; and
WHEREAS, the County Staff has pvaluated alternati':a locations,
r.~viewed the environn.ental factors, considered the cost variables, and
analyzed the safety and welfare considerations as they relate to the
c'nstruction of the r.our-laning roacNay improvements for C.R. 864
(. attlesnake-Hammock Road) 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 road right-of-way, drainage, utility and
maintenance easemer.ts, slope easements, fill slope easement, sidewalk
easements and tempcrary construction easements which are required and
necessary for the construction of the four-laning road Nay inprovements
for C.R. 864 (Rattlesnake-Hammock Road) from U.S. 41 to Polly Avenue;
,:'!nd
WHEREAS, the construction of t~e four-laning roadiay improvements
for C.R. 864 (Ratt~esnake-Hammock Road) from U.S. 41 t:) Polly Avenue is
~'ecessary in order to protect the hual th, safety and \\"!lfare of the
itizens of Collier County and is in the best interest of Collier
.:ounty.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CCUNTY COMMIS-
"tONERS OF COLLIER COUNTY, FLORIDA, that it has been d:ltermined by the
'.oard that the construction of the /our-laning roadway improvements for
C.R. 864 (Rattlesnaka-Hammock Road) from U.S. 41 to Polly Avenue
(hereinafter referred to as "the Project") is necessary for a public
,.urpose and is in the best interests of Collier County
AND IT IS FURTHER RESOLVED that the Board has reviewed the Staff
.nalysis regarding alternative lOCi ..ions, environmenta. factors, cost
variables, safety and welfare consi erations as they r'late to the
construction of the Project and finus that the most feasible location
for the certain non-exclusive I perpetual road right-of"way, drainage,
utility and maintenailce easements, slope easements, fUl slope
~asernent, sidewalk e3sements and te~porary construction easements are
(,!scribed in Exhibit "A" attached hereto.
AND IT IS FURTHF'R RESOLVED that the construction cf the project is
part of the County's long range plan that is included ln the Trans-
portation 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-exclusive, perpetual road right-of-way, drainage, utility
and maintenance eas~ments, slope easements, fill slope easement,
sidewalk easements ~nd temporary construction easements described in
the attached Exhibit "A", attached hereto and incorpor~ted herein,
~hich are necessary for the construction of the four-laning roadway
improvements for the C.R. 864 (Ratt"esnake-Hammock Roa~) from U.S. 41
to Polly Avenue.
AND IT IS FURTHER RESOLVED tha: the County staff .s hereby
authorized to immecliatel:; acquire b.' gift, purchase or condemnation in
ccordance with the provisions of Chapters 73, 74 and 127, Florida
. tatutes, the certain non-exclusive, perpetual road right-of-way,
:rainage, utility and maintenance easements, slope eas~ments, fill
lope easement, sidewalk easements ,nd temporary const'.uction easements
eing more particularly described :'1 Exhibit "A", attar,;hed hereto and
incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the
roperty sought to be acc;:uired and therefore it will r .:It be necessary
'.0 remove any mobile homes from the property to be acqlired.
This Resolution adopted a fter lot ion, second and 'laj ori ty vote.
'"
".
DATED: ./~Mr
A ~~TEST:
DiHGHT E. BROCK,. CLERK
,11L.
proved as to form and
: l:lgal sufficiency:
Attorney
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