Resolution 2009-203
RESOLUTION NO. 2009- 203
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFf OR PURCHASE
OF LAND AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF
ROADW A Y, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE
EXTENSION OF V ALEWOOD DRIVE FROM IMMOKALEE ROAD TO AUTUMN
OAKS LANE. (NORTHBROOKE DRIVEN ALEWOOD DRIVE EXTENSION
PHASE 1, PRO~rECT NO. 60106.)
WHEREAS, the acquisition of right-of-way for the extension of Valewood Drive from
Immokalee Road to Autumn Oaks lane (Northbrooke DriveNalewood Drive Extension Phase 1, Project
No. 60106) (hereinafter referred to as "the Project"), is included in Collier County's Five Year
Transportation Work Program; and
WHEREAS, plans and specifications have been prepared for the construction of the Project; and
WHEREAS, the extension of Valewood Drive from Immokalee Road to Autumn Oaks Lane, as
depicted in' Exhibit "A" attached hereto and incorporated herein, is necessary in order to protect the
health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting
certain concurrency requirements of the County's Growth Management Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the extension of Valewood Drive from Immokalee Road to
Autumn Oaks Lane (Northbrooke DriveNalewood Drive Extension Phase 1, Project No. 60106) is
necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens
of Collier County.
2. The acquisition of land and easements for construction of the Project is an integral part of the
County's long range planning effort, and is included in the Capital Improvement Element of the Collier
County Growth Management Plan, as approved by the Florida Department of Community Affairs.
3. It is necessary and in the best interest of Collier County for the Board to authorize the acquisition
of land and easements necessary for the construction of roadway, drainage and utility improvements
within the Project corridor identified on Exhibit "A" (attached hereto and by reference made a part
hereof), and the County Manager or his designee is hereby authorized and directed to acquire said land
and easements by either gift or purchase.
4. The Board hereby directs the County Manager or his designee to use either independent appraisal
reports or "in-house" appraisals as the basis for making purchase offers to property owners.
5. In view of the differences of opinions between real estate appraisers regarding full compensation
to property owners, and in view of the cost of condemnation, the Board hereby authorizes the County
Manager or his design1ee to approve purchases of land and easements where the property owner has
agreed to sell to the County at, or up to twenty five percent (25%) above the County's estimate of full
compensation to the property owner, with the maximum approval authority not to exceed $50,000 over
the County's appraiser's estimate of full compensation, and to approve and to execute Closing
Statements on behalf of the County. Such purchase approvals are hereinafter referred to as
"Administrative Settlements." Each and every proposed settlement over one hundred and twenty-five
percent (125%) of, or over $50,000 above, the County's estimate of full compensation (whichever is
less) shall require separate Board approval.
6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the
Project, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to
execute easement agreements, purchase agreements, utility subordination and relocation agreements,
and/or other documents approved by the Office of the County Attorney to close real estate transactions,
where the property owner has agreed to sell to the County at appraised value, or within the
Administrative Settlement provisions of Paragraph 5 ( above).
7. Said Administrative Settlement authority is delegated by the Board to the extent that such
delegation does not conflict with the provisions of Section 125.355, Florida Statutes.
8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make wire
transfers, payable to the property owner(s) of record, to title companies and attorneys closing real estate
transactions, and to othe:rs who may possess an equitable interest in the subject real property parcels in
those amounts as shall he specified on a Closing Statement.
9. All title to real property which has been acquired in the manner described above shall be deemed
"accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a
political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the
Public Records of Colli{:r County, Florida, deeds, easements, or other instruments as may be required to
remove, release or subordinate the lien of any encumbrance, in order to effect constructive notice of the
County's interest in real property.
This Resolution, adopted on this (!"'TH- day of >J:.PreM SEA,
,2009, after motion, second
and ~aj~ri~.Y?,te.
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.A,tTEST: ., ,-'
9Wlf.jHTE. aRb~ CLERK
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By:
Approved as to form and
leg 1 s fficiency:
. ~C --(Iro
Assistant County Attorney
-Page 2-
EXHIBIT "A"
VALEWOOD EXTENSION
PROJECT CORRIDOR AND VICINITY MAP
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