Resolution 2012-036RESOLUTION NO. 2012- 36
A RESOLUTION AUTHORIZING THE CONDEMNATION OF A ROAD
RIGHT -OF -WAY, DRAINAGE, AND UTILITY EASEMENT NECESSARY
FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT
18TH AVENUE NE AND EVERGLADES BOULEVARD.
(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY
IMPROVEMENT PROGRAM PROJECT NO. 60016.)
WHEREAS, the acquisition of right -of -way for the construction of intersection
improvements is included in Collier County's Five Year Transportation Work Program (Project No.
60016); and
WHEREAS, school buses and larger vehicles making the northbound -to- eastbound right
turn at the intersection of 18th Avenue NE and Everglades Boulevard require a larger pavement
curve radius than presently exists in order to stay completely within the proper lane all the way
through the turning movement; and
WHEREAS, plans and specifications have been prepared for improvements to said
intersection; and
WHEREAS, construction of the proposed intersection improvements will require the
acquisition of additional right -of -way at the southeast corner of said intersection; and
WHEREAS, the location for the construction of the proposed improvements has been fixed
by survey and is collectively represented by the legal description attached hereto as Exhibit "A" and
which by reference is made a part hereof; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of the project alternatives, various impacts upon the environment, long range
planning options, and public safety considerations, the Board desires to exercise its right to
condemn property for public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board
that the intersection improvements at referenced above at 18`h Avenue NE and Everglades
Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection
Safety and Capacity Improvement Program (Project No. 60016), is necessary and in the public's
best interest in order to protect the health, safety and welfare of the citizens of Collier County.
AND IT IS FURTHER RESOLVED that the acquisition of the proposed easement described
in Exhibit "A" 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.
AND IT IS FURTHER RESOLVED that the Board has reviewed the technical
memorandum discussing competing alternatives for construction of the Project, and the costs
associated with the design, property rights acquisition, and construction of the Project, as well as
public safety and welfare considerations associated with the design and construction of the Project,
and various impacts to the environment, and the Board finds that after consideration of these issues,
the most favorable alternative for construction of the proposed improvements requires the
acquisition of the Road Right -of -Way, Drainage and Utility easement described in Exhibit "A ",
attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that the taking of the perpetual, non - exclusive Road
Right -of -Way, Drainage and Utility Easement described in Exhibit "A" will provide County with
the right to place and/or excavate materials for the purpose of constructing, operating, and
maintaining roadway, bikepath and sidewalk improvements, drainage structures, including but not
limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes,
various types of water control structures and any and all manner of public and private utility
facilities.
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff and Office of the County
Attorney are hereby authorized and directed to immediately acquire by gift, purchase or
condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the
easement more particularly described in Exhibit "A," attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property
sought to be acquired and therefore it will not be necessary to remove any mobile homes from the
property to be acquired.
This Resolution, adopted on this .2#T L4 day of ff FUUAAV , 2012, after motion,
second and majority vote.
ATTE$TtpD 0�c
D GHT E'.� 4i ,CK, CLERK
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Appro iOt' form and
legal° fficiency:
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Heidi As ton -Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
BOARD OF COUNTY COMMISSIONERS
OF COLLI R qOUNTY, FLORIDA
By: �.
FRED W. COYLE, ChairmaSil
-Page 2-
EXHIBIT "A"
LEGAL DESCRIPTION (PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT)
COMMENCING AT THE NORTHWEST CORNER OF TRACT 2 OF GOLDEN GATE ESTATES UNIT 71 AS RECORDED IN PLAT BOOK 5,
PAGE 7 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN 589'40'50 "E ALONG THE NORTH LINE OF
SAID TRACT 2 A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID NORTH LINE, RUN SOO'19'10-W A DISTANCE OF 30.00
FEET TO THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF EVERGLADES BOULEVARD WITH THE SOUTH
RIGHT -OF -WAY LINE OF 18TH AVENUE NORTHEAST AND THE POINT OF BEGINNING; THENCE RUN S89'40'50 "E ALONG SAID
SOUTH RIGHT -OF -WAY LINE OF 18TH AVENUE NORTHEAST A DISTANCE OF 33.00 FEET; THENCE DEPARTING SAID SOUTH
RIGHT -OF -WAY LINE, RUN S45'19'10 "W A DISTANCE OF 46.67 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF
EVERGLADES BOULEVARD; THENCE RUN N00'19'10'E ALONG SAID EAST RIGHT -OF -WAY LINE A DISTANCE OF 33.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING THEREIN 0.013 ACRES OR 544.50 SQUARE FEET, MORE OR LESS,
SURVEYOR'S NOTES:
I. THIS IS NOT A SURVEY.
2. THIS DOCUMENT IS CERTIFIED EXCLUSIVELY TO THE ENTITIES LISTED HEREON AND
SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR ENTITIES WHOMSOEVER.
3. REPRODUCTIONS OF THIS DOCUMENT ARE NOT VAUD UNLESS THEY BEAR THE
ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF THE LICENSED LAND SURVEYOR
UNDER WHOSE DIRECTION IT WAS PREPARED.
4. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT 2 OF THE
PLAT OF GOLDEN GATE ESTATES UNIT 71, RECORDED IN PLAT BOOK 5, PAGE 1 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEARING S89'4O'50 -E.
CERTWW TO:
CORRR COUNTY BOARD OF COUNTY COIOMONERS
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