Resolution 2009-118
RESOLUTION NO. 2009- 118
A RESOLUTION AUTHORIZING THE PURCHASE OF LAND NECESSARY FOR
THE CONSTRUCTION OF ROADW A Y, DRAINAGE AND UTILITY
IMPROVEMENTS ON IMMOKALEE ROAD TO SUPPORT THE INTERCHANGE
AT 1-75. (PROJECT NO. 60171)
WHEREAS, the land acquisition needed for the improvements on Imrnokalee Road that
tie into the reconstruction and expansion of the 1-75 interchange at Immokalee Road (Project No.
60171) (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 Project 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 improvements to Immokalee road that support the
reconstruction and expansion of the 1-75 interchange at Immokalee Road, Project No. 60171, 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 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 fee simple interest in the land as more fully described on Exhibit "A" (attached
hereto and by reference made a part hereof), necessary for the construction of roadway, drainage
and utility improvements, and the County Manager or his designee is hereby authorized and
directed to purchase said land.
4. The Board hereby directs the County Manager or his designee to use either an
independent appraisal report or an "in-house" appraisal as the basis for making a purchase offer
to the property owner.
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 designee to approve the purchase of said land where the
property owner has agreed to sell to the County at, or up to twenty five percent (25%) above
Collier County's appraiser'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 approval is hereinafter referred to as "Administrative Settlement." A proposed
settlement over one hundred and twenty-five percent (125%) of, or over $50,000 above, the
County's appraiser'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 an easement agreement, a purchase agreement, utility subordination and
relocation agreements, and/or other documents approved by the Office of the County Attorney to
close the real estate transaction, 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 of record, to title companies and attorneys closing
real estate transactions, and to others who may possess an equitable interest in the subject real
property parcel in those amounts as shall be specified on a Closing Statement.
9. All title to the 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 correct any scrivener's error(s) in Exhibit "A" and record in the Public Records of
Collier County, Florida, a deed, an easement, 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.
-Page 2-
This Resolution, adopted on this 11 TIf day of Hit Y
second and rpajprity vote.
", ". ~.' -~, ) f r ,j
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A TTE$T:
DWgJHt E.BROCK"CLERK
- -
Approved as to form and
~~~
Assistant County Attorney
,2009, after motion,
BOARD OW,UNTY COMMISSIONERS
OF COLLI OUNTY'd.DI;
By-._ ~ ~
i)ONNA FIALA, CHAIRMAN
-Page 3-
COLLIER COUNTY
PARCEL SKETCH
C.R. 846 (IMMOKALEE ROAD)
EXHIBIT A
~ ( of2
PARCEL
R/W TAKE
A ~arcel of land In SectIon 30, TownshIp 48 South, Range 26 East,
beIng a ~art of Lot I, Brentwood Two as recorded In Plat Book 47, Page
90, Col I ler County, FlorIda, beIng further descrIbed as fol lows:
Commence at the northeast corner of saId SectIon 30; thence South 020
36' 22" East, along the East LIne of saId SectIon 30, a dIstance of
49.97 feet to StatIon 46+66.37, Base LIne Survey, C.R. 846 (Immokalee
Road); thence South 890 34' 24" West, along saId Base LIne Survey, a
dIstance of 268.36 feet to StatIon 43+98.01; thence departIng saId
Base LIne Survey South 020 36' 22" East a dIstance of 72.31 feet to
the Northwest corner of saId Lot I and the POINT OF BEGINNING: thence
South 880 53' 28" East, along the north lIne of saId Lot I, a dIstance
of 130.32 feet to the begInnIng of a tangent curve concave Southerly
and havIng a radIus of 47.00 feet, a central angle of 860 17' 06", a
chord bearIng of South 450 44' 55" East and a chord dIstance of 64.28
feet; thence Southeasterly along the arc of saId curve 70.78 feet to
the end of saId curve; thence South 020 36' 22" East a dIstance of
1.06 feet; thence North 540 54' 32" West a dIstance of 53.69 feet;
thence North 880 53' 28" West a dIstance of 131.80 feet; thence North
020 36' 22" West a dIstance of 15.03 feet to the POINT OF BEGINNING;
ContaInIng 2,847 square feet, more or less.
NOTES:
I. THE BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON THE FLORIDA
STATE PLANE COORDINATE SYSTEM, WEST ZONE. 1983 NORTH AMERICAN
DATUM, 1990 ADJUSTMENT. AS ESTABLISHED FROM G.P.S. PRIMARY NETWORK
CONTROL POINTS I75 81 "A" SERIES A07-AI0. AND I75 90 "A" SERIES
A04-AI0. DERIVING A BEARING OF N 89034'24" E ALONG THE SURVEY BASE
LINE OF C.R. 846 (IMMOKALEE ROAD BETWEEN STATION 30+00.00 AND
STATION 47+00.00.
2. TH I S CERT I FICA TI ON VAL IDA TES SHEETS 1 THROUGH 2. ANY ONE (I) SHEET
IS TO BE CONSIDERED INCOMPLETE WITHOUT ALL OTHERS.
3. ATTENTION IS DIRECTED TO THE FACT THAT THESE SKETCHES MAY HAVE
BEEN ALTERED IN SIZE BY REPRODUCTION.
CERTJrFJrCA TJrON:
THIS SKETCH IS A GRAPHIC ILLUSTRATION FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT
INTENDED TO REPRESENT A FIELD SURVEY.
TEeM - ROW
APR 2 2 2009
NOT VALID WITHOUT THE SIGNATURE
AND ORIGINAL RAISED SEAL OF A
LICENSED FLORIDA SURVEYOR AND MAPPER
-~L-~ ~~1
~ L. POTTER
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NUMBER 5688
SITE
LOCATION Il4P
(NOT TO SCALE I
COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
PARCEL SKETCH - NOT A SURVEY
COUNTY ROAD NO. 846 (IMMOKALEE ROAD)
COllIER COUNTY
BY
DATE
PREPARED BY.
DATA SOURCE.
REVISION
BY
DRAWN L. W. C. 04/10109
DATE CHECKED R.L.P. 04/13/09 F.P. 10. N/A
AIM ENGINEERING a SURVEYING, INC.
SECTION N/A
SHEET I OF 2
LEGEND
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O.R.
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PGS.
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. POINT OF TANGENCY Scale:
. PUBLIC UTILTITY EASEMENT
. RADIUS
. RIGHT OF WAY
. RIGHT
. RIGHT OF WAY
. SIDEWALK EASEMENT Page 2
. STATION
. DELTA
. CACULATED
. PLAT
. PROPERTY LINE
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. ACCESS EASEMENT
. CHORD BEARING
. CHORD DISTANCE
. COUNTY ROAD
. COUNTY UTILITY EASEMENT
. DRAINAGE EASEMENT
. IRRIGATION EASEMENT
. LENGTH
. LANDSCAPE BUFFER EASEMENT
. OFFICIAL RECORD BOOK
. PLAT BOOK
. POINT OF CURVATURE
. PAGE
. PAGES
POINT OF
BEGINNING
NW CORNER LOT I
44
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POINT OF
COMMENCMENT
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BASE LINE SURVEY
C.R. 846 (IMMOKALEE ROAD)
S 890 34' 24"
268.36'(C)
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ACCESS a UTILITY EASEMENT
O.R. 3021. PG. 2231
O.R. 3021, PG. 2236
O.R. 3021, PG. 2240
O.R. 3021, PG. 2244
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R . 47. 00' ( C )( P )
C.D. . 64.28'(C)(P)
C.B. . S 450 44' 55" E
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COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
PARCEL SKETCH NOT A SURVEY
COUNTY ROAD NO. 846 ( I MMOK ALEE ROAD) COLLIER COUNTY
BY DATE PREP ARED BY I DATA SOURCE,
AIM ENGINEERING a SURVEYING, INC.
DRAWN L.W.C. 04/10/09
REVISlDN BY DATE CHECKED R.loP. 04/13/09 F. P. IO. N/A SECT! ON N/A SHEET 2 OF 2