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Golden Gate Pkwy to Pine Ridge Rd. Airport Road Golden Gate Pkwy to Pine Ridge Rd . EXECUTIVE SUMMARY qcS G�"'� RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF PERPETUAL RIGHT-OF-WAY, UTILITY, DRAINAGE AND MAINTENANCE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS OR FEE SIMPLE TITLE BY GIFT OR PURCHASE, WHICH ACQUISITIONS ARE REQUIRED TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE SIX-LAMING OF AIRPORT-PULLING ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD INCLUDING TURN LANE IMPROVEMENTS TO EXISTING DEVELOPMENTS ALONG AIRPORT-PULLING ROAD. OBJECTIVE: To obtain authorization from the Board of County Commissioners, Collier County, Florida, to acquire by gift or purchase all rights and interests in real property which are required for the construction and maintenance of transportation improvements for the six-laning of Airport-Pulling Road from Golden Gate Parkway to Pine Ridge Road including turn lane improvements to existing developments along Airport-Pulling Road. CONSIDERATION: The Board of County Commissioners, on November 12, 1992, adopted the Collier County Five Year and Ten Year Secondary Road Program for FY 1991/92 through 1995/96 in order to establish priorities for the design, right-of-way acquisition and construction of the various capital improvement projects which comprise the Transportation Element of the County's Comprehensive Plan, and of which Plan the six-laning improvements to Airport-Pulling Road are component parts. It has been deemed necessary for the design to acquire additional road right-of-way, utility, drainage and maintenance easements, temporary construction easements or fee simple title for the completion of the improvements for the six-laning of Airport-Pulling Road from Golden Gate Parkway to Pine Ridge Road including turn lane improvements to existing developments along Airport-Pulling Road. The construction of the roadway improvements will minimize traffic congestion and safety hazards which may result from the six lane improvements on Airport- Pulling Road. Adoption of the attached Resolution will authorize the selection of (an) appraisal firm(s) from the list of appraisal firms pre-qualified and approved by the Board of County Commissioners for work on right-of-way acquisitions projects; and will authorize the Finance Department to make immediate payments to property owners who have agreed to convey to the County. Adoption of the attached Resolution establishes that the Transportation Services Division Administrator is delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value (administrative settlements) and pay normally related costs when it is in the best interest of the project, only when the difference between the staff compensation estimate or appraised value is less than Six Thousand Five Hundred and 00/100 Dollars ($6,500.00) . This settlement approval authority is" delegated by the Board of County Commissioners to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. Said provision was approved by the Board of County Commissioners by Resolution 93-25 dated January 26, 1993. AGELAi : Na JUN 2 9 93 Adoption of the attached Resolution will also confirm that, once acquired and recorded in the Public Records of Collier County, Florida, the right-of-way for this Project shall be formally "accepted" by the Board of County Commissioners, Collier County, Florida, for the following purposes: 1) Six-laning construction, drainage and utilities installation on Airport-Pulling Road; 2) Turn lane improvements to existing developments along Airport-Pulling Road; 3) Any other improvement(s) not mentioned above which is(are) deemed necessary for the completion of the Project; 4) Maintenance of all improvements as required for public safety; and 5) The Resolution reflects (a) preliminary sketch(es) of the proposed design of the Project and is(are) subject to minor change(s). Any proposed change(s) shall be deemed "accepted" by the Board of County Commissioners in the event said design change(s) do(does) not exceed the Project's budget as depicted in the Fiscal Impact Statement of this Executive Summary. In the event the proposed design change(s) shall exceed the Project's budget, an appropriate report and budget amendment, approved by the Division Administrator, will be included in an executive summary package when it is submitted for formal approval by the Board of County Commissioners. FISCAL IMPACT: Preliminary appraisals indicate that the cost of the perpetual road right-of-way, utility, drainage and maintenance easements, temporary construction easements or fee simple title purchases, if limited to the intersection improvements, shall not be in excess of $210,000.00. This estimate includes all service fees (title searches, appraisals, attorneys), the value of the land and improvements and any severance damages to the remainder properties. All purchases will be charged against account number: Capital Expense - 313-163673-761300-60121 $200,000 Operating Expense - 313-163673-631600-60121 $ 10,000 GROWTH MANAGEMENT IMPACT: None. As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan. JECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing the acquisition by gift or purchase of perpetual road right-of-way, utility, drainage and maintenance easements, temporary construction easements or fee simple title which are required for the installation of the proposed six-laning transportation improvements. PREPARED BY: DATE: 4 - 1 7-95 Yvonne mbers, Senior Specialist Real Pr p rty Management Department / i REVIEWED BY: r- DATE: 2( -.4uLi q 3 George F. rchibald, Administrator Transportation Services Administration No Lida_ JUN 2 9 93 pg. Z RESOLUTION NO. 93- 262 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF ROAD RIGHT-OF-WAY, UTILITY, DRAINAGE AND MAINTENANCE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS OR FEE SIMPLE TITLE BY GIFT OR PURCHASE, WHICH ACQUISITIONS ARE REQUIRED TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE SIX-LANING OF AIRPORT-PULLING ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD INCLUDING TURN LANE IMPROVEMENTS TO EXISTING DEVELOPMENTS ALONG AIRPORT-PULLING ROAD. WHEREAS, the Board of County Commissioners, on November 12, 1992, �`� __`. °' adopted the Collier County Five Year and Ten Year Secondary Road Program for FY 1991/92 through 1995/96 in order to establish priorities for the design, right-of-way acquisition and construction of the various capital improvement projects which comprise the Transportation Element of the County's Comprehensive Plan, and of which Plan the six-laning improvements to Airport-Pulling Road (hereinafter referred to as the "Project") are component parts; and WHEREAS, it has been deemed necessary for the design to acquire additional road right-of-way, utility, drainage and maintenance easements, temporary construction easements or fee simple title for the completion of the improvements and turn lanes on Airport-Pulling Road from Golden Gate Parkway to Pine Ridge Road for the Airport-Pulling Road Six-laving Project. The construction of the roadway and turn lane improvements may minimize traffic congestion and safety hazards; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considera- tions have been reviewed as they relate to the implementation of said transportation improvements, and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rights required for the construction of the improvements (see Exhibit -Page 1- "A") either by perpetual exclusive easements, non-exclusive easements or by fee simple acquisitions; and WHEREAS, the construction of said transportation improvements and related facilities has been determined by the Board of County Commissioners of Collier County, Florida, to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project is necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will help the County meet the concurrence requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION- ERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has considered the environmental factors, safety factors and cost factors relating to the location of the transportation im- provements and related facilities. —�. The road right-of-way, utility, drainage and maintenance ease- ents, temporary construction easements or fee simple acquisitions Identified on Exhibit "A" are the most feasible locations in order to permit the construction and maintenance of the transportation improvements and related facilities. 3. The Board has determined that the construction and maintenance of the transportation improvements and related facilities are necessary and in the best interest of Collier County. 4. The construction and maintenance of the transportation improve- ments and related facilities is compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire the road right-of-way, utility, drainage and maintenance easements, temporary construction easements or fee simple title identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the road right-of-way, utility, drainage and maintenance easements, temporary construction easements or the fee simple title of the properties identified in Exhibit "A", attached hereto and incorporated herein. 6. The Chairman of the Board of County Commissioners is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) selected from the list of firms pre-quailfied by the Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost- effective manner. -Page 2- 7. The Board of County Commissioners, in accordance with the pro- visions of Chapter 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the _purchase of a property where the purchase price of the parcel (the ompensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00) . In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates", i.e. , based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Manage- mert Department staff is hereby directed to offer immediate delivery to the respective property owners, of the full compensation (as establish- ed by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes) , in return for the immediate and proper execution of the respective easements and/or deeds, and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board of County Commissioners hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the acquired road right-of-way, utility, drainage and maintenance easements, temporary construction easements or fee simple title. 9. In those instances where negotiated settlements may be obtained via the "Seller's Affidavit", "Purchase Agreement" or "Easement Agreement" mechanism, the Transportation Services Division Administrator charged with the responsibility for completion of the various capital improvement projects is hereby delegated the authority to approve the purchase of land interests above the staff compensation --estimate or appraised value and pay normally related costs when it is 1 the best interest of the Project, within the pro-rata share of the wand rights acquisition budget for the parcel being acquired, and only when the difference between the purchase price and staff compensation estimate or appraised value is less than Six Thousand Five Hundred and 00/100 Dollars ($6,500.00) . This settlement approval authority is delegated by the Board of County Commissioners to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 10. The Chairman of the Board of County Commissioners is hereby authorized to execute Purchase Agreements and Easement Agreements where the land owner has agreed to sell the required land rights to the County at their appraised value or at that amount considered with the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 11. Where the property owner agrees, by sworn affidavit or agreement ("Seller's Affidavit", "Purchase Agreement" or "Easement Agreement") , to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements and/or deeds, and such other legal documents as the Office of the County Attorney may have required, the Board hereby authorizes the Finance Department to issue checks, payable to the property owners of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Chapter 125.355, Florida Statutes. -Page 3- 12. All title to properties which have been obtained 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 ereby authorized to record in the Public Records of Collier County, elorida, said deeds and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED after motion, second and majority vote. DATED: 1/Z/4 BOARD OF CO , • ' COMMISSIONERS OF COLLIER -SNTY, FLORIDA ATTEST: ;J,f. ^ By: i S ,,� •. '. Sa Dy rs Chairman swig E. 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