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Carson Rd. - Westclox Rd. (Immokalee) Airport Road Carson Rd .Westclox Rd . (Immokalee ) EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF A DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BY GIFT, PURCHASE OR CONDEMNATION, BOTH OF WHICH ARE REQUIRED FOR THE CONSTRUCTION OF WESTCLOX STREET IN IMMOBALEE, FLORIDA. OBJECTIVE: To obtain authorization from the Board of County Commissioners, Collier County, Florida, to acquire by condemnation, if necessary, the drainage easement and temporary construction easement (see exhibits "A" and "B" to the attached resolution) which are required for the construction of Westclox Street in Immokalee, Florida. CONSIDERATION: Although Resolution No. 91-643 previously authorized the acquisition of right-of-way for Westclox Street, by condemnation if necessary, only the perpetual road right-of-way easements were attached to, and thereby incorporated into, the subject resolution. In order to sustain a condemnation action against the drainage easement and the temporary construction easement, Florida law requires the condemning authority to adopt a resolution specifying the property to be condemned, the interest(s) to be acquired from the property owner, such attestations as to the necessity of the taking and the public purposes to which the property will be put, as are also found in the attached resolution. Adoption of the attached Resolution will permit the Office of the County Attorney to proceed with the preparation of pleadings in eminent domain which shall be necessary to condemn the interest( s ) in real property (easements) sought by the County. FISCAL IMPACT: Preliminary estimates indicate nominal values for both the drainage easement and the temporary construction easement. All costs associated with the acquisition of these additional easements will be contained within the original $140,000 authorization approved within the executive summary accompanying Resolution 91-643 (approved and adopted September 17, 1991 ) . Again, all costs and expenses will be charged against: 339-163650-(Object Code)-69021. GROWTH MANAGEMENT IMPACT: None. Improvements to Westclox Street are part of the Capital Improvement Element of the Growth Management Plan (CIE No. 035 ) . NAY 05 92 � L.-. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing the acquisition by gift, purchase or condemnation of the drainage easement and temporary construction easement (see exhibits "A" and "B" to the attached resolution) both of which are required for the construction of Westclox Street in Immokalee, Florida. PREPARED BY: %; 4 /0 •evin �92 - •e�c!�' _ cf�►of_ DATE.: y Supervisor APPROVED BY: , DATE: IS APR.ci2 George F. Archibald, Transp•rtation Administrator 0 MAY 0 59?. PF EL ,,...UTION NO. 92- 014 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF A DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION , o EASEMENT BY GIFT, PURCHASE OR CONDEMNATION, BOTH OF WHICH ARE NECESSARY FOR THE CONSTRUCTION OF WESTCLOX STREET IN IMMOHALEE, FLORIDA. WHEREAS, the Board of County Commissioners, on November 12, 1991, adopted the Collier County Five and Ten Year Secondary Road Program for FY 1989/90 through 1994/95 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 improvements to Westclox Street in Immokalee, Florida (hereinafter referred to as the "Project") are component parts; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, and safety and welfare considerations have been reviewed for implementation of said transportation improvements, and it has been recommended by County al 4 engineering staff that the easement interests in the properties described and identified in Exhibits "A" and "B" are the most feasible locations upon which to construct the transportation improvements and related drainage facilities; and WHEREAS, the construction of said transportation improvements and related drainage facilities has been determined by the Board of County Commissioners of Collier County, Florida, to be necessary and in the best interests of Collier County; and WHEREAS, in accordance with the construction plans and right- of-way maps for the Project, construction of the above-referenced transportation improvements and drainage facilities shall require the acquisition of a drainage easement, as described in Exhibit "A" and labelled Parcel No. 803, and the acquisition of a temporary construction easement, as described in Exhibit "B" and labelled Parcel No. 703. 0 MAY 05 92 p,. — . • • gt¢q.,. • NOW , THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board has considered the environmental factors, safety and welfare factors, • • long range planning factors, and cost factors relating to the location of the transportation improvements and drainage facilities. AND IT IS FURTHER RESOLVED that Board has determined that there are no mobile homes located upon those lands described in Exhibits "A" and "B", and that the easement interests in the properties described therein represent the most economically feasible locations for the construction of the transportation improvements and the installation of related drainage facilities. _ AND IT IS FURTHER RESOLVED that the Board has determined that the construction, installation and maintenance of the transportation improvements and drainage facilities is necessary and in the best interests of Collier County. AND IT IS FURTHER RESOLVED that the construction, installation and maintenance of the transportation improvements and drainage facilities is compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County, AND IT IS FURTHER RESOLVED that it is necessary and in the best interest of Collier County for the Board to acquire that certain drainage easement over, under, upon and across the property described in Exhibit "A", and that certain temporary construction easement across the property described in Exhibit "B", and County Staff is hereby authorised and directed to acquire by gift, purchase or condemnation those easement inetersts described in Exhibits "A" and "B", attached hereto and incorporated herein, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, and County Staff is hereby directed to institute condemnation proceedings to acquire such necessary easements in those instances in which the easements described in Exhibits "A" and "B" cannot be obtained through agreement at the County's appraiser's estimate of Just compensation due the property owner and/or in those instances in which it is determined that condemnation is the only feasible method of obtaining the unencumbered easement interests sought. AC;Zg r,...- 17EM Nu MAY 0592 . Pp 00 o THIS RESOLUTION ADOPTED after notion, second and majority vote. ATTEST: DATED: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Jues C. (Files, Clerk By: Michael J. Volpe, Chairman Approved as to fora and legal s li? fficiency: nnis rti on , Assistant County Attorney t Illi 1 MAY 05 92 Pa _ . I F- E SEMEN-`- PARCEL ' .'803 • • • EXI 31,-x- «A„ PROJECr: , STCLOX •SECTION 29 , TOWNSHIP 46 SOUTH, RANGE 29 EAST STRE€T COLLIER COUNTY, FLORIDA .-� LEGAL DESCRIPTION SHEET I OF 2 • A drainage easement in Section 29, Township 46 South, Range 29 East, Collier County, Florida, described as follows: Beginning at a point on the Southerly right of way line of Westclox Street, said point being 50 feet right of station 22+64 according to the Collier County Department of Transportation right of way map of Westclox Street, said point also being the beginning of a curve concave to the North having a radius of 1812.95 feet; Thence along said curve and said Southerly right of way line, Easterly, 51.42 feet through a central angle of 01.37'30" and being subtended by a chord bearing N83'14'17"E, 51.42 feet, said point being 50 feet right of station 23+14; Thence leaving said Southerly right of way • line along a radial line from said curve, 807.34'28"E, 12.04 feet to the South line of the aforementioned Section 29, said point • being 62.04 feet right of Station 23+14; Thence along said South line 889'01'10"W, 51.95 feet, said point being N89•01'10"E, 1267.63 feet from the Southwest corner of said Section 29 . and also being 56.81 feet right of Station 22+64; Thence leaving said South line of Section 29, N05'56'58"W, 6.81 feet along a radial line to the POINT OF BEGINNING. Containing 480 square feet (0.011 acres) more or less. THIS IS A SKETCH OF THE LEGAL DESCRIPTION. THIS..JS NOT A SURVEY. NOT TO SCALE. PREPARED ET: TRANSPORTATION SERVICES DIVISION COLLIER OMIT GOVERMENT COMPLEX 8Z: • r:,t /..... 3301 , FL 3396�tAIL PROFESSIONAL LAND ' g (813) 774-8260 SURVEYOR 12769 �►�= T.. MAY 0592 Pt -DKAINAGF 1RASE'MEJJ'T' ,.-■ PARLEL,.-^io. 803 a. .�ll$lT " Kamm: I �TCLOX • SECTION 29 , TOWNSHIP A N ~r'= STREET 4 6 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA • LEGAL DESCRIPTION SHEET 2 OF 2 • N o- 1h . 1G 3 - J 22 \N� OFG .51.1- ' N 6EG\NN\N �`0\ \,42 N g C=5 0 ; 5i 01 2 + 6A • GB:N83 P.6\•AZ p- , cn 3Q, DRAINAGE N m EASEMENT 'o 1267.63' s 23 + RT. �sw.car. • p' 2 3 + 14 6.x.21 5 ,6_T S 89.01'10"W 51.95' • '°"''M "�4 ex 22 + 64 ""T"" PLATTED ROAD RIGHT OF WAY/ o M I- i-W a EDEN PARK SU8'N, —�WI- PLAT BOOK 4 PAGE 70 W O W CL a ¢ W 1- a U) THIS IS A SKETCH OF THE LEGAL DESCRIPTION. THIS„IS NOT A SURVEY. NOT TO SCALE. EY. PREPARED BY: �.„ ' _—TRANSPORTATION SERVICES DIVISION k`' AGM COLLIER COUNTY GOVERNMENT COMPLEX BY: fr: S I_ 3 E. TANL4!!I TRAIL ' S. GR;Gq • NAPLES . Pt. 33962 .IQKAL,,LANO VEYOR 12769 MAY 5 2 (813) 774-8260 �' ici r-ci TiW CT�ON 'EA SEMENT PARGEL 4C 7O3 _- •F11BIT " " STCLOX SECTION 29 , TOWNSHIP 4 6 SOUTH, RANGE 29 EAST TR EE T COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION ,_...k. f f tit A temporary 4 ysconstruction t noeasement in Section 29, Township 46 South, Ilan East, County, Florida, described as follows: WBeegin Beginning Sateat,poa t on the Northwesterly right of way line of Westclin point being 50 feet left of Station 34+85 according to the Collier County Department of Transportation right of way map of Westclox Street: Thence leaving said Northwesterly right of way line, N32.02'49"W. 40.00 feet= said point being 90 feet left of Station 34+85: Thence N57•57'11"E, 40 feet, said p oint being 90 feet left of Station 35+25; Thence 532.02'49"E, 40.00 to the aforementioned Northwesterly right of way line of Westclox Street, said point being 50 feet left of Station 35+25; Thence along said Northwesterly right of way line, S57.57'1l"W, 40.00 feet to the POINT OP BEGINNING. Containing 1600 square feet (0.037 acres) more or less. / Ns7;57iifE ; • 90' LT. ilv 40.00' W Y4C11 n Ito TEMP. S 0 Ca) CONSTR. 0 0 501 LT, z '42. /E S M'T. N 34 + 85 1 50' LT. •...,.W..T...., .,.,,,, 4 0.00' 35 + 2 5 "'" POINT OF S57' 57' II" W BEGINNING 0 a 34 . - 35 I 316 -o WESTCLOX STREET THIS IS A SKETCH OF THE LEGAL DESCRIPTION. THIS IS NOT A SURVEY. NOT TO SCALE. EY. PREPARED BY: TRANSPORTATION SERVICES DIVISION • A� ITEM COLLIER COUNTY GOVERMENT COMPLEX SYs1 h� ��. ��, n i 3962 TRAIL ;j;t 41RD PAOPISSIONAI, URVEYOR 12769 MAY 0 5 9 2 (813) 774-8260 DATE: G• O • RESOLUTION NO. 92- 271 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF A DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BY GIFT, PURCHASE OR CONDEMNATION, BOTH OF WHICH ARE NECESSARY FOR THE CONSTRUCTION OF WESTCLOX STREET IN IMMOKALEE, FLORIDA. WHEREAS, the Board of County Commissioners, on November 12, 1991, adopted the Collier County Five and Ten Year Secondary Road Program for FY 1989/90 through 1994/95 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 improvements to Westclox Street in Immokalee, Florida (hereinafter referred to as the "Project" ) are component parts; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, and safety and welfare considerations have been reviewed for implementation of said n transportation improvements, and it has been recommended by County engineering staff that the easement interests in the properties described and identified in Exhibits "A" and "B" are the most feasible locations upon which to construct the transportation improvements and related drainage facilities; and WHEREAS, the construction of said transportation improvements and related drainage facilities has been determined by the Board of County Commissioners of Collier County, Florida, to be necessary and i in the best interests of Collier County; and WHEREAS, in accordance with the construction plans and right- of-way maps for the Project, construction of the above-referenced transportation improvements and drainage facilities shall require the acquisition of a drainage easement, as described in Exhibit "A" and labelled Parcel No. 803, and the acquisition of a temporary construction easement, as described in Exhibit "B" and labelled Parcel No. 703. NOW , THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board has considered the environmental factors, safety and welfare factors, long range planning factors, and cost factors relating to the location of the transportation improvements and drainage facilities. AND IT IS FURTHER RESOLVED that Board has determined that there are no mobile homes located upon those lands described in Exnibits "A" and "B", and that the easement interests in the properties described therein represent the most economically feasible locations for the construction of the transportation improvements and the installation of related drainage facilities. AND IT IS FURTHER RESOLVED that the Board has determined that the construction, installation and maintenance of the transportation improvements and drainage facilities is necessary and in the best interests of Collier County. AND IT IS FURTHER RESOLVED that the construction, installation and maintenance of the transportation improvements and drainage facilities is compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. AND IT IS FURTHER RESOLVED that it is necessary and in the best interest of Collier County for the Board to acquire that • certain drainage easement over, under, upon and across the property described in Exhibit "A", and that certain temporary construction easement across the property described in Exhibit "B", and County Staff is hereby authorized and directed to acquire by gift, purchase or condemnation those easement inetersts described in Exhibits "A" and "B", attached hereto and incorporated herein, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, and County Staff is hereby directed to institute condemnation proceedings to acquire such necessary easements in those instances in which the easements described in Exhibits "A" and "B" cannot be obtained through agreement at the County's appraiser's estimate of just compensation due the property owner and/or in those instances in which it is determined that condemnation is the only feasible method of obtaining the unencumbered easement interests sought. n • THIS RESOLUTION. ADOPTED after motion, second and majority vote. 4f ATT.E%1 :. . ; i. BOARD OF COUNTY COMMISSIONERS DA I?:, May 5, 199 OF IER CO T FLORIDA B •-• .e, By: '"1-`1, -/- . Ja p ':.C. Giles, ,Clerkv Michael J. V^lpe`, Chairman . Approved as to form and legal s fficiency: . nnis r , Assistant County Attorney �\ DS k I N AGE- 1SEM E�^rC PARCEL NO. P �.q EXHIBIT PROJECT: WESTCLOX A" usimm' STREET SECTION 29 , TOWNSHIP 46 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA • LEGAL DESCRIPTION SHEET I OF 2 A drainage easement in Section 29, Township 46 South, Range 29 East, Collier County, Florida, described as follows: Beginning at a point on the Southerly right of way line of Westclox Street, said point being 50 feet right of station 22+64 according to the Collier County Department of Transportation right of way map of Westclox Street, said point also being the beginning of a curve concave to the North having a radius of 1812.95 feet; Thence along said curve and said Southerly right of way line, Easterly, 51.42 feet through a central angle of 01'37'30" and being subtended by a chord bearing N83'14'17"E, 51.42 feet, said point being 50 feet right of station 23+14; Thence leaving said Southerly right of way line along a radial line from said curve, S07°34'28"E, 12.04 feet to the South line of the aforementioned Section 29, said point being 62.04 feet right of Station 23+14; Thence along said South line S89'01'10"W, 51.95 feet, said point being N89'01'10"E, 1267.63 feet from the Southwest corner of said Section 29 and also being 56.81 feet right of Station 22+64; Thence leaving said South line of Section 29, N05°56'58"W, 6.81 feet along a radial line to the POINT OF BEGINNING. Containing 480 square feet (0.011 acres) more or less. THIS IS A SKETCH OF THE LEGAL DESCRIPTION. THIS IS NOT A SURVEY. NOT TO SCALE. /."-,REPARED BY: ,RANSPORTATION SERVICES DIVISION BY: COLLIER COUNTY GOVERNMENT COMPLEX ' RI HARD E. TAHL+IMI TRAIL ARD S. GRIGC; NAPLES, FL 33962 PROFESSIONAL LAND SURVEYOR #2769 (813) 774-8260 DATE. • osa DRA1MA&E ASEM -C- PARCEL NO. 7-`3 PROJECT: WESTCLv-� F.', EXI-llgt-r "A" alkielL: STREET SECTION 29 , TOWNSHIP 46 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION SHEET 2 OF 2 N s o_ Z 0, . L. ,-------- S - 0- \�I S ■ 2 .` Zak J*0e�. y° 22 _ 1 05 31‘VJ �. CP \2.,90 iG" W r' 0� RT R'\$ 83 \ \\,42" Q_ 24A Z ce.. p,=5 No_ o ?1� DRAINAGE N LP 1267.63, °� EASEMENT •a_ 62.04' RT. 23 + 14 • �%fi.. ' S 69.01'10"W 51.95' `sued' °F 56.61 RT. 22 + 64 PLATTED ROAD RIGHT OF WAY orf) I-. CC w EDEN PARK SUB/N. — i w °C PLAT BOOK 4 PAGE 70 v w w I-- Q CC a. v7 w 1- O: (J) • THIS IS A SKETCH OF THE LEGAL DESCRIPTION. THIS IS NOT A SURVEY. NOT TO SCALE. • ?REPARED BY: TRANSPORTATION SERVICES DIVISION BY: 42 . COLLIER COUNTY GOVERMENT COMPLEX RIC G S. RIGG, , 3301 E. TAMIAMI TRAIL PROFESSIONAL YO NAPLES, FL 33962 R i2769 (813) 774-8260 DATE: J;,LY 4 . Ageqj 4 Y'T"> MPoR.ARY GONE ;U �.y^cR sEMEr•1' , PARCEL UO. ''-3 PR ' WESTCLOX EXR1BIT B immni„ STREET SECTION 29 , TOWNSHIP 46 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION A temporary construction easement in Section 29, Township 46 South, Range 29 East, Collier County, Florida, described as follows: Beginning at a point on the Northwesterly right of way line of Westclox Street, said point being 50 feet left of Station 34+85 according to the Collier County Department of Transportation right • of way map of Westclox Street; Thence leaving said Northwesterly right of way line, N32•02'49"W, 40.00 feet; said point being 90 feet left of Station 34+85; Thence N57°57'll"E, 40 feet, said point being 90 feet left of Station 35+25; Thence S32°02'49"E, 40.00 feet to the aforementioned Northwesterly right of way line of Westclox Street, said point being 50 feet left of Station 35+25; Thence along said Northwesterly right of way line, S57•57'll"W, 40.00 feet to the POINT OF BEGINNING. Containing 1600 square feet (0.037 acres) more or less. / 90' LT. LT. 34 + 85 \ / 35 + 25 N 57°57' I I"E 40.00' 3 w a� `'to TEMP. `t 0O• CONSTR. 00 O N I ,N v ESM'T. Tr M , 54 LT, Z 1 50 LT. 34 + 85 40.00' • 35 1- 25 q°aTMWasrsaw a,4»T S 57° 57` I I" W °R WI1Ya./us POINT OF BEGINNING -O in 3I4 - _ 35 - 316 I`° WESTC LOX STREET THIS IS A SKETCH OF THE LEGAL DESCRIPTION. THIS IS NOT A SURVEY. NOT TO SCALE. PREPARED BY: n TRANSPORTATION SERVICES DIVISION BY: Gk� X�u ✓4ry COLLIER COUNTY GOVERNMENT COMPLEX RICUARD S. GRIGG� 3301 E. TAMIAMI TRAIL PROFESSIONAL LAN URVEYOR 02769 _ _ NAPLES, FL 33962 (813) 774-8260 DATE: s,. Log a 3ENDA ITEM TRANSMITTAL Date Submitted March 4, 1992 Requested Agenda Date: March 17, 1992 /-14PROPRIATE HEADING (CIRCLE ONE): (5) Proclamations & Presentations, (6) Clerk, (7) Public Petitions, (8A) Communit ielopment '!Ei>Transpo, .tion, (8C •ublic Services, (8D) Utilities, (8E) Admin. Services, (8F) Emergency Services, (8G Environmental ervices, = ') •u anage 9) Attorney, (10) BCC, (11) Other Constitutional Officers, (12) Public Hearings (13A) BZA Publi e. • , : Co •' • 'Use,(14) BCC Communications,(15) Sta ommunications, (16) Consent Agend< Requested By , , � ` • 3-4-92 Reviewed By 1 Date Division Head George F. Archibald Date Manager Date Item Title RECOMMENDATICN '10 ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LANDS BY GIFT, PURCHASE OR CONDEMNATION, WHICH ARE REQUIRED FOR THE CONSTRUCTION OF THE CARSON ROAD AND WESTCIAX S'I'REEP EXTENSIONS IN IMMOKALEE, FLORIDA. List of Documents Attached 1. Executive Summary(required) 3. 2. Resolution No. 92- w/exhibit 4 1/87-S13 (3 pages) 5. BXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LANDS BY GIFT, PURCHASE OR CONDEMNATION, WHICH ARE REQUIRED FOR THE CONSTRUCTION OF THE CARSON ROAD AND WESTCLOX STREET EXTENSIONS IN IMMOKALEE, FLORIDA. OBJECTIVE: To obtain authorization from the Board of County Commissioners of Collier County, Florida, to acquire by condemnation, if necessary, those lands which are required for the construction of the Carson Road and Westclox Street extensions in Immokalee, Florida. CONSIDERATION: While Resolution No. 91-643 previously authorized the condemnation of easements to support the subject project , the taking represented by the legal description attached is of such an extent as to damage the remaining tract of land. Since full compensation to the property owner ( land and severance damages ) for the taking of an easement will be tantamount to the fair market value of both Lots 1 and 2 together, the County may as well be in a position to take full title ( fee simple ) to that for which it has paid. In fact, in light of the extent of the taking and the n damages therefrom, it is quite probable that the owner ' s attorney may make a settlement offer wherein Collier County purchases Lots 1 and 2 in their entirety . The property owner would thereby receive full compensation and be relieved of the burden of holding title to undevelopable lands which are heavily encumbered by road right-of- way, but for which he may otherwise be exposed to some liabilities . Adoption of the attached Resolution will permit the Office of the County Attorney to proceed with the preparation of pleadings in eminent domain which shall be necessary to condemn the interest in real property ( fee simple) sought by the County. FISCAL IMPACT: Preliminary estimates indicate the cost of the parcel , together with appraisal fees and attorney' s fees (both ours and those of the property owner which the County may be directed to pay by the court) , at $28 , 000 . All costs and expenses will be charged against : 339-163650-(Object Code)-69021 . GROWTH MANAGEMENT IMPACT: None. Improvements to Carson Road and Westclox Street are part of the Capital Improvement Element of the Growth Management Plan (CIE Nos. 026 and 035 , respectively) . " I Page 2 RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing the acquisition by gift , purchase or condemnation of lands which are required for the construction of the Carson Road and Westclox Street extensions in Immokalee , Florida. PREPARED BY. _ �� ' DATE: � �- ,9.L evin `e cks , Righ •-o nay Supervisor APPROVED BY: George F. Archibald, Transportation DATE: AND IT IS FURTHER RESOLVED that Board has determined that the �--■ lands described in composite Exhibit "A", are the most economically feasible locations in order to permit the construction and maintenance of the transportation improvements and related facilities. AND IT IS FURTHER RESOLVED that the Board has determined that the construction and maintenance of the transportation improvements and related facilities is necessary and in the best interests of Collier County. AND IT IS FURTHER RESOLVED that the construction and maintenance of the transportation improvements and related facilities is compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. AND IT IS FURTHER RESOLVED that it is necessary and in the best interests of Collier County for the Board to acquire those lands described in composite Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift, purchase or condemnation those lands described in composite Exhibit "A", attached hereto and incorporated herein, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, and County Staff is hereby directed to institute condemnation proceedings to acquire such necessary lands in those instances in which the lands cannot be obtained through agreement at the County's appraiser's estimate of just compensation due the property owner and/or in those instances in which it is determined that condemnation is the only feasible method of obtaining the unencumbered interest sought. THIS RESOLUTION ADOPTED after motion, second and majority vote. DATED: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk OF COLLIER COUNTY, FLORIDA ATTEST: By: Michael J. Volpe, Chairman Approved as to form and legal suf iciency: vDennis P. C onin, Assistant County Attorney 3,8900 =Aa E T "A" . , , ` SCALE: 1'.60' ' ' m• ur ,m A= 145'41'40" \ MI R 0 L = 63,57' pRPPolie PROPOSED CENTERLINE W I I A=07'44'06" N R=1124,64' \ !1 L=151.83' \ Ilir ....., i CC 1 9,184 SQ. FT. I h N 44'05 ..\. /1/4, A_ 1°o a n 6,17' -T b N Z A =01'32.04'�� v ,/A =116'05'26" R=1124.64' T • R=80.00' r4" L=30.12' s 8 / L=162.09' �7 T W r� 0=21'52'07' 00. �[� 2 :et R=80.00' �iO� `�> ryy L=30.53' N 89'06'17" E �`, v�4 3 �yGJ 100.00' r \ NEWMARKET,' ,'; • 3 SUBDIVISION ,` , 4 , 'j �... P.B. 1, P/4.4 104 , ` C V T O s ,, Z N 5 Ct Q I DESCRIPTION ,,—",. A parcel of land in Lots 1 and 2, Block 2, Newmarket Subdivision, Plot Book 1, Page 104 o the Public Records of N (1") 7 Collier County, Florida, located in Section 28, Township 46 S., rri O Range 29 E., Collier County, Florida, described as follows: N 0 N Commence at the Southwest Corner of said Section 28, (N thence N 00'53'43" W, along the Westerly line of said / Section 28, a distance of 233.29 feet; thence ,' N 89'06'17" E, at right angles to said Section line • a distance of 100.00 feet to the Easterly right—of—way ,' of State Road 29 and the Westerly line of aforementioned Lot 2 for the POINT OF BEGINNING. Thence N 00'53'43" W along said Easterly right—of—way 6 and along the Westerly lines of said Lots 1 and 2, a distance of 158.75 feet to the P.C. of a curve to the right having a central angle of 145'41'40" and a radius of ,' 25.00 feet: thence Northeasterly and Southeasterly along 29 28 the arc a distance of 63.57 to the Westerly right—of—way • of Newmarket Street and the P.R.C. of a curve to the C3 �` left having a central angle of 07'44'06" and a radius 32 33 of 1124.64 feet; thence Southeasterly along the arc and SECTION CORNER 1.1 MENT the Westerly right of—way of Newmarket Street o distance FOUND CONCRETE MON of 151.83 feet to the Eosterlymost corner of aforementioned Lot 2: thence 5 44'05'35" W along the Southeasterly line of said Lot 2 a distance of 6.17 feet to a point on a curve to the left of which the center Iles S 25'11'44" W a radial distance of 80.00 feet; thence Northwesterly and Southwesterly,along NOTES: the arc, through a central angle of 116'05'28",,,,alai`tonef. . of 162.09 feet to the POINT OF BEGINNING. t'pp obtain J%• BEARINGS SHOWN HEREON ARE RELATIVE TO THE WESTERLY 9,184 square feet. G� Q,. UNE OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 29 EAST HAANC A BEARING OF N 00'53'43•W, C ■i , THIS DRAWING IS A SKETCH ONLY AND DOES NOT REPRESENT ' A FIELD SURVEY AS SUCH. Robert R, Cunnln9haTia, PLS' Florida Certific(1te'No;•392 . FOR: COWER COUNTY BOARD OF COUNTY COMMISSIONERS,DEPARTMENT OF ROAD CONSTRUCTION SKETCH AND DESCRIPTION OF PROPOSE0 FC*5IMPLF ACQu,lslTION LOTS 1 k 2, BLOCK 2, NEWMARKET SUBDIVISION LOACTED IN WALLY,WELLFORD& NALVEN,INC WI SECTION 28, TOWNSHIP 46 S., RANGE 29 E. CONSULTING ENGINEERS AND SURVEYORS �','j`'J�� COLLIER COUNTY, FLORIDA 133 SOUTH FLORIDSH ROAD IIII SARASOTA, FLORIDA 34232 —^U� DATE SCALE 1 CHECKED BY I DRAWN SY I PROJECT N0. 10/19/90 l 1"=50' I DRAWING Na R[\ R.R.C. J.H.F. 8005 ,1, - RESOLUTION NO. 92-175 / ■ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF A FEE SIMPLE INTEREST IN LANDS BY GIFT, PURCHASE OR CONDEMNATION, WHICH ARE NECESSARY FOR THE CONSTRUCTION OF PORTIONS OF CARSON ROAD AND WESTCLOX STREET IN IMMOKALEE, FLORIDA. WHEREAS, the Board of County Commissioners, on November 12, 1991, adopted the Collier County Five and Ten Year Secondary Road Program for FY 1989/90 through 1994/95 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 improvements to Carson Road and to Westclox Street in Immokalee, Florida (hereinafter referred to as the "Project") are component parts; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, and safety and welfare considerations have been reviewed for implementation of said ^transportation improvements, and it has been recommended by County ei..gineering staff that the lands described and identified in composite Exhibit "A" are the most feasible locations to construct the transportation improvements and related facilities; and WHEREAS, the construction of said transportation improvements has been determined by the Board of County Commissioners of Collier County, Florida, to be necessary and in the best interests of Collier County; and WHEREAS, in accordance with the construction plans and right- of-way maps for the Project, construction of the above-referenced improvements shall require the acquisition of a fee simple interest in those lands identified in composite Exhibit "A". NOW , THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board has considered the environmental factors, safety and welfare factors, and cost factors relating to the location of the transportation nprovements and related facilities. AND IT IS FURTHER RESOLVED that Board has determined that there are no mobile homes located upon those lands described in composite Exhibit "A", and that said lands are the most economically feasible locations in order to permit the construction and maintenance of the transportation improvements and related facilities. AND IT IS FURTHER RESOLVED that the Board has determined that the construction and maintenance of the transportation improvements and related facilities is necessary and in the best interests of Collier County. AND IT IS FURTHER RESOLVED that the construction and maintenance of the transportation improvements and related facilities is compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. AND IT IS FURTHER RESOLVED that it is necessary and in the best interests of Collier County for the Board to acquire a fee ' simple interest in those lands described in composite Exhibit "A"; and County Staff is hereby authorized and directed to acquire by 'gift, purchase or condemnation those lands described in composite Exhibit "A", attached hereto and incorporated herein, in accordance with the provisions of Chapters 73,, 74 and 127, Florida Statutes, and County Staff is hereby directed to institute condemnation proceedings to acquire such necessary lands in those instances in which the lands cannot be obtained through agreement at the County's appraiser's estimate of just compensation due the property owner and/or in those instances in which it is determined that condemnation is the only feasible method of obtaining the unencumbered fee simple interest sought. THIS RESOLUTION ADOPTED after motion, second and majority vote. ATTEST: BOARD OF POUNTY COMMISSIONERS DATED: March I7(1992 OF Y, FLORIDA ameg C. Gi es, Clerk Michael �. Volpe Chairman Approyed`As' to form and ,N)egal s ficiency: A)ennis . ronin, Assistant County Attorney . a. ,EXHIBIT "A" )"'N scALE: 1•-50' r \, " N I # b WO Mg 145'41'40' R - 63. 570 PROPOSED FEE SIMPLE PROPOSED CENTERLINE AGG2U tStT t ON • u 1 A-07'44'06" n R=1124.64' L=151.83' \ re 1 of 9,184 SQ. FT. ,,' \ fr� G. n .' N 44'05'35" E !�� 0 ° Y in ,' 6.17' 7, .0 Er 8 n . '1 Z v - =01'32'04'�� F 1 ` R�1124'32'60.0Q' 0 L-30.12' (/-1165.28. ' L-162.09' "1>,i A-21'52'07" 2 ..� R-80.00' , 4 �� > �,ryy, L-30.53' ,' �Q� co Oi , 5 ' ,A a°f+ M l./ N 89'06'17' E .' 3 ,' � 100.00' . ..1 3 SUBDIVISION "t1 <\ �� 4 yM .` `` P.S. 1, PAGE 104 ,' , , 8 8 ` s �, , T O `` `` ,' , �, Z N ,' 5 I 0 I DESCRIPTION A parcel of land in Lots 1 and 2. Block 2, Newmorket " Subdivision, Plat Book 1, Page 104 o the Public Records of , ()) 7 Collier County, Florida, located in Section 28, Township 46 S., ri Range. 29 E., Collier County, Florida, described as follows: n O O Commence at the Southwest Corner of said Section 28, � ,thence N 00'53'43" W. along the Westerly line of said , Section 28, a distance of 233.29 feet; thence • I ,' N 89'06'17" E, at right angles to said Section line �, o distance of 100.00 feet to the Easterly right-of-way �. of State Rood 29 and the Westerly line of aforementioned . Lot 2 for the POINT OF BEGINNING. r' Thence N 00'53'43" W along sold Easterly right-of-way 6 and along the Westerly lines of said Lots 1 and 2. a distance of 158.75 feet to the P.C. of a curve to the right having a central angle of 145'41'40" and a radius of ,'25.00 feet: thence Northeasterly and Southeasterly along 29 28 ,' the arc a distance of 63.57 to the Westerly right-of-way ," of Newmarket Street and the P.R.C. of a curve to the ,, left having a central angle of 07'44'06" and a radius 32 33 of 1124.64 feet; thence Southeasterly along the arc and SECTION CORNER the Westerly right-of-way of Newmarket Street a distance FOUND CONCRETE MON MENT of 151.83 feet to the Easterlymost corner of aforementioned Lot 2: thence S 44'05'35" W along the Southeasterly line of said Lot 2 a distance of 6.17 feet to a point on a curve to the left of which the center lies S 25'11'44" W a radial distance of 80.00 feet; thence Northwesterly and Southwesterly along NOTES: the arc, through a central angle of 116'05'28\, ."dI*1,'tonce of 162.09 feet to the POINT OF BEGINNING. ..tgQ 9 bthln l: • BEARINGS SHOWN HEREON ARE RELATIVE TO THE WESTERLY 9,184 square feet. �` .••"' ' UNE OF SECTION 28. TOWNSHIP 48 SOUTH.RANGE 29 EAST HAVING A BEARING OF N 00'53'43'W. cs� . THIS DRAWING IS A SKETCH ONLY AND DOES NOT REPRESENT 471 • A FIELD SURVEY AS SUCH. Robert R. Cunningham, PLS/ Florida Certificate No. 392 I LLUER COUNTY BOARD OF COUNTY COMMISSIONERS. DEPARTMENT OF ROAD CONSTRUCTION SKETCH AND DESCRIPTION OF PRopo5E0 Fur 5IM?I.F gCG}UISITIOIJ r1 LOTS 1 & 2, BLOCK 2, NEWMARKET SUBDIVISION LOACTED IN SMALLY,WELLFORD 8 NALVEN,INC �N SECTION 28, TOWNSHIP 46 S., RANGE 29 E. CONSULTING ENGINEERS AND SURVEYORS MON COLLIER COUNTY, FLORIDA 133 SOUTH McINTOSH ROAD I`u ill) SARASOTA, FLORIDA 34232 OATS SCALE CNECKED IBY DRAWN EY r PROJECT NO. 10/19/90 1"-50' [ R.R.C. I • J.H.F. 1 8005 oRAWINe No, r RSV. ' ei x(;),,„v4-- .-� EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF PERPETUAL ROAD, UTILITY AND DRAINAGE EASEMENTS BY GIFT, PURCHASE OR CONDEMNATION, WHICH ARE REQUIRED FOR THE CONSTRUCTION OF ROAD, UTILITY AND DRAINAGE IMPROVEMENTS TO CARSON ROAD AND WESTCLOX STREET IN IMMOKALEE, FLORIDA. OBJECTIVE: To obtain authorization from the Board of County Commissioners, Collier County, Florida, to acquire by condemnation, if necessary, the perpetual road, utility and drainage easements which are required for the construction of road, utility and drainage improvements to Carson Road and Westclox Street in Immokalee, Florida. CONSIDERATION: Although Resolution Nos. 91-26 and 91-27 previously authorized the acquisition of right-of-way for the subject project, the format of the attached Resolution, while also including the words "gift" and "purchase" , is the only format deemed sufficient by the Office of the County Attorney to meet the requirements of Chapters 73 and 74 , Florida Statutes, which govern a condemning authority's rights and obligations under the eminent domain laws of the State of Florida. Adoption of the attached Resolution will permit the Office of the County Attorney to proceed with the �.� preparation of pleadings in eminent domain which shall be necessary to condemn the interest in real property ( easement) sought by the County. FISCAL IMPACT: Preliminary estimates indicate the cost of the road, utility and drainage easements, together with appraisal fees and attorney's fees (both ours and those of the property owner which the County may be directed to pay by the court) at $140,000. All costs and expenses will be charged against: 339-163673-(Object Code)-69021. GROWTH MANAGEMENT IMPACT: None. Improvements to Carson Road and . Westclox Street are part of the Capital Improvement Element of the Growth.Management Plan .(CIE Nos. 026 and 035, respectively) . •; -RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing the acquisition by gift, purchase or condemnation of the perpetual road, utility and drainage easements which are required for the construction of road, utility and drainage improvements to Carson Road and Westclox Street in Immokalee, Flori.a. PREPARED BY: _ Ir/ DATE: 9' 1"97 evin ''en:ricks, f ay'\Supervisor gGEA:.A /1) 1 1 Na ;.,., APPROVED BY: _,.- DATE: & Se:P 9 ! George F. Archibald, Transportation Administrator M ' 7 91 RESOLUTION NO. 91- 643 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF PERPETUAL ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS BY GIFT, PURCHASE OR CONDEMNATION, WHICH ARE NECESSARY FOR THE. CONSTRUCTION AND MAINTENANCE OF ROAD, UTILITY, AND DRAINAGE IMPROVEMENTS TO CARSON ROAD AND WESTCLOX STREET IN IMMOKALEE, FLORIDA. WHEREAS, the Board of County Commissioners, on June 8, 1990, adopted the Collier County Five and Ten Year Secondary Road Program for FY 1989/90 through 1994/95 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 improvements to Carson Road and to Westclox Street in Immokalee, Florida (hereinafter referred to as the "Project") are component parts; and WHEREAS, alternate' locations, environmental factors, long range planning, cost variables, safety and welfare considerations have been reviewed for the perpetual road right-of-way, drainage • and utility easements relating to the implementation of said roadway improvements, drainage improvements, and utility system improvements and it has been recommended by County Staff that the perpetual road right-of-way, drainage and utility easements described and identified in composite Exhibit "A" are the most feasible locations to construct the roadway and install the drainage and utility improvements and related facilities; and WHEREAS, the construction of said road, utility and drainage improvements has been determined by the Board of County Commissioners of Collier County, Florida, to be necessary and in the best interests of Collier County; and WHEREAS, in accordance with the construction plans and right- of-way maps for the Project, construction of the above-referenced improvements shall require the acquisition of those perpetual road right-of-way, drainage, and utility easements as identified in n composite Exhibit "A"; and WHEREAS, there are mobile homes located upon the lands over, under and across which the County requires perpetual road, utility and drainage easements; and WHEREAS, the construction and maintenance of the roadway and drainage improvements, and the installation and maintenance of the utilities and related facilities will require the permanent relocation of the mobile homes from the area of the easements as described in composite Exhibit "A". NOW , THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY • COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board has considered the environmental factors, safety factors and cost factors relating to the location of the roadway, utility and drainage improvements and related facilities, AND IT IS FURTHER RESOLVED that Board has determined that the perpetual road right-of-way, drainage and utility easements, as described in composite Exhibit "A", are the most economically feasible locations in order to permit the construction and maintenance of the roadway and drainage improvements, and the installation and maintenance of the utilities and related facilities. AND IT IS FURTHER RESOLVED that the Board has determined that the construction and maintenance of the roadway and drainage improvements, and the installation and maintenance of the utilities and related facilities is necessary and in the best interests of Collier County. AND IT IS FURTHER RESOLVED that the construction and maintenance of the roadway and drainage improvements, and the installation and maintenance of the utilities and related facilities is compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. AND IT IS FURTHER RESOLVED that it is necessary and in the best interests of Collier County for the Board to acquire those perpetual road right-of-way, drainage and utility easements n described in composite Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift, purchase or condemnation those perpetual road right-of-way, drainage and utility easements described in composite Exhibit "A", attached hereto and incorporated herein, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, and County Staff is hereby directed to institute condemnation proceedings to acquire such necessary easements in those instances in which the easements cannot be obtained through agreement at the County's appraiser's estimate of just compensation due the property owner and/or in those instances in which it is determined that condemnation is the only feasible method of obtaining the unencumbered interest sought. AND IT IS FURTHER RESOLVED that County Staff is hereby directed to make offers in accordance with appraised value to all owners of mobile homes, any portions of which are located within the area of the easements sought, to compensate them for the relocation of the mobile homes from the easement area, in accordance with the provisions of Chapters 73.071 and 73.072, Florida Statutes, provided that such reimbursement for relocation expenses shall not exceed the replacement value of such mobile home. THIS RESOLUTION ADOPTED after motion, second and majority vote. DATED ,/�/J� BOARD OF COUNTY COMMISSIONERS ��' '% OF COLLIER CAUNTY, FLORIDA ATTEST: JAMES C,. G3LE8;. Clerk � ( J �1 By: l,(l,Q//NWi1ut1 t C. Patricia Anne Goodnight, Cha man £pproved as to.'form and leg,$T's ffi iency: 2wL&4 •,U4t, ennis ronin, Assistant County Attorney >isseo ' COMPO^Q'E EXHIBIT "•\' /'-"‘--- • . RAAC, UTILITY 4A4t .dAIWAG.. E'$ MEff - :CALE: 1'.50' — ( 1 of 6) Is /.--". G: 145'41'40"\ \ M R ` 63.57' PROPOSED RIGHT—OF—WAY ACQUISITION PROPOSED CENTERLINE W G 07'44'06' \ e, R=T124.64' \ N 1=151.83' vi 3 9.184 SQ. FT. \ ti� f "Mrn ,' N 44'05'35' E �4, ,°D 8 Tn ,' 6.17' ,9• n . L '-D N z ' ; -01 32'04''1 .G 118'05'28' R-1124.64' F2' bl ,•' R=80.00' L-30.12' S1 $ ,' L-18209' 4 ��p �\P<(\..\ ! -21'52'07' O• 2 .�" R=80.00' • !y�/1^ L-30.53' '..ci g . y .ai .' ,' cn . . • M u N 89'06'17' E •' 3 1' J . \ 100.00' NEWMARKET.' \ 3 '�� SUBDIVIS,I.N 4 ;^ ` P.B. 1,PAG7 101 . 8 T �` ,F , V CD ` �� '' �� Z N .` 5 • W i `.. DESCRIPTION A parcel of land in Lots i and 2, Block 2, Newmarket . Subdivision, Plat Book 1, Page 104 o the Public Records of 'e, N 7 Collier County, Florida, located in Section 28, Township 46 S.. "' Range 29 E., Collier County, Florida, described as follows: O a O Commence at the Southwest Corner of said Section 28, N thence N 00'53'43' W. along the Westerly line of sold .�Section 28, a distance of 233.29 feet; thence .' N 89'06'17" E, at right angles to said Section line I .' o distance of 100.00 feet to the Easterly right—of—way ,' of State Road 29 and the Westerly line of aforementioned ,' Lot 2 for the POINT OF BEGINNING. ..' Thence N 00'53'43" W along said Easterly right—of—way 1 6 and along the Westerly lines of said Lots 1 and 2, a (_j--' distance of 158.75 feet to the P.C. of a curve to the right having a central angle of 145'41'40' and a radius of ,' 25.00 feet: thence Northeasterly and Southeasterly along ,/ the arc a distance of 63.57 to the Westerly right—of—way 29 28 I of Newmarket Street and the P.R.C. of a curve to the 0 left having a central angle of 07'44'06' and a radius I". .' of 1124.64 feet; thence Southeasterly along the arc and 32 33 SECTION CORNER II V the Westerly right—oi—way of Newmarket Street a distance FOUND CONCRETE MON�JMENT of 151.83 feet to the Easterlymost corner of aforementioned II Lot 2: thence S 44.05'35" W along the Southeasterly line of said Lot 2 a distance of 6.17 feet to a point on a curve to the left of which the center lies S 2511'44" W a radial distance of 80.00 feet: thence Northwesterly and Southwesterly along the arc, through a central angle of 116'05'28"„le�'b1�j talks„ NOTES; of 162.09 feet to the POINT OF BEGINNING. ,� b41hn 2./••'• BEARINGS SHOWN HEREON ARE RELATIVE TO THE WESTERLY 9.164 square feet. ' UNE OF SECTION 28. TOWNSHIP 46 SOUTH. RANGE 29 EAST / 0 ' HAMNG A BEARING OF N 0033'43'W. / -.1 �Y. 4r „ ', THIS DRAWING IS A SKETCH ONLY AND DOES NOT REPRESENT Robert R..'Cuniiin Ff PLS/ A FIELD SURVEY ' Y AS SUCH. ,—"\ Florida Certific6td9 ''NO:1%392 'FOR; COWER COUNTY BOARD OF COUNTY COMMISSIONERS.DEPARTMENT OF ROAD CONSTRUCTION , SKETCH AND DESCRIPTION OF PROPOSED RIGHT—OF-WAY ACQUISITION IN SMALLY,WELLFORD 0 NAWEN,INC n LOTS i & 2, BLOCK 2, NEWMARKET SUBDIVISION LOACTEO IN CONSULTING ENGINEERS AND SURVEYORS 5EC11ON 28, TOWNSHIP 46 S., RANGE 29 E. 133 SOUTH McINTOSH ROAD COLLIER COUNTY. FLORIDA SARASOTA, FLORIDA 34232 GATE i SCALE I CHECKED BY i DRAWN BY I 1 PROJECT NO. – –DRAWING NO. 1 REV. ( 2 of 6) ig - 1.~ N 0033.43"'N -- - - - 399.89'-_ -_- -- Z � z 8— oo N rrr1111114). y y,fi �R1-J why Q N^n • 8W y .r22 .SL • : .. • i €7 I, rw !illi!:111:0111.40:i;V:;Yiliti ooh° I 4 b °4 ;i..Il it511Ygs$a ;.' .Wris''1" .r k oil lf Y I1iliIi !JtiiiIiIHJHhi \ __ i: •a 1 h 8 -••` o N l •!: 11=• >: x 0 PrRY •.VE522Y-Ift: {211 Mfr 4 •. iw ii ° ` $34111: 830 \\ 7 03 P \ ``� a°S '� • 5< . Sri, r \3 4 r Y S� tp pp H N Obk, \ ,. . +nl a I ku X;; !. H: 1 . zRED'ON: d g n NOT TO SCALE A a 614 m =1 . S s W W Ag .v r. 1411\ - yW b - I^ W. 2 mN • z II 3� N /I a ROBERT R.CUNNIN AM,PLS N : 4 - FOR:COWER COUNTY DEPARTMENT OF TRANSPORTATION WALLY,WELLFORD d NALVEN SKETCH 8 DESCRIPTION OF A PROPOSED RIGHT OF WAY ACQUISITION / ,INC CONTAINING 11.80 ACRES,LOCATED IN CONSULTING ENGINEERS AND SURVEYORS SECTION 29,TWP.46S..AGE,29E. 133 SOUTH Mc1NTOSH ROAD i COLLIER COUNTY,FLORIDA • SARASOTA, FLORIDA 34232 DATE SCALE CHECKED BY DRAWN BY PROJECT N0. rr DRAWING NO. FREY le-26-9/ 1 NOTT09CACE T RRC, l .JF/.S'IM I 8005 ICARevf 1.101 Ind I . L• . . U L W% Y$ '7(3.; 0_ d ) ! I.:: N V •W O wry e Q — \' OP N 1 U I bi 1 1 I 1 1 1 V Q)M C • I •C G N •• O t • • O 1 G m N Y u \\\ \ i 4 i-, . C = Y C Y Z Y Y O • OY Y •w Plit o• {s N OW a • •N 8 • sF 0 t8 l+ma • cir , ° w •v a °. -; I I I I 1 7 W • • . .. Y- °Ill fr.?. Z . $ N. Z.: 115RV lli ;3i O Z i R Y w 4 • •K Sie •vo So • �.w IF- G o •2 Ws Y i • m A $i • 513. 2: ` O r tw • 3 . $ O � 5d2 '$ C c° � i 1 m it 611 E fi O;i? s E 'i i'• lei Vilifeillf72 +� ti 3� •M •r 1 :,. . D °ii rtzsi2.5: H kb":00 3i;t:irf: I �Q( <o3 I 7 1 } Q O w3 i O — N. .l a. O — W 2 I t Co 1-- a 0 cc 1 \ . • Xi i • WW j 1 1 s;^ - (V W 1 i W Iz Z ii p 2 iN 1 ° I 3 I o $ CC :rn el Z I Z REOUCTIO Q' NOT TO SCALE C U Z -N 1 1-....C•4 m I .411\I F o: o w -- - - 1. Zv) • • - I I t .FOR:COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH S DESCRIPTION OF A PROPOSED RIGHT OF WAY ACQUISITION WALLY,WELLFORD a NALVEN,INC (�`� iii t. CONTAINING 27,291 SO.FT.LOCATED IN THE N.W.1/4 OF THE N.W.I/4 CONSULTING ENGINEERS AND SURVEYORS y� SECTION 32,TWP,46S.,ROE.29E. 133 SOUTH MCINTOSH ROAD -Al CC COLLIER COUNTY,FLORIDA SARASOTA, FLORIDA 34232 6.28.49 14/OTTOMAZE I RRGo •Y 1 ✓F/SLM I B005Y NO. OAP f s ..I., IAA Rtv a • t j. CORNER 9-.7:'X.r T. 167.17' - Northwest Corner, V.V • '4 -_ SW 1/4 ■ 4. '.AKE TRAFFORD ROAD ppa 'x014'11• T'• 23.73.20' — (•1 of 6) — L • 47.45' IN • 30 S 0 •S 30 a 7. 2 N PROPOSED 0 • RIGHT OF WAY CC I ACQUISITION z 0 cr V +/- 11.200 SO. F. • F�o a o °• •Si 0 oil .. O e .. p or a.. Z -.0 s MZ�Stn.- ~_~ •Fa a0O..H 0 V..§ �W11 M /one': 0 40.r N Y �� + - 3 Y &.w O O7 L• O O Cu • M C I ;="o • • O L O: • O M /(9p�► C O.. ! 4 •'�Lei r WW 0 >.4 9 CUC F.4. ` 1 0 • • W • o ,- T w O N Iff �O IL • Ly Gi Y!"� L O w o' Y 00 q O N 10 C•O 10.Ci O C • VE • .. OOT f71! •►.i.wtp O / O.• .ppr .1p.. . .. go 1 4 °V 4 V.(41 U n U °^'Z O `M M V •6i CC:1 �I q oyes yC=F p; oe H t3 = ‘,... . y hi 1~� U ° /f`ek.. O..O C pmow 2� J YO �� • •.°i Vpp "OI O O��1�yy1 0~ CY a �t N.i.j��tt w O uyym,, A �+.�\W�. I °wpMN wMO O L °.Ci °O 0 • • M ° U a C• C. .. L °>F S OI el el ..:1 A e IVIhRgii;I:;!;! .C ° p S a��z .r < . a0: s �R B1• •`• c e 8 i 0 • a a. U fi NOTES: ' THE Bf1.PJ►6S SHOWN HEREON ARE BASED ON THE SOUTH 1/2 OF THE WEST 3 L?IE OF aZT1ON 32 HAVING A BEARING Of S 0111'04'E. 1 N +a T163 DRAirr G 19 A SKETCH ONLY AND DOES NOT REPRESENT A FIELD SURVEY iS SUCH o 'a . N 1 i �� -,.c.r.j&.... 7 ! 60u,.. V.�t O a 1.tO,M..S.a /- 1 ` ROBERT R w .GVn1N atA NyquyJtq 1 // CORKOWEA CAUNTV DBP►o.TMEW OrTRANSPORTSTION WALLY, WELLFORD a NALVEN, INC. € SIL`TC'M 4 DESCRIPTION OF A.PROP046D RKsMT or WAY CONSULTING ENGINEERS AND SURVEYORS ACgtIlilTION CONTAINI►.16 I/,OO •BA.VT., LOC.ATEO • SARASOTA - FLORIDA 114'TN6 N.W. VA OF-ma S.W.VA a 4iPe+...• • _ _ T . _ /!.CORNER N west Corer. N"`�/a of the SW t%4 /� N T - ( 3 0f 6 ) — n W 11 +/— NOR'N UNE OF 0. R. 1134 °• "C' is a ow 1. cr I S$ s PROPOSED o RIGHT OF WAY ACQUISITION C a • ROAD, t E 11.ITY AAiD LRMA.114bfss elks Ai1E1.1T Is DESCRIPTION A parcel of land being part of that parcel described to O.R. Book 1134 on Page 1707. Official Records of Collier County, Florida located in 4 the Northwest 1/4 of the Southwest 1/4 of Sectim 32. Township 48 South. Range 29 East. .Collier County. Florida more particularly described as follows: b. R Commence st the Northwest corner of the Northwest 1/4 of the Southwest 1/4 of said Section 32: thence S-01'-31•-04•-E along the West line of said Section 32, a diatoms of 371 feet more or bb less to the Northwest corner of,thet parcel described in O.R. g Book 1134, Page 170, and tlu POINT OF BEST NIt thence Easterly 284 along the North line of said described parcel a distance of 17 feet more or less: thence-8-0S'-i8'-12'-M a distance of 101 feet more or less to the PC of a curve to the left being a radius of 800.00 feet: thence Southwesterly along the arc st said curve through a central angle of 08e-29'-i8' a ttstance of 90.59 feet to the PT of said curve being a point one it line of said Section 32: thence N-01.-ii'-04'-W slang-the Nest line of said • Section 32 a distance of 191 fest more or lens to the POINT OF BEGINNING. Containing 1230 square feet aat'e or :sea. • Fa n • Ham THE aKAMM VOW MOWN ME USED w x Ssr%•."1 OF =MIT UWE or 7EC'.IO I a7 HAVMO A ICANNO Or$or If Or E TM DRAWN I A WSW ONLY NO 002 rDT IIeNICle•ALT SAM AS stint /'� SOUTN UNE OF 0. R tt34, P. ' -- _. 1 . ccosecrT z cumsnwoms ., .eses14 Fos'COLLIER Cowers/ OEPAS.TMENT Car TRamsro CTAT10u WALLY, WELLfORO & NALVEN, INC. SKETCH 4 DESCRI►'T1oN OF A PROPOaEO RMiNT OF WAY - CONSULTING ENGIIEERS AND SURVEYORS • ACCW1SIT101,4 Cowl INtUO, 17So .FT. t..00.ATeO SARASO•A — FLORIDA Id-TME .4 w. V 4 Or •TU% 6.W. I/4 DAR.. .__. 1 r- w.PARL.EL.NO. 106 laev. SECTt014 '!s2.-Twr, 46 S.. Q.29 6. r, ■ • ( 6 of 61 — . R . •''09.20' 1.1 L + 52.63' . i :/4 =MI .-54. ..AKE -?AFFORD ..OAO N 03•06'1-' -_ } - - r 114,90' , t I I A•. 2-1's•i ';. 1 R . 3337.65 L - 128.071 Z i0 �i- - 6-29'16' R . 9 0 0.0 0* :I ;il 0 1 . - '01.91' • ±'2 . :il ( i PROPOSED ROAD, NTiLiTY A►sb bItAu.lAb E EASEMENT RIGHT OF WAY ACOUIS111ON 1 DESCRIPTION ( II I A parcel of land in the East half of the Southeast 1/4 of Section 31. 1 I Township 46 South. Range 29 East and in the Northeast 1/4 of the Northeast 1/4 of Section 6, Township 47 South. Range 29 East sore particularly described as follows: Beginning at the Section corner cosaon to Sections 31 and 32. N 1 Township 48 South. Range 29 East and Sections 5 and 6 Township 47 IN ts South. Range 29 East: thence N-01'-ii'-04'-w along the East line a I IN of Section 31 a distance Of 2628.73 feet to a point on the arc of I I~ a curve on the Southerly right-of-way line of Lake Trafford Rd. from which the radius point of said curve lies N-00'-36'-23•-E a distance of 11499.20 feet: thence Westerly along said curve through a central angle of 00'-15'-44' a distance of 52.63 feet: thence S-03'-08'-17'-w a distance of 114.90 feet to the PC of a curve to the right having a radius of 3337.65 het: thence Southerly along the arc of said curve and through a central angle Of 02'-it'-54' a distance of 128.07 feet: thence S-415'-t8'-31'-N I I I a distance of 185.92 feet to the PC of a curve to the left having I 1 I a radius of 900.00 feet: thence Southerly along the arc of said Curve and througn a central angle of 06'-29'-i6' a diatanee of 101.91 feet: thence S-01'-i1'-04'-E a distance of 2128.26 feet to ill a point on the Westerly extension of the Southerly right-of-way line of Imsokalee Drive: thence N-88'-59'-38'-E a distance of 99.80 feet: to the intersection of the Southerly right-of-way p! , line of Immokalee Drive and the East line of the aforementioned Section 8: thence N-00'-48'-37'-W a distance of 30.00 IOU along le I I' the coat line of IWO (cotton a to the POINT OP RIINNINB, 'a 1 I . ItE Containing 5.82 acres. r Ilk r o a S z 2 �1 I III i Ij, 1 jjiMV II`!!. 10 NOTES n i'' THE BEARINGS SHOWN HEREON ARE BASED ON '"E SOWN :-2 Cr '1+E WEST I 1 ml UNE OF SECTION 32 NAMNO A BEARING Of S O1''•' 04' E. I . I THIS DRAWING IS A SKETCH ONLY AND-OOtS NOT 9EPRESE4T A s•r..0 ' SURVEY AS SUCH. SECROPB OOIEIl1 ' I , zcnaSI . . a.C. C. t44A.° f —zaaR.7..lLR.. t - .- �. o 99.60' 30.00' // �� V 6839.36' E V 00'46'37' W ' ROBERT R.CUNNING AM,PLS s 3924 FOR:COLLIER COUNTY DEPARTMENT OF TRA\SPORTATION. �, SMALLY WELLFORO 8 NALVEN, C SKETCH a DESCRIPTION OF A PROPOSED RIGHT OF WAY ACQUISITION CON- ' IP TAINING 5.82 ACRES LOCATED IN THE E.I/2 CF THE S.E.I/4,SECTION 31, CONSULTING ENGINEERS AND SURVEYORS ll. TWP.46S.,RGE.29E.II THE N.E.1/4 OF THE N.E.I/4,SECTION 6,TWP.47$. 133 SOUTH McINTOSH ROAD RGE.2E:- COLLIER COUNTY,FLORIDA SARASOTA, FLORIDA 34232 , OATS SCALE CHECKED ay • OSAWN BY PIIO.1[CT w0. 355W4N{ No. CCV. !0•28 69 'Igor TO zits I 4 R C.' �..4c/.COW H9000 PAR.cEL NO. 107 I ) EXECUTIVE SUMMARY I RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY VIA PERPETUAL EASEMENTS REQUIRED FOR THE CONSTRUCTION OF ROAD, UTILITY AND DRAINAGE IMPROVEMENTS TO WESTCLOX STREET, FROM SR-29 TO CARSON ROAD, AND TO CARSON ROAD, FROM WESTCLOX STREET TO IMMOKALEE DRIVE. OBJECTIVE: To obtain authorization from the Board of County Commissioners, Collier County, Florida, to acquire right-of-way in the form of perpetual easements which may be required for the construction of road, utility and drainage improvements to Westclox Street and Carson Road in Immokalee, Florida. CONSIDERATION: Right-of-Way may be obtained by the County for the use of the general public either by plat and/or dedication, or it may be acquired as an easement only, or by purchase of the entire - fee simple estate in a parcel of land. Staff recommends the acquisition of right-of-way in the form of perpetual easements, as opposed to acquisition of the. entire fee simple estate, based upon previous success in negotiating for said purchases at less than the market value of the fee simple estate. As long as property owners are allowed to claim the gross acreage of their lands, regardless of the existence of easements, in performing density calculations to determine the number of allowable units per acre which may be permitted upon their lands, the lands encumbered by such easements do, in fact, retain a certain value ; and as a consequence, the compensation due the owner for the acquisition of the easement can often be negotiated at less than full market value. Adoption of the attached Resolution will permit such easement acquisitions and will confirm also that , once acquired and recorded in the Public Records of Collier County, Florida, the right-of-way for this Capital Improvement Element Project shall be formally "accepted" by the Board of County Commissioners, Collier County , Florida. FISCAL IMPACT: Preliminary estimates indicate the total cost of the right-of-way acquisition phase of the project to be $126, 000 in Fiscal Year 1990/91 . This estimate includes all service fees ( title search, appraisals, attorneys ) , the value of the land and improvements and any severance damages to the remainder properties, and also includes contingencies for settlements above appraised value and for condemnation awards. All costs and expenses will be charged against : 313-163673-(Object Code)-69021 . MIENDUITM Noy ,114 f6 to JAN r 8 91 Executive Summary Westclox / Carson January 8 , 1991 Page 2 GROWTH MANAGEMENT IMPACT: The construction of improvements to Westclox Street and Carson Road is part of the Transportation Services Five Year Secondary Road Program covering FY 89/90 through FY 94/95 ; and said improvements are listed as a Capital Improvement Element ( CIE ) Numbers 026 and 035 , respectively, within the County' s Comprehensive Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing the acquisition of the right-of-way in the form of perpetual easements which may be required for the construction of the road , utility and drainage improvements to Westclox Street and Carsor Road. `i PRhPARED BY: 41111PIFFF' -7/01r DATE: !2- ze- yc �evii) He' .ricks , R. G9�1�!of-w• y Supervisor APPROVED BY DATE : _.1 (Ill l George F. Archibald , Transportation Administrator GENDA,-M JAN r 8 91 deCh RESOLUTION NO. 91 - 27 JANUARY 8, 1991 . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF EASEMENTS REQUIRED FOR THE CONSTRUCTION OF ROAD, UTILITY, AND DRAINAGE IMPROVEMENTS TO WESTCLOX STREET, FROM SR-29 TO CARSON ROAD, AND TO CARSON ROAD, FROM WESTCLOX STREET TO IMMOKALEE DRIVE. WHEREAS, the Board of County Commissioners on June 8, 1990, adopted the Five Year Secondary Road Program covering FY 89/90 through FY 94/95, of which improvements to Westclox Street and Carson Road are component parts listed as CIE Project Numbers 026 and 035, respectively; and WHEREAS, construction of the above-described improvements may require the acquisition of various perpetual and non-exclusive easements, as appropriate, across those lands as identified in Exhibit "A". NOW , THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1 . It is hereby determined that the acquisition by Collier County of perpetual, non-exclusive easements for the construction of roadway, utility and drainage improvements is necessary and in the best interests of the citizens of Collier County. 2 . Negotiations for the acquisition of perpetual, non-exclusive easements across those lands as identified in Exhibit "A", attached hereto and incorporated herein, and which may be /11 required for the construction of the above-described improvements, are hereby authorized. 3. The Chairman of the Board of County Commissioners of Collier County, Florida is hereby authorized to execute, on behalf of the Board, all Easement Agreements which do not exceed the appraised value of said easements; and to execute, on behalf of the Board, all other agreements and instruments pertinent to the acquisition of said easements which have been reviewed and approved for form and legal sufficiency by the Office of the County Attorney. 4 . All perpetual, non-exclusive easements acquired pursuant to the provisions of this Resolution are hereby accepted by the Board of County Commissioners of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote. DATED:�ii� � BOARD OF COUNTY COMMISSIONERS � OF LLIER� - UNTY,_4FL v ATTEST: .LAMES C. GICES�C1 fe.rk By: �,,,.a der Chairman • Ai5praved as tO form and legs', au$LicIency: • )ennis P. ronin, Assitant County Attorney MS Cn'" 4915 ':Y• 'irK ,y.. YnY.w Y, V' 7.:; . ., .�i. 't.. (a:a y1.:1;.1r::M'yi ® EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY IN FEE SIMPLE REQUIRED FOR THE CONSTRUCTION OF ROAD, LIILITY AND DRAINAGE IMPROVEMENTS TO WESTCLOX STREET, FROM SR-29 TO CARSON ROAD, AND TO CARSON ROAD, FROM WESTCLOX STREET TO IMMOKALEE DRIVE. OBJECTIVE: To obtain authorization from the Board of County Commissioners, Collier County, Florida, to acquire right-of-way in fee simple which may be required for the construction of road, utility and drainage improvements to Westclox Street and Carson Road in Immokalee, Florida. CONSIDERATION: Right-of-Way may be obtained by the County for the use of the general public either by plat and/or dedication, or it may be acquired as an easement only, or by purchase of the entire fee simple estate in a parcel of land. Although staff typically CD recommends the acquisition of right-of-way in the form of perpetual O easements, as a means to save money, in some cases the property CD owners insist upon divesting themselves of all interest in the property, and will not convey an easement only to the County. In O • such cases, and where the cost of the easement would be tantamount .J to the fee, staff believes the interests of all parties are best O served by acquiring the entire fee simple interest in the parcel. O Adoption of the attacheu Resolution will permit such fee simple acquisitions and will confirm also that, once acquired and recorded in the Public Records of Collier County, Florida, the right-of-way for this Capital Improvement Element Project shall be formally "accepted" by the Board of County Commissioners, Collier County, Fioriva. FISCAL IMPACT: Pr•e, iminary estimates indicat, the tutai cost of the right-of-way acquisition, phase of the project to be $134,200 in Fiscal Year 1990/91. This estimate includes all service fees ( title search, appraisals, attorneys) , the value of the land and improvements and any severance damages to the remainder properties, and also includes contingencies for settlements above appraised value and for condemnation awards. All costs and expenses will be charged against: 313-163673-(Object Code)-69021. GROWTH HATiAGEMENT IMPACT: The construction of improvements to Westcloa Street and Carson Road is part of the Transportation Services Five Year Secondary Road Program covering FY 89/90 through • FY 94/95; and said improvements are listed as a Capital Improvement Element (CIE) Numbers 026 and 035, respectively, within the County's Comprehensive Plan. Ila JAN`0;8 91 y Nib.,_ r,��,. 41 4. .'•.{oI.+iY,, ..'u��..,e i4, 91kio'al '.'b .. :!.N :• • i f i r' 7.� i� f j t ! >.t j RESOLUT Iv.. NO. 91- 96 r� A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF LANDS REQUIRED FOR THE CONSTRUCTION OF ROAD, UTILITY, AND DRAINAGE IMPROVEMENTS TO WESTCLOX STREET, FROM SR-29 TO CARSON ROAD, AND TO CARSON ROAD, FROM WESTCLOX STREET TO IMMOKALEE DRIVE. WHEREAS, the Board of County Commissioners, on June 8, 1990, adopted the Five Year Secondary Road Program covering FY 89/90 through FY 94/95, of which improvements to Westclox Street and Carson Road are component parts listed as CIE Project Numbers 026 and 035, respectively; and WHEREAS construction of the roadway, utility and drainage improvements may require the acquisition in fee simple of those lands as identified in Exhibit "A", attached hereto and incorporated herein; and WHEREAS, Chapter 196 .295(1) , Florida Statutes, provides that ad valorem taxes on lands are cancelled as of the date of their acquisition by an exempt governmental unit (e.g. , Collier County). NOW , THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1 . It is hereby determined that the acquisition by Collier County of those lands, by fee simple interest, required for the roadway, utility and drainage improvements to Westclox Street, from SR-29 to Carson Road, and to Carson Road, from Westclox Street to Immokalee Drive, (hereinafter referred to as the "Project") is necessary and in the best interests of the citizens of Collier County. 2. Negotiations for the acquisition of those lands as identified in Exhibit "A", attached hereto and incorporated herein, which may be required for the construction of the Project, are hereby authorized. 3. The Chairman of the Board of County Commissioners of Collier County, Florida is hereby authorized to execute, on behalf of the Board, all Purchase Agreements which do not exceed the appraised value of said lands; and to execute, on behalf of the Board, all • other agreements and instruments pertinent to the acquisition of said lands which have been reviewed and approved for form and legal sufficiency by the Office of the County Attorney. 4 . All lands acquired pursuant to the provisions of this Resolution are hereby accepted by the Board of County Commissioners of Collier County, Florida; and the continued accrual of ad valorem taxes upon those lands so acquired shall be cancelled as of the date of closing, in accordance with Chapter 196.29, Florida Statutes. THIS RESOLUTION ADOPTED after motion, second and majority vote. 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