Livingston Rd - (Immokalee Rd to Vanderbilt Beach Rd) Collier County
Transportation ROW
Livingston Rd Immokalee Rd to
Vanderbilt Beach
Rd
ay
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RESOLUTION NO. 99-426
,.� RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY,FLORIDA,AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE
OF ROAD RIGHT-OF-WAY,SIDEWALK,SLOPE,UTILITY,DRAINAGE,
MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY
EASEMENT AND/OR FEE SIMPLE TITLE INTERESTS WHICH ACQUISITIONS ARE
REQUIRED FOR THE FOUR-LANING CONSTRUCTION IMPROVEMENTS FOR
LIVINGSTON ROAD BETWEEN IMMOKALEE ROAD AND VANDERBILT BEACH
ROAD CIE NO.57.
WHEREAS,the Board of County Commissioners(Board),on October 28, 1997,adopted
Ordinance No.97-55 therein establishing the 1997(Seventh Annual)Capital Improvement Element of
the Growth Management Plan in order to establish priorities for the design,acquisition and
,
construction of the various capital improvement projects. The Transportation Element of the County's
Comprehensive Plan was adopted in Ordinance No.97-62;and
WHEREAS,the four-laning construction improvements for Livingston Road between
Immokalee Road and Vanderbilt Beach Road are component parts of the Transportation Element of the
County's Comprehensive Plan;and
WHEREAS,alternate locations,environmental factors,long range planning,cost variables,
concurrence,safety and welfare considerations have been reviewed as they relate to the
implementation of said transportation improvements;and it has been recommended by County Staff s.
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 four-laning construction improvement for Livingston
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Road between Immokalee Road and Vanderbilt Beach Road,hereinafter referred to as"Project"as
identified on Exhibit"A"attached hereto and incorporated herein by reference;and
g, .
WHEREAS,the design and construction of said transportation improvements and related
facilities have been determined by the Board to be necessary and in the best interest of Collier County;
4 and
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WHEREAS,the construction of the transportation improvements and related facilities -
contemplated by the Project are 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
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of the Growth Management Plan for Collier County.
NOW,THEREFORE,BE IT RESOLVED BY I'HE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: f
• •N 1. The Board has considered the environmental factors,safety factors and fiscal considerations
relating to the final adopted location of the transportation improvements and related facilities.
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2. The road right-of-way,sidewalk,slope,utility,drainage,maintenance and temporary driveway
n restoration interests by easement and/or the fee simple title interests acquisitions identified on Exhibit
"A"are the most feasible locations,both necessary and consistent with the project requirements,in
order to permit the construction and maintenance of the transportation improvements and related
facilities for the four-laning construction improvements for Livingston Road between Immokalee Road
and Vanderbilt Beach Road,CIE No.57.
3. The Board has determined that the construction and maintenance of the transportation
improvements and related facilities are necessary for a public purpose and is in the best interest of
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Collier County.
4. The construction and maintenance of the transportation improvements and related facilities are
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,sidewalk,slope,utility,drainage,maintenance and temporary driveway restoration s,
interests by easement and/or the fee simple title interests identified in Exhibit"A";and County Staff is ,9
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hereby authorized and directed to acquire by gift or purchase the perpetual,non-exclusive,road
right-of-way,sidewalk,slope,utility,drainage,maintenance and temporary driveway restoration
interests by easement and/or fee simple title interests on the properties identified in Exhibit"A".
6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the
appraisal firm(s)selected from the list of firms pre-qualified by the Board of County Commissioners.
The Board further directs staff to use appraisal reports or internal compensation estimates as staff
K determines is necessary to best serve the needs of the Project in a timely and cost-effective manner.
r7. The Board,in accordance with the provisions of Chapter 125.355,Florida Statutes,hereby
` A a' , formally waives the requirement for a formal,independent appraisal report for the purchase of a
property where the purchase price of the parcel(the compensation 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"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 r
property acquisition,Real Property Management Department staff is hereby directed to offer ,
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immediate delivery to the respective property owners of the full compensation(as established by the e
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
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 hereby authorizes its present Chairwoman
and any subsequent Chairman/Chairwoman,for the life of the Project,to execute any instruments
which have been approved by the Office of the County Attorney which may include,agreements,
documents to remove the lien of any encumbrance,and for any such other purpose as may be required
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for the acquired road right-of-way,sidewalk,slope,utility,drainage,maintenance and temporary
driveway restoration interests by easement and/or fee simple title interests. r '
9. In those instances where negotiated settlements may be obtained via the"Purchase Agreement"
or"Easement Agreement"mechanism,the Director of the Public Works Engineering Department,or
his designee,is charged with the responsibility for completion of various capital improvement projects,
and is hereby delegated the authority to approve the purchase of land interests above the staff K< "
compensation estimate or appraised value and pay normally related costs when it is in the best interest
of the Project,within the pro-rata share of the land rights acquisition budget for the parcel being
acquired,only when the difference between the purchase price and compensation estimate or appraised
value is less than Fifteen Thousand and 00/100 Dollars($15,000.00)or the current purchasing limits
established by the Collier County Purchasing Department;provided,Project funding is available.
10. That the settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355,Florida Statutes.
11. The Chairwoman of the Board is hereby authorized to execute Easement Agreements and
Purchase Agreements where the land owner has agreed to sell the required land rights to the County at
its appraised value or at that amount considered the"Administrative Settlement Amount"as such term
is internally used by the administrative agencies of Collier County.
12. Where the property owner agrees,by"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 or fee simple title,and such other legal documents as the Office of
the County Attorney may require,the Board hereby authorizes the Finance Department to issue
warrants,payable to the property owner(s)of record,in those amounts as shall be specified on a
n closing statement and which shall be based upon the appraisal or staff compensation estimate in
accordance with this Resolution and the provisions of Section 125.355,Florida Statutes.
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13. All title to properties or interests in properties which have been obtained in the manner
described above shall be deemed"accepted"by the Board of County Commissioners,as the governing i
body of Collier County,Florida,a political subdivision of the State of Florida,and as such,staff is
hereby authorized to record in the Public Records of Collier County,Florida,said easements or fee
simple title and such other instruments as may be required to remove the lien of any encumbrance from
the acquired properties.
This Resolution adopted on thi •� ":
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P S�[3 day of —raV , 1999,after motion,second and
majority vote.
AT'T'EST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA
DWIGHT E.BROCK,CLERK
�/ '
By: // /
r--- '� ! `amela S.Mac'Kie,Chairwom•n
, lerk
Pttelt as to Cfisir+ni's
oro Approved as to form
and legal sufficiency
■••
eidi F.Ashton
Assistant County Attorney
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` LIVINGSTON ROAD RIGHT-OF-WAY CORRIDOR 4N 4f, `,
(VANDERBILT BEACH ROAD TO IMMOKALEE ROAD) EXHIBIT ; '
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IMMOKALEE ROAD
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VANDERBILT BEACH ROAD