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Resolution 2012-219 RESOLUTION NO. 2012- 21 9 A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 119FEE, 119TCE") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 119FEE, 119TCE") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 119FEE, 119TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 119FEE, 119TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 119FEE, 119TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 119FEE, 119TCE, which appraisal also includes a -Page 2- good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 119FEE, 119TCE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Hundred Fifteen Thousand Two Hundred Fifteen and 00/100 Dollars ($115,215.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 119FEE, 119TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 119FEE, 119TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. -Page 3- AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this2 'rel day of 0 c..+O Qr , 2012, after motion, second and majority vote. _ t.., .RL ATTST; BOARD OF COUNTY COMMISSIONERS OW T E. B O , CLERK OF COLLIER COUNTY, FLORIDA A I >s+ 0[.c By. iLN • E F D W. COYLE, CHAIR • MOW"' h°.to CM tr4 ttpnature Approved as to form and lega ' ciency• v Jeffrey L. Hi i s Outside E nent Domain Counsel On behalf.f Jeffrey A. Klatzkow Collier County Attorney -Page 4- Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule II. 2. Schedule II describes and depicts a fee simple acquisition from Owner(s)for road construction and related purposes, all being associated with the Project. The County shall acquire a fee simple interest in the property described and depicted on Schedule II. Schedule I - Page 1 of 1 N SCHEf? LE II * r;F��'-4,, P e1 of I s p� 0 30 so / / GAMIC SCALE / 1" ' 93' 554'172'84.15"0E...1 / UNPLATTED EAST STORESMART / NAPLES, LLC / 1111' (PARCEL A) OR 4741, PG 1535 b"� FOLIO NO. ate' 00724560004 0° i ry 111111's'IP. 119FEE 4.241 SF ,y�� POB �� 411 y / UNPLATTED• • ABC LIQUORS, INC EXISTING Rw \_1'.154'20'08"W OR 4259, PG 4111 �� y 28.49' / FOUO NO. 00724640005 C,/ / N., /31" UNPLATTED RTG, LLC LEGEND / OR 4705, PG 753 RV/ RK IT—OF—WAY FOLIO NO. 00726725009 OR - OFFICIAL RECORDS BOOK / PEI r PLAT BOOK PG 0 PAGE POD . POINT OF BEGINNING \ FEE SIMPLE NO. . NUMBER C.R. - COUNTY ROAD AKA - ALSO KNOWN AS INTEREST LEGAL DESCRIPTION — PARCEL 119FEE A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT—OF—WAY UNE OF C.R. 951; THENCE N35'42'05"E FOR 148.83 FEET ALONG THE EASTERLY RIGHT—OF—WAY OF C.R. 951; THENCE S54'17'41"E FOR 28.50 FEET ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, S35'42'19"W FOR 148.81 FEET, TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111; THENCE N54'20'08"W FOR 28.49 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 4,241 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW "Aztkiit_____ 15112 AUG 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS, 5301 D TE IGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Arid.7012 10.10 w W,200A0I00II0a00 004i•Oust s*rsvMd"anpreameat.ma ahem pawn Mag1fl,l-%.q 5Me►ARIO OMc.yaa.\trr-Ar+a.a7uif__uVf M,* WAY4c=tato PROJECT: U.S.41/C.R.951/8,R.951 SKETCH AND LEGAL DESCRIPTION PARCEL 119FEE: RIGHT-OF—WAY olio map p.*Onvo Suls200 PREPARED FOR COWER COUNTY GOVERNMENT/BOARD Of COUNTY COMMISSIONERS 'p0'b`a:1 3 Phone:(234►lSS7-0575 FAX:1239)507-0575 LB No.:5562 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 3 1 3 i 51S I 26E I 1" .. 60' I 7/23/12 I !U.K. I SKD_119FEE I 1 OF 1 Schedule III (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule IV") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement ("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of (1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project, any improvements depicted in Schedule II, and for restoring the temporary construction easement area. b. All the TCE rights and privileges granted herein shall commence on the day the easement rights are vested in the County through agreement, court order, or operation of law and end three (3) years after that date. c. Throughout the duration, the County has the right and authority to remove and dispose of dirt, rocks and vegetation within the temporary construction easement area. To the extent damage or loss results from use of the TCE by the County, its agents or contractors, County shall compensate Owner(s) for any damage or loss remaining at the end of the of term of this TCE. 3. Owner(s), their heirs, successors and assigns may continue to use the TCE area for any lawful purposes that do not directly interfere with the County's acquired rights; provided, however, that Owner(s), their heirs, successors and assigns shall not Schedule III - Page 1 of 2 construct nor permit to be constructed any building, structure, excavation or other improvement or obstruction, on, over, under, above, across, within or through the TCE area (for as long as it shall exist) which may interfere with the County's construction of the improvements as depicted in the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116 or which would otherwise directly interfere with the exercise by the County of its acquired easement rights, including ingress to and egress from the TCE area (for as long as it shall exist). Schedule III - Page 2 of 2 N // / SCHEDULE IV A !,.., �.i, E /' �o ,so°' Page 1 of 1 S � / 0 q 0 20 40 4P GRAPHIC SCALE 4 1' a 40' G S54 UNPLATIED '17'41"E EAST STORESMART e onsim NW 16.60' NAPLES, LLC / (PARCEL A) OR 4741, PG 1535 FOLIO NO. 119TC E 00724560004 1,911 SF S35'38'S9'1N / ( 3.62' 5 III pe P / 4,440 " N54'2 1 j ry NNNNN J5:::ED/ P■ POB ABC LIQUORS, INC OR 4259, PG 4111 POC ' FOLIO NO. 00724640005 N54'21'01`W TEMPORARY 654 20'08"E `L"10.14' 28.49' CONSTRUCTION EASEMENT N54'20.oelvl LS35' 8'59'W 9.32 , DURATION 3 YEARS. /� LEGEND RW . RIGHT—OF—WAY UNPLATTED OR : OFFICIAL RECORDS BOOK / RTG, LLC P9 • PLAT BOOK / OR 4705, PG 753 PG ' PAGE FOLIO NO. 00726725009 P09 == POINT OF BEGINNING NO. • POINT OF COMMENCEMENT N0.. w NUMBER N. S.R. • STATE ROAD AKA • ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 119TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF C.R. 951: THENCE S54'20'08"E FOR 28.49 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY N35'42'19"E FOR 148.81 FEET, TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111; THENCE 554'17'41"E FOR 16.60 FEET ALONG SAID NORTHEASTERLY BOUNDARY; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, S35'38'59'W FOR 53.62 FEET: r. THENCE N54'21'01"W FOR 5.00 FEET: v THENCE S35'38'59'W FOR 85.87 FEET; THENCE N54'21'01`W FOR 10.14 FEET: THENCE S35'38'59'W FOR 9.32 FEET. TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS 800K 4259, PAGE 4111; THENCE N54 20'o8"W FOR 1.61 FEET, ALONG SAID SOUTHWESTERLY BOUNDARY TO THE POINT OF BEGINNING OF' THE PARCEL HEREIN DESCRIBED. CONTAINING 1,911 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDTECM ' ROW ilititittr AUG 15 2612 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 15D/I,TE IGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Aewa 14 me wo wit»aos aoolmoaot u44I*avast.wenearl Lima. nt•And on)evvwor vn.,.\a 1-ArowLs)sab one tango ie.AAT-rtr/Am J\3 V,v1er4w I ADC. mown SKETCH AND .LEGALRDESCRIPTION 1W q,A1n PARCEL 119TCE: TEMPORARY CONSTRUCTION EASEMENT aeio MOW Park Delve.eft PREPARED TOR: COWER COUNTY GOV$R(M NI BOARD 0? COUNTY COMMISSIONERS ".gala woo � Pt,o.c(�sa�ros7a FAX:WMl 597o5711 Le No.:/age JOB NUMBER I REVISION SECTION 1 TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 4 i 3 L 51S a 26E 1" • 40' 8/10/12] R.A.K. I SKD_119TCE 1 OF 1