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Resolution 2012-224
RESOLUTION NO. 2012- 2 2 4 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 and Schedule II (collectively, "Parcel 124FEE")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 and Schedule II (collectively, "Parcel 124FEE") 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 124FEE. 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 124FEE 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 124FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 124FEE, which appraisal also includes a 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 -Page 2- 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 124FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Hundred Eleven Thousand and 00/100 Dollars ($111,000.00), 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 124FEE 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 124FEE 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. 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. -Page 3- AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this 2 3rd day of ©cjo kr. , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWI Ty:+$R K CLERK OF COLLIER COUNTY, FLORIDA * test as to Cho try ? F D W. COYLE, CHAIRMAN a.. Approved as to form and legal sufficiency: /! , .-_. effr, L. nds Outside Emine t Domain Counsel On behalf of effrey A. Klatzkow Collier Cou ty 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 / , W Ire- ,,: E SCHEDULE II \\it Page 1 of 1 S CELESTE DRIVE REPLAT N86'57'01"E 0 40 80 PB 22, PG 9 22.39' li=i1 TRACT 1R GRAPHIC SCALE BEAUMARIS, LLC N5714'l6"E 1" = 80' OR 4274, PG 2014 43.39' ' FOLIO N0. 25910000502 EXISTING RW I 1111 124FEE 10,220 SF L=281.73' r4 w R=2953.00' ' '��' t /: A=5'27'58" , CB=N38'28'37"E P C=281.62' .tom Q„ 11 C":, Ae1Q BO c 6.' 'QQ 4111 P08 TECM - ROW N54-21.01"W BLVD. AR C.R.OF 951 TRIANGLE B JUN 1 5 2012 17.05' 16 PG 87 L=39.25' R=25.00' LEGEND A=89'57'21" RW - RIGHT—OF—WAY CB=S80'40'19"W OR — OFFICIAL RECORDS BOOK C=35.34' PB — PLAT BOOK PC — PAGE UE = UTILITY EASEMENT LBE - LANDSCAPE BUFFER EASEMENT C.R. - COUNTY ROAD POB - POINT OF BEGINNING NO. - NUMBER L = LENGTH R - RADIUS A - DELTA CB - CHORD BEARING C = CHORD LEGAL DESCRIPTION — PARCEL 124FEE EE SIMPLE INTEREST A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRIANGLE BOULEVARD LYING ADJACENT TO C.R. 951, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE ONE, RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY RIGHT—OF—WAY LINE OF SAID TRIANGLE BOULEVARD, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 39.25 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89'57'21", AND WHOSE LONG CHORD BEARS S80'40'19"W FOR A DISTANCE OF 35.34 FEET; 2) THENCE N5421'01"W FOR 17.05 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE; THENCE LEAVING SAID TRIANGLE BOULEVARD, 281.73 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2953.00 FEET, THROUGH A CENTRAL ANGLE OF 05'27'58", AND WHOSE LONG CHORD BEARS N38'28'37"E FOR A DISTANCE OF 281.62 FEET; THENCE N50'14'16"E FOR 43.39 FEET; THENCE N86'57'01"E FOR 22.39 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 1 R, CELESTE DRIVE REPLAT, AS RECORDED IN PLAT BOOK 22, PAGE 9 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO KNOWN AS THE WESTERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 951; THENCE S35'41'39"W FOR 312.29 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 1R, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 10,220 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 61411V �fr MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS 5301 DAT NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .hi•.a 2012 723 m we\200!\oeoce/.00.0o U541 8 cR93t M.,$.eo.n...ft Mu CResr RRR\aof ww\vn r-sw.wy\Sketch Are 0•AndAdons\7cr-RW my 02\srco..724PEE.sq RWAniPROJECT: U.S.41/C.R.961/S.R.951 Punsies cSKETCH AND LEGAL DESCRIPTION �HsI PARCEL 124FEE: RIGHT—OF—WAY 8810 Willow Park Dive,Sults200 Naples,Florida 34 109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)5970575 FAX:(239)597.0578 LB No.:9952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 2 I 34 I 50S I 26E I 1" = 80' I 6/8/12 I R.A.K. I SKD_124FEE I 1 OF 1