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Resolution 1992-342 JUNE 16, 1992 • RESOLUTION NO. 92- l47 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DECLARING THAT A FEE SIMPLE INTEREST IN REAL PROPERTY IS THE PREFERRED INTEREST SOUGHT FOR THE ACQUISITION OF RIGHT-OF-WAY FOR TRANSPORTATION CAPITAL IMPROVEMENT PROJECTS, } AND SETTING FORTH THE RATIONALE THEREFORE. WHEREAS, the construction of transportation improvements, as • identified in the Transportation Element of the Comprehensive Plan for Collier County, shall in many instances require the acquisition of right-of-way by either gift, purchase or condemnation; and WHEREAS, right-of-way for transportation improvements may be purchased or condemned either as an easement over, under, upon and across the land; or the fee simple interest in the land itself may be purchased or condemned; and WHEREAS, full compensation, as required by the Constitution of the State of Florida, for the easement rights purchased or condemned for transportation improvements is tantamount to the full compensation required for the purchase or condemnation of the fee • simple estate in property (between 90% and 100% of the fair market value of the lands so appropriated, depending upon the property's coning and the appraiser's judgment); and • WHEREAS, the purchase or condemnation of the full fee simple estate in lands required for near term transportation improvements • provides the County with a degree of control over the right-of-way which is superior to the control afforded by an easement only, and which, in many instances, may produce cost savings on future public works improvement projects by gaining the maximum flexibility over the uses permitted in the right-of-way so acquired. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that in consideration of long range planning and present day costs for transportation improvement projects, and in the interest of exercising the maximum degree of control over public road right-of-way which may allow the County to realize substantial savings by locating future public 111 000 FACE 57 JUNE 16, 1992 fir, " ' works projects within the acquired area, County staff is hereby + tt " � �' directed to purchase or condemn transportation road right-of-way in Jw- M �•',1 ' fee simple an the preferred method of exerclning mnxlmum control ' 1# over the right-of-way in order to construct any anticipated capital i ,i improvement projects. , I R s,. } IT IS FURTHER RESOLVED that in those instances in which the I purchase of a full fee simple estate cannot be negotiated by County - 1 j staff, and the costs associated with a condemnation of the full fee 1 simple estate may outweigh the future benefits contemplated by full It • County ownership of the right-of-way, and where the owner of the 1 property is willing to convey a perpetual, non-exclusive, road ,I right-of-way easement over, under, upon and across the property in compliance with the requirements of the transportation improvement i■ ,, p s, along with the right to construct and install i subordinate utility and drainage improvements, County staff is I directed to negotiate a reasonable settlement for the purchase of said easement, subject to Board approval, in lieu of proceeding with an action in eminent domain against the subject property. ' i ' 3 IT I8 FURTHER RESOLVED that, notwithstanding the future i� � i' ', Zt benefits to be derived by the County arising from a fee simple acquisition of the public right-of-way, there exist those , f' circumstances where the severance damages to remaining lands, as a fir;' ,± result of the taking of the fee simple estate for the r! 1 G transportation project, is of such an extent as to warrant the purchase or condemnation of a lesser estate easements interest in ` + �' order to mitigate or eliminate such damages; and in such instances I.i 4i County staff is hereby directed to undertake such analyses of future benefits vs. current costs as are relevant to the � determination as to the specific interest in real property the County should acquire for the instant project, and County staff may make such purchase offers, or prepare such pleadings in eminent Idomain, as may be necessary to mitigate or eliminate severance i } damages, and reduce total project cost. ® UU0 FAGi 58 ' 1 ' . i ! } ' JUNE 16, 1992 „/ :; • I UPON MOTION, SECOND AND MAJORITY VOTE, THIS RESOLUTION ADOPTED THIS /d DAY OF _ 1992. • ATTEST': `� .; BOARD OF COUNTY COMMISSIONERS O$ OLL ER F UNTY, FLORIDA es C. Oi Michael J. V 1pe, Chairman I ' •'i • . �• 4. Apprbtaed^f 'r Form and egal fficiency fi D nnis P. ronin Assistant County Attorney 6:; • ( i I.. .0 000 PAGE 59 `( • { j F • .