Resolution 2004-002
1683
RESOLUTION NO. 2004- ~
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND/OR
UTILITY EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH
WILL BE REQUIRED FOR THE INSTALLATION OF SIGNAL SYSTEM MAST ARM
ASSEMBLIES AND CONTROL BOXES AT INTERSECTIONS AT SR 29 AND
IMMOKALEE DRIVE, AT SR 29 AND 1 ST STREET IN IMMOKALEE, AND AT THE
INTERSECTION OF GOLDEN GATE P ARKW A Y AND TROPICANA BOULEVARD.
WHEREAS, due to continually increasing traffic volumes, road improvements and anticipated
signal upgrades, it is now necessary and it is in the best interests of the citizens of Collier County to
improve the signals, control panels and cabinets relating to the intersections at Immokalee Drive and
SR 29, South 1 'I Street and SR 29, North 1 ,I Street and SR 29, and the northwest comer of Golden Gate
Parkway across from Tropicana Boulevard; and
WHEREAS, in conjunction with the Florida Department of Transportation the Board of County
Commissioners approved a negotiated contract for professional engineering services with the firm of
Gray, Calhoun and Associates for the design ofthese signal upgrades; and
WHEREAS, the design contract began in July of200]; and
WHEREAS, Gary, Calhoun and Associates has produced a ]00% design plan which shows the
need for additional easements for the installation of the signal improvements as depicted on Exhibit
"A" (easement legal descriptions) and
WHEREAS, the construction of the transportation improvements and related facilities currently
being designed by Gary, Calhoun and Associates along the project, as depicted on Exhibit "A," 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 of the Growth Management Plan for
Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board has determined that the signalization improvements at the intersections of SR 29 and
Immokalee Drive, at SR 29 and 1 ,t Street, and at the intersection of Golden Gate Parkway and
1683
Tropicana Boulevard (hereinafter collectively referred to as the "Project") are necessary and are in the
best interest of Collier County.
2. 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.
3. It is necessary and in the best interest of Collier County for the Board to acquire perpetual, non-
exclusive road right-of-way, drainage and/or utility easements, and temporary construction easements
within the Project corridor identified on Exhibit "A;" and County Staff is hereby authorized and
directed to acquire said right-of-way and associated easement interests by gift or purchase.
4. The Board hereby directs staff to use independent appraisal reports or internal compensation
estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-
effective manner.
5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby
formally waives the requirement for a formal, independent appraisal report for the purchase of a
property where the purchase price 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.
6. The Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of
the Project, to execute any instruments which have been approved by the Office of the County
Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required
for the acquisition of property rights necessary for the construction of the project.
7. In those instances where negotiated settlements are obtained via the "Purchase Agreement" or
"Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project
Manager of his designation, is hereby delegated the authority to approve the purchase of property
rights above the staff compensation estimate or appraised value, and pay normally related costs, when
it is in the best interest of the Project, and when the difference between the proposed negotiated
settlement amount (purchase price) and compensation estimate (or the appraised value) is less than
.Page 2-
1683
Twenty-Five Thousand and 00/100 Dollars ($25,000.00), or the current purchasing limits established
by the Collier County purchasing Department, provided, Project funding is available.
8. That the settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section l25.355, Florida Statutes.
9. The Chairman of the Board is hereby authorized to execute Easement Agreements and
Purchase Agreements which have been approved in the manner set forth in Paragraph 7.
10. Where the property owner agrees, through the execution of a "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 deeds, easements, or 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
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.
11. 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
body of Collier County, Florida, a political subdivision of the State of F]orida, and as such, staff is
hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other
instruments as may be required to remove the lien of any encumbrance from the acquired properties.
THIS RESOLUTION ADOPTED on this / J day of Q:>~ 20~ after motion,
second and majority vote. C/
ATTEST: .", ' . ,. .,
DWIGlfT, E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
C07:b
CHAIRMAN
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Approved as to form and
InU~Cie7Y: ~
Heidi F. AShton
Assistant County Attorney
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THE SOUTH 15 FEET OF THE NORTH 52 FEET OF THE WEST 5 FEET OF THE EAST 55 FEET OF
SECTION 5, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY. FLORIDA.
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PUBLIC WORKS ENGINEERING DEPARTMENT
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PERPETUAL. NON-EXCLUSIVE
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LEGAL DESCRIPTION (NOT A SURVEY)
THE NORTH 8 FEET OF THE WEST 15 FEET OF THE EAST 21 FEET OF
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TRANSPORTATION ENGlNEERlNG'DEPARTMENT.
2685 HORSESHOE DRIVE SOUTH. .
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THE SOUTH 10 FEET OF THE EAST 27 FEET OF THE LOT 23, BLOCK "A" OF THE
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PAGE 36, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
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PHONE (813) 831.8870
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2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104
(239) 659-5773
PROJECT NO..........
PARCEL NO..............
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LEGAL DESCRIPTION (NOT A SURVEY)
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PAGE 1194, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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