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Resolution 2003-371 16B4"~ RESOLUTION NO. 2003- ~ A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF A FEE SIMPLE INTEREST IN THE PROPOSED RIGHT-OF-WAY AND/OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD FROM POLLY AVENUE TO COLLIER BOULEVARD (CR 951). (CAPITAL IMPROVEMENT ELEMENT NO. 77, PROJECT NO. 60169). WHEREAS, the Board of County Commissioners (Board), on November 19,2002, adopted Ordinance No. 2002-60 therein establishing the 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; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2002-60; and WHEREAS, the four lane section of Rattlesnake Hammock Road from Polly A venue to Collier Boulevard (CR 951) (Project No. 60169) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by Agnoli, Barber & Brundage along the project corridor, 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: 1. The Board has determined that the expansion of Rattlesnake Hammock Road from two lanes to four lanes between Polly Avenue and Collier Boulevard (CR 951) (hereinafter referred to as "Project") is necessary and is 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. 1 -. 684.. 3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary construction easements, and temporary driveway restoration 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 staffto use independent appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Proj ect 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 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. 6. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Transportation Division staff is hereby directed to offer immediate delivery to the respective property owners of compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents andlor 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 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. 7. In those instances where negotiated settlements may be 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 ofland interests above the staff 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 -Page 2. 16 B 4 ...~ parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than 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 125.355, Florida Statutes. 9. The Chairman 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. 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 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 l25.355, Florida Statutes. ll. 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 Florida, 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 Z ~thday of l"X..tDw . 2003, after motion, second and majority vote. ", . .~ ',-:'",,: L.:; I' \', II ATTEST. '. ,/,). " DWIGHT ~: .BRodt; &i$RK . . '.' ",' - . ; ....:~:i\' By: \0 "~<~~' ~~" .:c :; ,D,L. ~ ,". '0',"" ".. rk AttlHt a!th'J'lMR S APlWbtgd~aSCVb~ld~ ~~d lettf~ienJ ^- Heidi F. A~hton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY FLORIDA .Page 3- 10/30/2003 16:46 FAX 2396595771 TRANSP RTGIIT/WW I4J 002 1684 EXHffiIT "A" RA ITLESNAKE HAMMOCK.ROADCORRmOR MAP {FROM POLLY AVENUE TO COLLIER BOULEVARD) (RIGHT -OF-W A Y ACQUISITION ~ -- POLLY AVE. CORRIDOR WITHIN BOLD BOUNDARY) r RATTLESNAKE HAMMOCK ROAD - .. ST ANDREWS BLVD. ~ . LEL Y GRAND BL YD. . ~ ~ COLLIER BOULEVARD