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Resolution 2002-036 16E2 RESOLUTION NO. 2002-~ 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 a right-of-way by either gift, purchase or condemnation; and WHEREAS, the 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 tantamou~ the full compensation required for the purchase or condemnation of the fee simple estate in property (between 90 percent and 100 percent of the fair market value of the lands so appropriated, depending upon the property's zoning 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 oflong-range planning and present-day costs for transportation improvement projects, and in the interest of exercising the maximum degree of control over the public road right-of-way which may allow the County to realize substantial savings by locating future public works projects within the acquired area, County staff is hereby directed to purchase or condemn road right-of-way in fee simple as the preferred method of exercising maximum control over the right-of-way in order to construct any anticipated capital improvement projects. AND IT IS FURTHER RESOLVED that in those instances in which the purchase of a full fee simple estate cannot be negotiated by County staff, and the costs associated with a condemnation Page 1 ... "r 16E2 .'~ ofthe full fee simple estate may outweigh the future benefits contemplated by full County ownership of the right-of-way, and when the owner of the property is willing to convey a perpetual, "non-exclusive", road right-of-way easement over, under, upon and across the property in compliance with the requirements of the transportation improvements, along with the right to construct and install subordinate utility and drainage improvements, together with access and temporary construction easements, County staff may negotiate a reasonable settlement for the purchase of said "non-exclusive" easement, subject to Board approval. AND IT IS FURTHER RESOLVED that, notwithstanding the future benefits to be derived by the County arising from a fee simple acquisition of the public right-of way, there exists those circumstances where the severance damages to remaining lands, as a result of the taking of the fee simple estate for the transportation proj ect, is of such an extent as to warrant the purchase or condemnation of a lesser estate in the form of an easement interest in order to mitigate or eliminate such damages; and in such instances 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. THIS RESOLUTION ADOPTED on thi,~ day oh 2002 aft" motion, ,,,ond and majority vote. ,...t,~~~~' :1~;\!'r/,%. Al\r".,.I."..... ..J. ...;~ l)\yf!i1i'!:,E. I3~~~ CLERK i~~~14~ ~,~, - ~. ". --- , ' ',~ty CI~rk :. '. ,', \.,c'., .. .~. ". ~ "'~~.........' ';r: ,.,' ,~' S f:...... iM"t4t.. tl'llln' s 1II"-vlm"'tVl J,. Approved as to form and legal sufficiency: By: BOARD OF COUNTY COMMISSIONERS OFCO~~~ Chairman IdA.,4. ) ~ Heidi F. Asliton Assistant County Attorney Page :2 ""I ,;