Resolution 2002-312
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RESOLUTION NO. 2002 - 312
A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE TITLE
INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT
INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE FOUR-LANING
ROADW A Y IMPROVEMENTS TO IMMOKALEE ROAD (CR-846) BETWEEN
WILSON BOULEVARD AND CR 951 / COLLIER BOULEVARD (PHASE 2 OF
CAPITAL IMPROVEMENT ELEMENT NO. 71 / PROJECT NO. 60018).
WHEREAS, the Board of County Commissioners (Board), on May 9,2000, adopted Ordinance
No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) 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. 2000-32; and
WHEREAS, the four-laning improvements to Immokalee Road (CR-846) between CR 951
(Collier Boulevard) and 43rd Avenue NE (Project No. 60018) is one of the capital improvement projects
required under the Transportation Element of the County's Comprehensive Plan; and
WHEREAS, Project No. 60018 has been split into two (2) phases, with Phase 2 encompassing
roadway expansion between Wilson Boulevard and CR 951 / Collier Boulevard; and
WHEREAS, the location for construction of the proposed Phase 2 improvements has been fixed
by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of 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
the Phase 2 four-laning roadway improvements to Irnmokalee Road between Wilson Boulevard and CR
951 / Collier Boulevard (hereinafter referred to as "the Project") 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 construction of the Project is part of the County's long
range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan
for Growth Management, as approved by the Florida Department of Community Affairs.
AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for
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
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the project, and various impacts to the environment, and the Board finds that after consideration of these
issues, the most feasible location for construction of the proposed improvements is collectively
represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that the location of stormwater treatment ponds has been
determined based on hydraulic and operational characteristics, maintenance considerations and
minimization of wetland impacts. Each and every pond site within the project limits, as determined
according to the above-described engineering analysis, was further reviewed and each pond was carefully
configured on each affected property so as to minimize damages and negative impacts to the remaining
real estate.
AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is
necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee
simple title interests and/or those perpetual or temporary easement interests.
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately
acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127,
Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A",
attached hereto and incorporated herein.
AND IT IS FUR THER 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.
This Resolution adopted on this c25 ~ day of ~tJ i...
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Heidi F. ~1itton
Assistant County Attorney
, 2002, after motion, second
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