Resolution 2002-316
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RESOLUTION NO. 2oo2-.....ll.6.-
A RESOLUTION AMENDING RESOLUTION NO. 2002-98 AUTHORIZING
THE CONDEMNATION OF FEE SIMPLE INTERESTS AND/OR THOSE
PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY
FOR THE CONSTRUCTION OF LIVINGSTON ROAD BETWEEN PINE
RIDGE ROAD AND IMMOKALEE ROAD, CAPITAL IMPROVEMENT
ELEMENT NO. 58 (PROJECT NO. 62071).
WHEREAS, after due 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 concerns, the Board of
County Commissioners (Board), on February 12,2002, adopted Resolution No. 2002-98,
authorizing the condemnation of fee simple interests andlor perpetual and temporary
easements necessary for the construction of a six-lane section of Livingston Road
between Pine Ridge Road and Immokalee Road (hereinafter "the Project"); and
WHEREAS, further review of the Project has revealed that the County will need
to acquire through condemnation certain right-of-way necessary for the completion of
Orange Blossom Road; and
WHEREAS, the location for construction of the proposed improvements has been
fixed by survey and is represented by the legal description 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, vatious impacts upon the
environment, long range planning options, and public safety considerations, the Board
desires to exercise its tight 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 a portion of Orange Blossom Road as part of the
Livingston Road 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 in order to construct the Project as
designed, it is necessary for the Board to acquire an additional tight-of-way parcel
described in Exhibit "A," attached hereto.
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AND IT IS FURTHER RESOLVED that construction of the Project 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 Flotida
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
tights acquisition, and construction of the Project, as well as public safety and welfare
considerations associated with the design and construction of 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 desctiptions compromising Exhibit "A" attached hereto and
incorporated herein.
AND IT IS FURTHER RESOLVED that the County staff is hereby authotized to
immediately acquire by condemnation in accordance with the provisions of Chapters 73,
74 and 127, F10tida Statutes, the real property interests more particularly described in
Exhibit "A," attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that this Resolution supplements Resolution
No. 2002-98, which shall remain in full force and effect, and the adoption of this
Resolution shall in no way affect the validity of Resolution No. 2002-98.
This Resolution was duly adopted on this 30day of July, 2002, after motion,
second and majotity vote.
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Approved as to form and legal
sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
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J S N. COLETTA, Chairman
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PA~~L Jo.!o. 105 os.
LEGAL DESCRlPTION
PARCEL 2 ORANGE BLOSSOM DRlVE
Being a part of Section I, Township 4~ South. Range 25 East, Collier County, Flprida,
more parti.:ularly described as follows: '
COMMENCING at the Southeast corner of Section I, Township 49 South. Range 25 East,
Collier County, Florida; thence ruh along the 1:::ast line of said Section I, North 00 53' 28"
West, 2658.42 feet; thence run North 89025'49" West 275.13 feet for l!- POINT OF
BEGINNING; thence South 0053'28" East 72.02 feet; ,thence North 89025'49" West
1539.23 feet to a point of curvature of a curve concave to the Southeast; thence run 267.20
feet along the arc of said curve having a radius of988.00 feet, a central angle of15 029'43",
a chord of 266.39 feet and a chord bearing of South 8r49'19" West to a point of cusp;
thence fW;l South 85" 50' 36" West for 56.09 feet to a point of curvature oia curve concave
to the Southeast; thence run 65.15 feet along the arc of said curve having a radius of
1000.00 feet, a central angle of 03 043' 58", a chord of 65.14 feet and a chord bearing of
South 70002'57" West to a point of tangency ; thence run South 68010'58" West for 263.98
feet to a point of curvature of a curve concave to the Northwest; thence run 352.14 feet
along the arc ofsaid curve having a radius of900.oo feet, a central angle of22 025'04", a
chord of349.90 feet and a chord bearing of South 79023'30" West to a point oftangcncy;
thence run South 89023'58" East for 0.28 feet; thence run North 02050'06" West for 100.18
feet; thence run North 89023'58" West for 6.29 feet to a point of curvature of a curve
concave to the Northwest; thence run 313.0 1 feet along the arc of said curve having a radius
of800.00 feet, a central angle of22 "25'04", a char!! of311.02 feet and a chord bearing of
North 79023'30" East to a point oftangc:zicy; thence run North 68010'58" East for 263.98
feet to a point of curvature of a curve concave to the Southeast; thence run 132.24 feet
along the arc of said curve having a radius of 1100.00 feet, a central apgle of 06053'18",
a chord of 132.17 feet and a chord bearing of North 71 037'37" East to a point of cusp;
Thence run South 89"25'49" East for 1831.33 feet to the POINT OF BEGINNJNG,
containing 4.76 acres more or less and subj ect to easements, restrictions and reservations
of record.
Prepared By:
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Carol E. Nelson, P.A
Florida: Reg. No. 5013
June'So, 20CO
EXHIBIT
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