Resolution 2002-442
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RESOLUTION NO. 2002- ~
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFf OR PURCHASE OF
RIGHT-OF-WAY AND STORMWATER RETENTION AND TREATMENT POND SITES
IN FEE SIMPLE TITLE, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-
OF-WAY, DRAINAGE AND/OR UTILITY EASEMENTS, AND TEMPORARY
DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION
EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE SANTA
BARBARA BOULEVARD PROJECT FROM DA VIS BOULEVARD TO PINE RIDGE
ROAD (PROJECT NO. 62081).
WHEREAS, due to continually increasing traffic volumes on Santa Barbara Boulevard, and
due to the pending six-Ianing of Golden Gate Parkway, and due to the new interchange soon to be
constructed by the Florida Department of Transportation at the intersection of Interstate 1-75 and
Golden Gate Parkway, it is now necessary and it is in the best interests of the citizens of Collier
County to expand the capacity of Santa Barbara Boulevard between Davis Boulevard and north of Pine
Ridge Road (the "Project"); and
WHEREAS, in October 1999, after review of the AUm (Annual Update and Inventory
Report), the expansion of Santa Barbara Boulevard from four lanes to six lanes between Davis
Boulevard and Pine Ridge Road was added to the Capital Improvement Element by the Board of
County Commissioners; and
WHEREAS, on September 12, 2000, the Board of County Commissioners approved a
negotiated contract for professional engineering services with the firm of WilsonMiller, Inc., for the
design of six-Ianing improvements to Santa Barbara Boulevard / Logan Boulevard from south of
Radio Road / C.R. 856 to north of Pine Ridge Road / C.R. 896, Project No. 62081 (CIE No. 56), on
February 13,2001 the Board of County Commissioners approved Amendment Number One to extend
the project limits from south of Radio Road / C.R. 856 to Davis Boulevard/S.R. 84; and
WHEREAS, WilsonMiller, Inc., has produced a 60% design plan which shows the need for
additional right-of-way as depicted on Exhibit "A;" and
WHEREAS, the construction of the transportation improvements and related facilities
currently being designed by WilsonMiller, Inc. 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.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the expansion or modification of Santa Barbara Boulevard from
Davis Boulevard to north of Pine Ridge Road is necessary and is in the best interest of Collier County.
2. The construction and maintenance of the transportation improvements and related facilities,
such as stormwater retention ponds, is 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 fee simple
parcels, as well as perpetual, non-exclusive road right-of-way, drainage and/or 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, stormwater retention pond sites, 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
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108
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 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 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.
116
THIS RESOLUTION ADOPTED on this~ day of [xr;[(;.13EI2-, 2002, after motion,
second and {Wj~t~ vote.
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Attest as to Cha1~n's
st9llltur. only.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
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JAMt(s N. COLETIA, CHAIRMAN
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