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Resolution 2002-463 lUb RESOLUTION NO. 2002---4..6.3 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT -OF- WAY AND STORMW A TER RETENTION 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 VANDERBILT BEACH ROAD SIX-LANING PROJECT (PROJECT NO. 63051). WHEREAS, due to continually increasing traffic volumes on Vanderbilt Beach Road, it is now necessary and it is in the best interests of the citizens of Collier County to expand the capacity of Vanderbilt Beach Road from two lanes to six lanes between Airport-Pulling Road and Collier Boulevard (CR-951 )(hereinafter the "Project"); and WHEREAS, in October 1999, after review of the AUIR (Annual Update and Inventory Report), the expansion of Vanderbilt Beach Road from two lanes to six lanes between Airport-Pulling Road and Logan Boulevard and from two lanes to four lanes from Logan Boulevard to Collier Boulevard (CR-951) was added to the five year work program by the Board of County Commissioners; and WHEREAS, on May 8, 2001, the Board of County Commissioners approved a negotiated contract for professional engineering services with the firm of CH2MHill, Inc., for the design of six- laning improvements to Vanderbilt Beach Road from Airport-Pulling Road to Logan Boulevard and four-laning improvements from Logan Boulevard to Collier Boulevard (CR-95l), Project No. 63051 (crn No. 24); and WHEREAS, on November 5, 2002, the Board of County Commissioners will approve a Supplemental Agreement with the firm of CH2MHill, Inc., for the design of six-laning improvements to Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard (CR-951), Project No. 63051 (Crn No. 24); and WHEREAS, CH2MHill, Inc., has produced a 60% design plan which shows the need for additional tight-of-way within the right-of-way acquisition corridor depicted on Exhibit "A;" and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by CH2MHilI, 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. 1 Oa 'I 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 Vanderbilt Beach Road from two lanes to six lanes from Airport-Pulling Road to Collier Boulevard (CR-95I ) is necessary and is in the best interests of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities 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 interests 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 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, Flotida 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 .Page 2. lOa 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 Twenty-Five Thousand and OO/lOO 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, Flotida 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. THIS RESOLUTION ADOPTED on this .5!b day of ~t\.u-, 2002, after motion, second and majority vote. ,,\1'''''"1 ..".-:~;~~. ~.?!:~i'~.>... /Ii.,~~._-,~>,.~\..., : ~wtf#F'E;"'~O~, CLERK ?~ ':-:'~ ."0":<,'\0:.,.,:_ $I' ,J:; ;q. ,~ }^".,;JJo" ,',- ~('~.~. "/.. <~~ '" Pc:!.... . ." Clerk Attest .1 to Cha1,..".s s1gnature on1}. Approved as to form and letrfficienf h -Ai / ~ Heidi F. As'tlton Assistant County Attorney S N . COLETTA., CHAIRMAN I j /5/02 By: JA -Page 3- ; ~ ~ ~ NoT.a z ..- / -Qllt-_...... '.1 i I (C.L J'l i ~ II U Ii P(!.lCAM .- ~ J avo_ 110'_ " Hi II ...-s_ ..... i I ~ I ; .. ~ l! III lil B a I . I I I !; ~ . ~ a ; i 2 w ~ B . R .. I ! ~; . sal! R ~ I i III I I _ c:ow: ; I! is .. ~ fl u ; = ~ ~ a i I ~ l! .. .. .. B . a c.1.". ; i; I! .. i .. !3 a "",.o,WOClll ~ ; I i I ! i -NOT A SUR\.EY- PllQ.f:CT NO.. 83051 'AllCQ. NO. . CUCNT, Wil.Mille,..A- nu, _............... .-.-..~_.~- .....""~=..a:-... DOTE, ....,.........--.--."'-.--- roIMlOR Ocl 21. 2002 - 08: 40: 12 JNOP'ERlx: \SUR\04224\VANOV\ll373.dwg COLLIER COUNTY OEPAR'TMENT OF TRANSPORTATION eXHIBIT "A. VAM:eW.. T Bll!!ACH FfOAO 8X-LIWINO CCIIIlADClI/9 "OJECT NO.: 'M.E NO.: 04U4-ooo-<<JO 1L -373