Resolution 2001-028
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RESOLUTION NO. 2001- 2'
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 oftransportation 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 tantamount
to the full compensation required for the purchase or condemnation of the fee simple estate in
property (between 90% and 100% 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 RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that in consideration of long 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 staffis 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.
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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 of the 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 project, 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 thi~ay of ~ ,2001, after motion, second
and
majority vote,
, " 'ATTEsT::.'::o,"'.
./ DWIGJfT,B:~ROCK, CLERK
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'J,., .~'. IJ, Deputy Clerk
Attest~.to Ch.t,....'.
signatUre oah.
Approved Ilk form and
legal sufficiency
Jit4r,to~ kv--
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNT Q DA
Chairman
By:
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