Resolution 2001-370
168 8
RESOLUTION NO. 2001- 370
A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION OF A FEE
SIMPLE INTEREST IN REAL PROPERTY REQUIRED FOR THE CONSTRUCTION OF THE
BALANCE OF THE LIVINGSTON ROAD PHASE 2 IMPROVEMENTS FROM GOLDEN GATE
P ARKW A Y TO NORTH OF PINE RIDGE ROAD.
WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted
Ordinance No. 99-14 therein establishing the 1999 (Eighth 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. The
Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 99-13;
and
WHEREAS, the six-Ianing improvements to Livingston Road from Golden Gate Parkway to
north of Pine Ridge Road (hereinafter referred to as the "Project") is one of the capital improvement
projects required under the Transportation Element of the County's Comprehensive Plan; and
WHEREAS, the Board of County Commissioners, on November 28,2000, adopted
Resolution No. 2000-446 authorizing the County Staff to acquire by condemnation certain
easements and/or fee simple title to the property and property interests required and necessary for
the six-laning roadway improvements to Livingston Road from Golden Gate Parkway to north of
Pine Ridge Road; and
WHEREAS, the location for construction of the proposed improvements has been fixed by
survey and is represented by the legal description attached hereto as Exhibit "A" 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 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
168 8
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, various irnpacts to the environmental, public safety and welfare
considerations associated with the design and construction of the project, and the costs associated
with the design, property rights acquisition, and construction of the project; and the Board finds that
after consideration of these issues, the most feasible location for construction of the proposed
improvements is represented by the legal descriptions attached hereto as Exhibit "A" and
incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is
necessary for the Board to acquire a fee simple interest in that certain real property described in
Exhibit "A."
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 interest more
particularly described in Exhibit "A," attached hereto and incorporated herein.
AND IT IS FURTHER 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 ~'t: day of SII p~
,2001, after motion,
second and majority vote.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
DWIGHf E. BROCK, CLERK
OF COLLIER COUNTY, FLORIDA
By ~-
JAMES . CARTER, Ph.d., CHAIRMAN
'"
,~~. C~<'r,'~; ",
I/~~;~"" ..... '" ,'i';'
lt~~~.Q..
~U~.t.. ~h' .
~,lIl'I'bM. _'fy'r ,0''''''' I
~'.... :--. ~'f!l'. .":
Apj;V;~Ved..~~,!p..f"lm and
legal s'LitflCtetlcy:
,jk OJ~
Ellen T. Chadwell
Assistant County Attorney
Page 2
PROJECT NO.:
PROJECT PARCEL NO.:
TAX PARCEL NO.:
TIC SDJftf... IlJ' lWl
IIOlfMAST CUMlDt C1f
Rc;roc1!-41-a
..J
.:
..:
~
..J
~
~
~
c
..J
<
Cl
~
<
o
a:
./
~
o
o
;;-
(I)
Q.
<
~
~
aJ
;;;
c;;
~
en
62071
101A
8 ~
a M~
!i
~
-
(d'.11tJIX41Q If.4cr.12)
~~ .
p .
;
'n"!
......'
~
lil
580'3,'13"E
245.1i'
h
~~
111; ~ GlIal' r
(0Jt au m4 ,Mil JlJ)
.
"
i
~~~
-.-
--........,
N89'J-4'lJ~W
,02' POINT OF COMM NCEMENT
IASl.H' '" .. JIf+.U."7 1
P'QlNO ...t(. NAIl. . DfW,; ".CoP', 2M2
,.. tClJTHUSf (DM]II
lJI 1M: NOlnt1[AI'T QUM~
($ SCTION 11-4t-1I.
SOO~"Q1.l!:
O.~2'
, .~.
2"~.02'
CtJMMTY sam.
(DJt mx 2SU. PIlE JIQ)
d ~
,
::!
;...
"
8 0:::_'
~
(O~~mJ :11
d ~~
~ I l
~
PARCEL IOtA
6.865 ACRfS, ,/-
8
+
~
Ctf/IIlNTY .sam.
(OL i!Il'D 1_ PU J250J
Ii
~
I
8
~
CtJMMTY 5t'HOl1
(U. IUIt 1ClW. fl. '"J
N8gll.~~rW
:J:
~
I~
~
8
.t
::;
~~'~
Bo"y E. ~n (For . F;.m LB1642)
ProfoslonGl Land Surveyor
F1or1do Certlrrcoto No, 5365
Doto SIgned: "''' ~ I ~ 0'" \
Not \IOIld wlth~oturo and tho original .oloed
_\ of a F10rkla Llcon.oiI SU......)OI' and lotopper.
o
1
I
Ol
PINT OF BEGINNING
ElDIl!DGE:
(l1A.lJt/atJ:5.l PArz..)
d
..!.
'" .."""
ltOft-or-WA'l' ~
Ii!
KAUFIIAN
(0<""''''' - m!) -$'''~
~.g:..,
~1
aarn.lIRr.IIof~
/.Ala
(Dr. JOPr '7,,\ PN;c 1m)
x~
B~
t
NIlS
(OA. JlXk 1'3J. ,.. '1lIJ)
.
~
i
!
h
..!.
"
~
Ii!
GRAPHIC SCALE
2~
( IN FEET )
1 inch = 200 n.
NOTES:
1. THIS IS NOT A SURVEY.
2. BEARINGS SHOWN HEREON ARE BASED ON
THE E,A,ST LINE OF SECTION 12 WHICH
HAS ,A, BEARING OF S. 00' 7'27" E.
3. SUBJECT TO EASEMENTS, RESERVATIONS
AND RES'ffiICTIONS OF RECORD.
4. NOT \lAUD 'MTHOUT SHEET 2 OF 2.
LEGEND:
F,P.L. INDICATES FLORIDA POWER .I< LIGHT
O.R. INDICATES OFFICIAL RECOROS
P.K, INOICATES PARKER-KALON
P.C.P. INDICATES PERMANENT CONTROL POINT
SKETCH AND DESCRIPTION
SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY. FLORIDA
9-01
JO
1OF2
PROJECT NO.: 62071
PROJECT PARCEL NO.: 101A
TAX PARCEL NO,:
EXHIJIT -A-
Page 'Z tJf....L-
DESCRIPTION: PARCEL 101A
A PARCEL OF LAND LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, AND RUN NORTH
89034'13" WEST ALONG THE SOUTH LINE OF THE SAID NORTHEAST QUARTER
OF SECTION 12, A DISTANCE OF 30.02 FEET TO AN INTERSECTION WITH THE
WESTERLY LINE OF A 60 FOOT RIGHT-OF-WAY; THENCE RUN SOUTH
00'51'01" EAST AND PARALLEL WITH THE EAST LINE OF SAID SECTION 12, A
DISTANCE OF 0.52 FEET; THENCE RUN SOUTH 00'17'27" EAST AND
PARALLEL WITH SAID EAST LINE OF SECTION 12, A DISTANCE OF 99.64
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'17'27"
EAST AND PARALLEL WITH SAID EAST LINE OF SECTION 12, A DISTANCE OF
1220.57 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 12;
THENCE RUN NORTH 89032'42" WEST ALONG SAID SOUTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, A
DISTANCE OF 245.02 FEET TO AN INTERSECTION WITH THE EAST LINE OF A
125 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE RUN
NORTH 00017'27" WEST ALONG SAID EAST LINE OF THE FLORIDA POWER AND
LIGHT COMPANY EASEMENT AND PARALLEL WITH SAID EAST LINE OF
SECTION 12, A DISTANCE OF 1220.49 FEET; THENCE RUN SOUTH 89033'50"
EAST, A DISTANCE OF 245.02 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 6.865 ACRES OF LAND, MORE OR LESS.
~
c
..J
<
Cl
~
<
o
~
o
o
(II
Q.
<
~
~
aJ
;;;
c;;
OJ
en
:J:
~
SKETCH AND DESCRIPTION
SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
o
I
\'
OJ
...........
9-01
201'2