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Resolution 2001-450 1685 RESOLUTION NO. 2001. J5..(L A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT-OF-WAY IN FEE SIMPLE TITLE, AS WELL AS PERPETUAL, NON- EXCLUSIVE DRAINAGE AND UTILITY EASEMENTS AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADW A Y, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE IMMOKALEE ROAD FOUR-LANING PROJECT FROM COUNTY ROAD CR-951 (COLLIER BOULEVARD) TO 43RO A VENUE NORTHEAST (PROJECT NO. 60018). WHEREAS, due to increased traffic on Immokalee Road (County Road CR-846) between Collier Boulevard (County CR-951) and 43rd Avenue Northeast, it has become necessary and it is in the best interests of the citizens of Collier County to expand the capacity of Immokalee Road from two lanes to four lanes between Collier Boulevard (County CR-95 I) and 43rd A venue Northeast; and WHEREAS, in October 1999, after review of the AUIR (Annual Update and Inventory Report), the expansion of Immokalee Road from two lanes to four lanes between Collier Boulevard (County CR-951) and 43rd Avenue Northeast was added to the five year work program by the Board of County Commissioners; and WHEREAS, on May 2, 2000, the Board of County Commissioners approved a negotiated contract for professional engineering services with the firm of CH2MHill for the design of four-laning improvements to lmmokalee Road, Project No. 60018 (CIE No. 071); and WHEREAS, CH2Mhill has produced a 60% design plan which shows the need for additional right-of-way along the south side of Immokalee Road from County Road CR-951 (Collier Boulevard) to Randall Boulevard, and additional right-of-way along both the east and west sides of the existing right-of-way corridor between Randall Boulevard and 43rd Avenue Northeast, as well as the need for stormwater retention and treatment ponds at strategic intervals along the project corridor; and WHEREAS, the 60% design plan for the four-Ianing of Immokalee Road between Collier Boulevard (County CR-951) and 43rd A venue Northeast, allows for the future expansion of the facility into six lanes by the addition of two lanes within the median, eliminating the need for future right-of- way acquisition; and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by CH2Mhill 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 1685 County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. -. 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 Immokalee Road from two lanes to four lanes between Collier Boulevard (County CR-951) and 43rd Avenue Northeast is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are 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 right-of-way parcels, and stormwater retention treatment pond parcels, as well as perpetual, non- exclusive drainage and utility easements, and temporary construction and 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 pond parcels 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 of the parcel (the compensation due to the property owner) 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. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the -Page 2- 1685 appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and 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. 7. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Transportation Engineering and Construction Management Department, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand and 001100 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 where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. to. 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 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 -Page 3- 1685 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, said easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on thiSIDay of tJOUltM.~.e.R, 2001, after motion, second and majority vote. ATTEST: -. DWIGHT ~I BROCK, CLERK \\\~\\\\'H "~'I'I'" ......,,\.. rS-t. f~~~\.~~ I r~, ~.(~~''::':~.-.'" .;' "" u..i=r.~~.~ a Ill) fD.c.. . , .7:: ~-' ..'S~I'..':~;..":;. ': ~ ~Clerk A.t~lt':... t6-&..1-'c:: . S 1i!i.~1Ii-f :~.l~n S. APii~ld~.:~~ ~:and r0~A-u-u---- - Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLL.IE.RCO~A .--, By: ~ JAMES D. 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