Resolution 2000-112
88 4
RESOLUTION NO. 2000--11.2
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR
CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE, PERPETUAL
TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE
INITIAL TWO-LANE ROADWAY IMPROVEMENTS FOR LIVINGSTON ROAD FROM STATION
373+75 TO THE LEE/COLLIER COUNTY LINE, CIE PROJECT NO.2!.
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 initial two-lane construction of Livingston Road from Station 373+75 to the Lee/Collier
County Line (hereinafter referred to as Segment B), 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 May 19, 1998, adopted Resolution No. 98-165,
authorizing the County Staff to acquire by gift or purchase certain easements and/or fee simple title to the property and
property interests required and necessary for the initial two-lane roadway improvements of Livingston Road from
Imrnokalee Road (C.R. 846) to the Lee/Collier County Line, which is inclusive of Segment B & C; and
WHEREAS, the location for construction of the proposed Segment B improvements has been fixed by survey
and is collectively represented by the legal descriptions comprising Exhibit" A" attached hereto and incorporated herein.
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 Segment B 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 Segment B
initial two-lane roadway for Livingston Road from Station 373+75 to the Lee/Collier Line, (hereinafter referred to as
"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 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 impacts 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 collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and
incorporated herein. ,
Page 1
'SB
AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the
Board to acquire the various real property interests described Exhibit "A" to wit: fee simple title interests and/or
perpetual, non-exclusive temporary construction interests by easement.
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 interests 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 /~~ ,2000, after motion, second and majority
vote.
ATTEST: ":', :
DWIGHT E, B1TOCK, CLERK
s aat. u 'e
Approved as to form and
legal sufficiency:
Assistant County Attorney
BOARD oFCOUNTY COMMISSIONERS
OF COL,LiER C.OUNTY,
By: /'/~-¼,/1%~ Y ~' '
TIMgTI~ J.-C~, ~TA-NTINE, CHAIRMAN
Page 2
Hole, Montes & Assodates
Engineers / Planners / Surveyors
PROJECT: 65041
FOLIO: 001 47400000
FEE SIMPLE
[] 715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
[] 6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
[] 10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992~2327
HMA FILE #85.31
MAY 5, 1989
PARCEL 12-T
DESCRIPTION: ROAD RIGHT-OF-WAY
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39'39" W. ALONG THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF
2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 12; THENCE RUN N. 00°52'07" W. ALONG THE WEST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2631.75 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N.
00°52~07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12
FOR A DISTANCE OF 1316.77 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2
OF THE NORTHEAST 1/4 OF SAID SECTION 12 AND THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
N. 00°52~07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION
12 FOR A DISTANCE OF 1316.78 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 88°57'39" E. ALONG THE
NORTH LINE OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET; THENCE RUN
S. 00°52'07" E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF
SAID SECTION 12 FOR A DISTANCE OF 1316.73 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE
RUN S. 88°54'12" W. ALONG THE SAID SOUTH LINE FOR A DISTANCE OF 50.00
FEET TO THE POINT OF BEGINNING, CONTAINING 1.51 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°39'39" W.
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD,
SIGNED 05/30/89
HOLE, MONTES & ASSOCIATES, INC,
THOMAS J;- C~ARRIS
P.L,S, #3741
STATE OF FLORIDA
t.
NOTES:
BEARINGS .SHOWN HEREON REFER TO AN ASSUMED BEARING OF
S, 88~39~39" W, ALONG THE SOUTH'LINE OF THE SOUTHEAST 1/4 OF
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA,
SUBJECT TO EASEMENTS~ RESERVATIONS OR RESTRICTIONS OF RECORD,
PARCEL 12 PARENT TRACT LEGAL DESCRIPTION REFERENCES RECORDED IN
O,R, BOOK 1262 AT PAGES 2248 AND 2249 OF THE PUBLIC RECORDS OF
COLLIER COUNTY~ FLORIDA,
PARCEL 12-T - PARCEL TAKE
NOT A SURVEY
Hole, Montes & Associates
Engineers / Planners / Surveyors
,..,~ .........~ PROJECT: 65041
If rOT,ZO: 00147120005
[] 715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
[] 6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
[] 10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
HMA FILE #85.31
MAY 31, 1989
FEE SIMPLE
PARCEL 7-T
DESCRIPTION: ROAD RIGHT-OF-WAY
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39'39" W. ALONG THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF
2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 12; THENCE RUN N. 00°52'07" Wo ALONG THE WEST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2631.75 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N.
00°52'07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12
FOR A DISTANCE OF 658.39 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2
OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE
CONTINUE N. 00o52'07" W. ALONG THE SAID WEST LINE FOR A DISTANCE OF
30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE CONTINUE N. 00°52'07" W. ALONG THE WEST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 628.39 FEET TO THE
NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 12; THENCE RUN N. 88°54'12' E. ALONG THE NORTH LINE OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF
50.00 FEET; THENCE RUN S. 00052'07" E., PARALLEL WITH THE WEST LINE OF
THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 628.36 FEET;
THENCE RUN S. 88°52'29" W., PARALLEL WITH THE SOUTH LINE OF THE NORTH
1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A
DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.72 ACRE,
MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S, 88°39'39" W.
ALONG THE SOUTH LINE OF THE SOUTHEAST i/4 OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 05/31/89
HOLE, MONTES & ASSOCIATES, INC.
THOMAS J. GARRIS
P.L,S, #3741
STATE OF FLORIDA
NOTES:
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEA.RING OF
S. 88°39~39f' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLtIER COUNTY,
FLORIDA. ' :"
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
PARCEL 7 PARENT TRACT LEGAL DESCRIPTION REFERENCES RECORDED IN
O.R. BOOK 1103 AT PAGE 765 OF THE PUBLIC RECORDS OF COLLIER
'COUNTY~ FLORIDA.
PARCEL T-T-- PARCEL TAKE
NOT A SURVEY
DRA~NG Na
PROJECT N~
PROJECT: 65041
Hole, Montes & Associates
Engineers / Planners / Surveyors
EXHIBIT_{ _
FOLIO: 00146920002
[] 715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
[] 6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481.1015
[] 10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
HMA FILE #85.31
MAY 30, 1989
FEE SIMPLE
PARCEL 1.06-T
DESCRIPTION: ROAD RIGHT-OF-WAY
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39'39" W. ALONG THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF
2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 12; THENCE RUN N. 00°52'07" W. ALONG THE WEST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1315.88 FEET TO THE
SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 12 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE CONTINUE N. 00°52'07" W. ALONG THE SAID WEST LINE FOR
A DISTANCE OF 1315.87 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4
OF SAID SECTION 12; THENCE RUN N. 88°50'46" E. ALONG THE NORTH LINE OF
THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET;
THENCE RUN S. 00°52'07" E., PARALLEL WITH THE WEST LINE OF THE SOUTHEAST
1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1315.79 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 12;
THENCE RUN S. 88°45'12" W. ALONG THE SAID SOUTH LINE FOR A DISTANCE OF
50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.51 ACRES, MORE OR
LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°39'39" W.
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 05/31/89
HOLE, MONTES & ASSOCIATES, INC.
THOMAS J. GARRIS
P.L.S, #3741
STATE OF FLORIDA
EXHIBIT
S' 88'~39" W. ALONG THE SOUTH LINE OF THE SOUTHEAST -1/4 OF
$EOTION 12~ TOWNSHIP 48 SOUTH~ RANGE 25 EAST~ OOLLIER OOUNTY~
FLORIDA.
$UBdEOT TO EA$EME~S, RESERVATIONS OR RESTRIOTIONS OF
PAROEL 1.06 PARENT TRAOT LEGAL DE~ORIPTION REFERENOES REOORDED IN
O.R. BOOK 1112 A~ PAGE ~ OF THE PUBLIO REOORD~ OF OOLLIER
OOUNTY~ FLORIDA.
PAROEL 1.0~T - PAROEL TAKE
NOT A SURLY
EXHIBIT
Page, ,"I of
PROJECT: 6 5 04 1
FOLIO: 001 47960003
-~-~
oo
moo
TEMPORARY
UNE N.1/2, SE,1/4, NE.1/4, NW. 1/4
SEC. 12 - 48 - 2.%
00'50'22" E 329.35'
N 00'52'07" W 299.23'
S 00'52'07" E299.22'
25 .... l
S 00'52'07" E299.19'
E. LINE N/W 1/4
SEC. 12 - 48 - 25
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CONSTRUCTION EASEMENT~ 8~
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