Resolution 2000-144
16810
RESOLUTION NO. 2000 - ~
A RESOLUTION AUTHORlZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE
SIMPLE TITLE INTEREST FOR THE CONSTRUCTION OF THE IMMOKALEE ROADIRANDALL
BOULEVARD INTERSECTION IMPROVEMENT PROJECT, CIE NO. 72.
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 Immokalee RoadlRandall Boulevard Intersection Improvement Project are component parts of the
Transportation Element of the County's Comprehensive Plan; and
WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety
and welfare considerations have been reviewed as they relate to the implementation of said transportation improvements;
and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to
maintain flexibility over the acquisition of property rights required for the construction of the Immokalee Road/Randall
Boulevard Intersection Improvement Project, hereinafter referred to as "Project" as identified on Exhibit "A" attached
hereto and incorporated herein by reference; and
WHEREAS, the design and construction of said transportation improvements and related facilities have been
determined by the Board to be necessary and in the best interest of Collier County; and
WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project
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 requrrements of the Growth Management Plan for Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, that:
I. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final
adopted location of the transportation improvements and related facilities.
2. The fee simple title acquisition identified on Exhibit "A" is the most feasible location, both necessary and
consistent with the project requirements, in order to permit the construction and maintenance of the transportation
improvements and related facilities for the Immokalee RoadIRandall Boulevard Intersection Improvement Project, eIE No.
72.
3. The Board has determined that the construction and maintenance of the Immokalee RoadlRandall Boulevard
Intersection Improvement Project and related facilities are necessary for a public purpose and is in the best interest of
Collier County.
4. 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.
-Page 1-
16810
5. It is necessary and in the best interest of Collier County for the Board to acquire the fee simple title identified in
Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive,
fee simple title on the property identified in Exhibit "A".
6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal frrm(s)
selected from the list of frrms pre-qualified by the Board of County Commissioners. The Board further directs staff to use
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.
7. The Board, in accordance with the provisions of Chapter 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 001100 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.
8. 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 appraisal or staff compensation estimates in accordance
with the provisions ofehapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective
easements, or deeds and such 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 ehairman 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 fee simple title.
9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement
Agreement" mechanism, the Director of the Public Works Engineering Department, or his designee, is charged with the
responsibility for completion of various capital improvement projects, and 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
Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits established by the Collier County
Purchasing Department; provided, Project funding is available.
10. 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.
11. 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.
12. Where the property ownef agrees, by sworn affidavit Of agreement ("Purchase Agfeement" or "Easement
Agreement"), to convey a necessary intefest in real property to the County, and upon the proper execution by the property
-Page 2-
16810
owner of those easements or fee simple title, and 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.
13. 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 eollier eounty,
Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any
encumbrance from the acquired properties.
THIS RESOLUTION ADOPTED on thisJL"'tay of '"7'1 c;r
,2000, after motion, second and majority
vote.
By:
SSIONERS OF
TY, FLORIDA
",.' '.',:'":''' "'."""
,,' WEST'" "",
",,':';;, DWIGHT E.ii~dcK, CLERK
- ;: . ~::;;0/:::) :.}:. \ .'
.~~
Attest as .to .C~a1naan's
S1gnat!ir~onl).
,.
TIM
^---
-Page 3-
I
EXHIBIT ..:a::..
Page , of 2..
Wi_Miller
NtIw DhdlGrIIIn ,...,...., DMIan" 6"""
PROJECT:
60171
F"e ~lY\p\e- ~t'tOt
PARCEL:
101
Description ofpan of Section 22, Township~8 South, Ranp 27 EJ'OL IO:
Collier County, Florida
(Ri&ht of Way TUiDz)
00210440007
1681
AJllbat put of Section 22, Township 48 South, Range 27 East. Collier County, Florida being more particularly dcsc:ribcd as
follows:
CommcIlI:iDg at the southeast comer of Section 22, Township.. South. Itlmp 27 East;
thence a10ag the east line of said Section 22, South 00"00'02" West, 11.83 feet to . point SO feet north of and parallel to lhe
north line of Golden Gate Estates, Unit 23 as recorded in Plat book 7, Pq;e 9, Collier County Public Records and a point on the
north One of Randall Boulevard; ...
thence along the north line of Randall Boulevard North 88"09' J 1" West, 1241.60 feet to the Point of BeginaiDg of the parcel
hcreiD described;
thence continuing along said line North 88"09' J J" West, 386. J 7 feet to a point of curvature;
thalce leaving said north line northwesterly 133.90 feet alOftg the IIfC of a tanpa.tial c:ircular C\II'Ve concave easterly, havinl a
radius of30.00 feet through a cc.nttai an&le of 153"26' 17" UJd bcinl subtcDdcd by a chord whicb bears North 11 "25'5S" West,
97.33 feet to a point OD the soutbeastaiy right-of-M)' line ofl~~cc R.oIId;
tbcncc aJoac said soutbcasterly ript-of-way line aortbcasfcrly 219.64 feet alonl the IfC of. circular curve concave
aorthwatcrly, having a radius of2914.92 feet through a central angJe of 04019'02" and being subtcnded by a chord which bears
North 63"0741", East 219.S9 feet;
thc:Dc:c leaving said line South .S"39'16" West, 20.85 feet;
thc:Dc:c South 27"S7'S5" East. 40.78 feet; .
tbcDcc soutbl:asCcriy 15..34 feet along the IfC oca acm-tangcntial circular curve concave I1CII1bcuCerly, havina. ndius of242.oo
feet through. CCDtnI angle of 60"13'02" and being subII:odcd by I chord which bears South 58"04'22" Eat 242.79 feet;
tbc:Dce South 01049'05" West, 28.12 feet to a point 011 tbc uonb line ot R.aIldal1 Boulevard IDlI Point ofBqinDing of the parcel
hcreiD described. .
Subject to CUClD!=1S IDlI rcstrictioas of record.
Pu1:d coatains J.OO acres more or Icss.
Bearia&s arc bued on the north line of Randall Boulevard, being North 88"09'11- West.
,.
Cc:difiCltc of authorizldon 'LB-43.
WD.SON, MD..LER. BARTON & PEEK, INC.
R.egistcn:d F.asineCn aDd Laad SUJ'YC)'OrS
J ~ 41J
E. Boutwell. P8M 3934
authorization LB-4#43.
UIllcss embossed with the Profcssiooal's seal.
Ref. 3GG-Sl5
W.O.: 6.5000-002..Q02-FLHRW
Date: FEBRUARY 21:2000
....
~"I"""'.I~
....
---..
_.pl.. F"rt .,.... S.,...t. BT."..t.. T..p.
32fX) Bailey Lane. Suil8 200 Nap/6s, Florida 34105-8507 941-649-4040" 941-643-5716.
_...."mUfIr.- =
Wilso"JIIUM.Jnt:. - FL Lit;.' LC-CDtIOI70
EXHIBIT X
PeQe~~
i Ililll! i 11I111! i 111111!
1 l1i)JI 1 l1i)n ~ )h)U
r II J \ 1 .
I i!l\ I ~J.i :.~ ~I\
, t;:i ~ \ ID f~ . ~\I~ i..
.! tall 1 !~.i u; llil l
! t Iii' I !:II III tlil .
t ! i~~~ : h:sJ1tj! d~! r
I I wit! ; il\1 t.. i li~l I
i 11.:1 1111IlV' I '11111 I
i ill!!' JII!lm!t! Id!lili!: xii J
\ WI. \11111fl 1 1!2fl;lll~ II! !,
~~ l~l!~ ~mIJll!fll(m!!!i Iii I!I I!
III :,Ib!blllllilmfhHmlt illJI! t!
; I
I ...
~
.
i
!
I
~ z
~:! ~
II~ i
~
I
i
I
i
I
~ .
& ~I
w --J~
~I I;
...
I: Ii
16810
i
fi ~ ~.!
:! ~h
..i! c ~lIq
.~.!Q il~
J ~ i5~!
~ ~ ~~~I
i