Resolution 1999-058
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RESOLUTION NO. 99- 58
A RESOLUTION OF TilE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY. FLORIDA DECLARING THAT A FEE SIMPLE INTEREST IN REAL
PROPERTY IS TilE PREFERRED INTEREST SOUGHT FOR TilE ACQUISITlON
OF RIG!H-OF-\VA Y FOR TRANSPORTATION CAPITAL IMPROVEMENT
PROJECTS, AND SETT(NG FORTI! TilE RATIONALE THEREFORE.
WI! EREAS. the construction of transportation improvements. as identi lied in the
Transportation Element of the Comprehensh'e Plan for Collier County. shall in many instances
require the acquisition of a right-of-w,,>, by either gill, purchase or condemnation; and
WIIEREAS, lhe right-of-w"y for transportation improvements may be purchased or
condemned either as an casement o\"er, under. upon and across lhe land; or the fee simple interest
in the land itself may be purchased or condemned; and
WHEREAS. full compensation. as required by the Constilution of the State of Florida,
for the casement rights purchased or condemned for transportation impro\'ements is tantamount
to the full compensation required for lhe purchase or condemnation of the fee simple estate in
property (hetwecn 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 impro\'ements pro\'ides the County with a degree of control o\'er the
right-of-way which is superior to the control afforded by an casement only, and which, in many
instances. may produce cost savings on future public works improvement projects by ~aining the
maximum flexibility o\'er the uses pennilled in the right-of-way so acquired.
NOW TIIEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERSOF COLLIER COUNTY, FLORIDA Ihat in consideration of long range
planning and present day eosts for transportation improvement projects, and in the interest of
exercising Ihe maximum degree of control over the public road righl-of-way which may allow
Ihe County 10 realize substantial savings by locating future public works projects within the
acquired area, County staff is hereby directed to purchase or condemn a transportation road
right-of-way in fee simple as the preferred method of exercising maximum control over the
right-of-way in order 10 construct ;my anticipated capital improvement projects.
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AND IT IS FURTHER RESOLVED that in thosc instances in which the purchase ofa
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full fee simplc cstate c.mnot bc negotiatcd by County siaff, and the costs associated with a .
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condemnation of the full fee simplc eslate may outweigh thc future benefits contemplated by full
County ownership of the right-of-way, and when lhc owncr ofthc property is willing to convey a
perpetual, "non-exclusive", road right-of-way cascment over, under, llpon and across the property
in compliance with thc requirements of the transportation improvements, along wito the right to
construct and install subordinatc utility and drainage improvements, together with access and
tcmporary construction casements, County staff is directed to ncgotiatc a reasonable settlement
for thc purchase of said "non-exclusive" casement, suhject 10 Board approval. in lieu of
proceeding with an action in eminent domain against the subject property.
AND IT IS FURTHER RESOLVED that, notwithstanding the future benefits to bc
dcrived hy the County arising from a fec simplc acquisition of the puhlic right-of-w.IY, there
exists thosc circumstances wherc the scverance damages to remaining lands, HS a result of the
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taking of the fee simple cstatc for the Iransportation project. is of such an extcnt as to walTant the
purchase or condcmnation of a Icsser cstate in thc fonn of an eascmenl interest in order to
mitigate or eliminate such damages; and in such instances County stafns hcrcby directed to
undertakc such analyses of futurc bcnefils vs. current costs as arc relcvant to thc determination as
to the spccific interest in real property the County.should acquirc for the instant project, and
County staff may make such purchase offers. or prepare such pleadings in eminent domain, as
may be necessary to mitigate or eHminate severancc damages, and reducc total project cost.
THIS RESOLUTION ADOPTED this~day of ~
, 1999, after motion, second and
majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
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- , Deputy Clerk
:igtneStt is to Cha!r~an's
a tlre only,
Approved for form and
legal sufficiency.
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(,.,If (rf', 1/ ,
Heidi F. Ashton
Assistant County Allomey
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By,~~~B~ R~~
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