Resolution 1998-029
8 B' 1
RF.SOI.UTIO~~O. 98-~
A RESOLlHIOS AUTHORIZING THE ACQUISITION OF LAND flY GIFT.
rCRCIIASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS
:\:'\;f)OR PERPETUAL. 1\ON-EXCLUSIVE. ROAD RIGIIT-OF-WA Y.
SIDEWALK. SLOPE. UTILITY. DRAINAGE. MAINTENANCE AND
lL\IPORARY CO:\STRUCTION INTERESTS BY EASEMENT FOR THE
CO:\STRlrTIO~ Or- TilE FOLJR-LA~rNG ROADWA Y 1~IPROVE:V1ENTS FOR
L1\'I:\GSTO:\ ROAD PROJECT BETWEEN GOLDE:\ GATE PARKWAY fC.R.
XS(I} AND RADIO ROAO (CR. l:;56). CIE NO. 053; ANO REPEALING
RFSOLUTIO:-.l en.J5!),
WHEREAS. the Board of County Commissioners. on Octoher 28.191)7. adopted Ordinance
No, 97-55 therein estahlishing the JI)en (Sc\'cnth Annual) CaJlitallmpro\'Cmcnt Element ofthc
Growth :\tanagcment Plan in order to eSlahlish Jlriorities for the design. aClIuisition and construction
of the various caJlital imJlron:ment Jlrojecls. The Tmnsportation Element of the County's
COl11prchcnsi\'e Phlll was OIdorted in Ordinancc No. 97-(12; anti
W/f EREAS. the four.JOIning improvemcnts to Livingston Roatl hctween Golden Gate
Parkway and R.ldio Ro;ld is one orlhe c.lpital improvement projccts relluired under the
Transportation Ekmenl of thc County's Comprehensive 1'1<111; <Inti
WII E R EA S. Ihe floOlrd (l f COli nty ('omlll issioners. on Octohcr~. flN(,. .ldOpl~'{1 Resnl ul ion
;\10. <)(,.457 OIuthorizing rhe ('Dunty StillT 10 .lclIuire hy gi Ii or purchase certain e<lSClllcnts. .lIld/or fee
simple tille 10 the property anu propeny illlerests required and necessary lor the four-I:.lIling roadwllY
improvements of Livingston Ro.ld between Golllcn Gale P.lrkway .1I1t1 Radio Rmld; and
\\'11 EREAS. thc location for construclion of the proposed impro\'elllenls has heen fixed hy
survey and is colleclivcJy represented hy the legul descriptions comprising Exhihil "A" altached
herelo and incorporaled herein.
WI-f EREAS. illier consideration or Ihe .Ivail..hilily of allemute roules andlocatiol1s. the
comparativc costs ofprojccl alternatives. various impacls upon the environment. long range planning
options. and public safety consider.ltions. the Boartl desires 10 exercise ils right to condemn propeny
for puhlic purposes.
;\lO\\'. THEREFORE. BE IT RESOLVED flY THE BOARD OF COUNTY
COyl:\IISSI0~ERS OF COLLI ER COI INTY. FLORIDA. Ihat it has hcenlh:tennined hy the Buanl
that Ihe construcllon of the fO!lr-laning roadway improvcmcnts for Livingslon RO,ld helween Gulden
Gille Parkway allll Ratlio ROild. fhereinafter referred 10 .IS "Ihe Project") is necessary anti in till:
puhlic's hesl inh'resl in order to prolect Ihe heahh. safety .lI1d welrare of Ihe cilizens of ('oilier
COllnly.
A~D IT IS FURTIIER RESOLVED Ih.lt construction of the Project is pan of I))!: ("()Ullly'.~
long rilnge plilnning effort. and is included in Ihe Trilnsportation Element of'lllL' COllnty's
8 B 1
Comprehensive Plan for Growth Management, as approved by the Florida Depanment of Community
Affairs.
AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations
for the project. various impacts to the environmenl, puhlic safety and welfarc considerations
associated with the de5ign and cCln!>lruction of the Project. and the costs associaled with the design.
property rights acquisition, and construction of thc Project; and the Board finds that af\er
consideration of these issues, the most feasible location for construction of the proposed
improvements is collectivcly reprcsented by the legal descriptions comprising Exhibit" A" attached
hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in ortler 10 construct the Project as designed, it is
necessary for the Hoard to acquire the various real property interests deserihed in Exhibit "A" to wit:
fee simple title; perpetual, non-exclusive road right-of-way, sidewalk. slope, utility, drainage,
maintcnance and temporary construction interests by casement.
AND IT IS FURTHER RESOLVED that all property. whether encumbered by casement or
acquired in fee simple, shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to
immediately acquire by gill, purchase or condemnation in accordance with the provisions orChapters
73, 74 and 127. Florida Statutes, the above-referenced real property interests more panicularly
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 Resolulion repeals and !;upersedes Resolution No. 97-359 in its entirety.
Th;, R"olnl;on ,dopted on Ih;, ~ d,y or 1Rl~. 1998. ,n", mol;on,
second and majority vote.
ATtEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
BY~m 8, ~))~
Ba'Tbarll B. Berry.'€H AN
Approved as to form and
legal sufficiency:
. I
./
Heidi F. Ashton
Assistant County Attorney