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Resolution 2007-050 RESOLUTION NO. 2007- 50 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND AND/OR EASEMENTS FOR THE CONSTRUCTION OF A 2-LANE SEGMENT OF WOODCREST DRIVE FROM IMMOKALEE ROAD TO TREE FARM ROAD AND THE CONSTRUCTION OF A 2-LANE SEGMENT OF TREE FARM ROAD FROM DAVILA STREET TO MASSEY STREET. WHEREAS, roadway improvements consisting of the 2-laning of Woodcrest Drive extending south from Immokalee Road to Tree Farm Road for approximately one mile and the 2-laning of Tree Farm Road extending east from Davila Street to Massey Street for approximately one-half mile (hereinafter referred to as 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 requirements of the Growth Management Plan for Collier County; and WHEREAS, the Project is a part of Collier County's official Road Network, and is a part of the long range plan for transportation infrastructure. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the Project 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 right-of-way and stormwater retention sites in either fee simple or as special purpose easements within the project corridor identified on Exhibit "A" (attached hereto by reference made a part hereof) as best suits the needs of the project; and County Staff is hereby authorized and directed to acquire said right-of-way and stormwater retention sites by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to use independent appraisal reports and/or internal compensation estimates ("in-house" appraisals) as the basis for making purchase offers to property owners. 5. The Board hereby authorizes the County Manager or his designee to approve right-of-way and stormwater retention site purchases where the property owner has agreed to sell the required land -Page 1- rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised value. 6. The Board hereby authorizes its Chairman, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to execute Easement Agreements and Purchase Agreements for right-of-way and/or stormwater retention sites where the property owner has agreed to sell the required land rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised value; 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. Said 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. 8. Where the property owner agrees to convey a necessary interest in real property to the County, through the execution of a "Purchase Agreement" or "Easement Agreement," and upon the proper execution by the property owner of such legal instruments 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, and to others who may possess an equitable interest in the subject right-of-way parcels or storm water retention sites, in those amounts as shall be specified on a Closing Statement. 9. All title to real property which has 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 Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. 11-fk THIS RESOLUTION ADOPTED on thisd day of second and majority vote. rCl)/UJfl:.,J-, 2007, after motion, ATTEST: DWIGHT E. BROC.rs:, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~: ak/'~1(. .... . .:o~>Olerk': Mteat. ... to Cb., MIIo.S .t....,.,~llf ., By: /) " ~ffiMAN -Page 2- Approved as to form and lega sufficiency: ~~ Heidi F. Ashton Assistant County Attorney -Page 3- ROW Acquisitions For Project 60171 '\ ~~;l \\ \ 1"4~ ,,~_ I " EXHIBIT j~ Page-L of I '--~-"~~'~"'---'"-__,_".,_.,,^.v._,.,"_ '''~_''''_'"'_''''''