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Resolution 2007-277 RESOLUTION NO. 2007- 277 A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE SIX LANING AND ASSOCIATED IMPROVEMENTS TO OIL WELL ROAD FROM IMMOKALEE ROAD TO CAMP KEAIS ROAD. (PROJECT NO. 60044). WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted Ordinance No. 2004-71 therein establishing the 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; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2004-71; and WHEREAS, the widening of Oil Well Road form Immokalee Road to Camp Keais Road (Project No. 60044) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the 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 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 expansion of Oil Well Road from Immokalee Road to Camp Keais Road (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 an integral 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, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "A". 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.;( S"T {f_ day of S:tJ' iEN<lf-A. , 2007, after motion, second and majority vote supersedes and replaces Resolution No. 2007-123. ". ATTE~l'.. DWIGW )3. BROCK; ~RK ~~Ul(-~R{QSk, ~( Attest ntoC.....I..... I s j~.tllrt OIl I ~ BOARD OF COUNTY COMMISSIONERS ::COLlil~:RIDA . JA~CO ,~ Approved as to form and legal fUffici~nc~:\ . \ h~1 o~ t C /(e Heidi F. Ashton-Cicko Assistant County Attorney -Page 2- EXHIBIT "A" Is on File at the Minutes & Records Department