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Resolution 2007-326 RESOLUTION NO. 2007- 326 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT-OF-WAY AND RELATED EASEMENTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION OF COLLIER BOULEVARD FROM THE GOLDEN GATE MAIN CANAL TO GOLDEN GATE BOULEVARD, INCLUDING PORTIONS EAST ON WHITE BOULEVARD AND WEST ON PINE RIDGE ROAD (PROJECT NO. 68056.) WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted Ordinance No. 2005-25 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. 2005-25; and WHEREAS, the expansion of Collier Boulevard from the Golden Gate Main Canal to Golden Gate Boulevard (Project No. 68056) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the expansion of Collier Boulevard from four lanes to six lanes from the Golden Gate Main Canal to Golden Gate Boulevard, and the expansion of portions of Pine Ridge Road and White Boulevard, east and west of Collier Boulevard, is 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Collier Boulevard from Golden Gate Main Canal to Golden Gate Boulevard, and the expansion of portions of Pine Ridge Road and White Boulevard, east and west of Collier Boulevard, Project No. 68056 (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. 2. The 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. 3. It is necessary and in the best interest of Collier County for the Board to authorize the acquisition of right-of-way in either fee simple, or as easements for roadway, drainage and/or utility purposes, as well as temporary construction and driveway restoration easements, and stormwater retention and treatment pond sites in fee simple within the Project corridor, in the locations collectively represented on Exhibit "A" attached hereto and incorporated herein, as best suits the needs of the project; and the County Manager or his designee is hereby authorized and directed to acquire said right-of-way and storm water retention and treatment pond sites by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to make purchase offers to property owners based upon appraisals prepared for Collier County by licensed real estate appraisers. 5. In view of the differences of opinions between real estate appraisers as to property owner compensation estimates, and in view of the cost of condemnation, the Board hereby authorizes the County Manager or his designee to approve right-of-way, easement, and stormwater retention and treatment pond site purchases where the property owner has agreed to sell the required land rights to the County at, or up to twenty five percent (25%) above, Collier County's appraiser's estimate of full compensation to the property owner, with the maximum approval authority not to exceed $50,000 over the County's appraiser's estimate of full compensation. Such purchase approvals are hereinafter referred to as "Administrative Settlements." Each and every proposed settlement over one hundred and twenty-five percent (125%) or over $50,000 above the County's appraiser's estimate of full compensation shall require separate Board approval. 6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the Project, 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 and treatment pond sites, where the property owner has agreed to sell the required land rights to the County at its appraised value, or within the Administrative Settlement provisions of Paragraph 5 (above); 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. .Page 2. 7. Said Administrative Settlement authority is delegated by the Board to the extent that such delegation does 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 ofa "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, and/or to make wire transfers, 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 stormwater retention and treatment 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. This Resolution, adopted on this i3TJ1;. day of NI\\J5Ml'.,e(Z.., 2007, after motion, second and majority vote. ATTEST: ~~~~~ A:ttest IS to..~~ , 51 ~n4turt ,Qlf1 ~/ . . .'A' .',~;'~~,~\,~~.i . JA By: Approved as to form and legal sufficiency: j~~tL A--CJo Heidi F. Asthon-Cicko Assistant County Attorney .Page 3- EXHIBIT A ~-L 01-1- Collier Boulevard Vicinity Map, Project #68056